Page:United States Statutes at Large Volume 12.djvu/832

 802 THIRTY-SEVENTH CONGRESS. Sess. III. Ch. 106. 1868. Damages. a publjg mad or highway; but if any owner or owners 'of the land shall object and claim damages, and the court cannot agree with such owner or owners upon the amount, then the court shall direct the marshal of the Jury. District to summon a jury of seven judicious, disinterested linen, not related to any party interested, to be and appear on the premises on a day specified to assess the damages, if any, which each owner of land through which the road is to pass may sustain by.reason thereofl And the marshal shall summon such jury, and administer an oath or affirmation to them that they will, without Favor or partiality to any one, to the best of their judgment, decide what damage, if any, each owner may sustain by reason of running the road through his premises; but in doing this they shall take into consideration the benefit it may be to him or her by enhancing the value of his or her land, or otherwise, and give theinverdict accordingly. It shall be the duty of the marshal, upon receiving the order from the court, to give the owner or owners aforesaid not less than ten days’ notice of the time and place of the meeting of the jury to assess their damages. In cases where notice cannot be served on the owner or owners, the same proceedings shall be had as is provided in this section in the case of minors. The jury, having been upon the premises and assessed the damages, shall make out a written verdict, to be signed by them, or a majority of them, and attested by the marshal, which the marshal shall transmit to the court at its next session, and which shall be recorded. lf the court or any owner or owners of the land aforesaid are dissatisfied with the verdict thus rendered, and no arrangement being made between the court and the said owner or owners, the court shall Second jury- order the marshal to summon a second jury of twelve judicious, disinterested men, not related to any one interested, to meet and view the premises, giving the parties interested at least ten days’ notice of the time and place of meeting. And the marshal and jury shall proceed as before directed in regard to the first jury. And the verdict, signed by each of the jurors, or a majority of them, shall be returned to the court at its next session, and recorded as final and conclusive, and the road shall then be declared a public road, and the court shall order it to be opened as such. And the same mode of proceeding shall be observed in cases where application shall be made to the court by the residents of the county to lay out a new, or alter any existing road. In all cases where the land through which it is proposed to run a road shall belong to a minor or minors, it shall be presumed that objection is made, and the damages ascom, sessed accordingly. In all cases where it becomes necessary to summon ‘ a second jury to assess damages, if the amount assessed by the second jury shall not be greater than the amount assessed by the first, the costs of the second jury shall be paid by the party or parties objecting to the first verdict; but if greater, they shall be paid by the county. All expenses up to the second jury shall be paid by the county. Mnrshal’s fees. MARSHAUS FEES. j“2:ll¤¤¤¤i¤s For summoning each juror the marshal shall be entitled to fifty cents. Tam. F or travel, per mile, going and coming to the premises to be examined, twelve and a half cents. ·**¢¤¤¤=¤¤*~ For nach days attendance, two dollars and fifty mts. JUROR’S runs. ·l¤¤>¤"f tm- For each day’s attendance, two dollars.   Sr:0.   And be it further enacted, That in any case where materials pairing mdyhow of any kind shall be deemed necessary for making or repairing a public procured. road, if the levy court cannot agree with the owner as to their purchase, the said conrt may proceed in the same manner for condemning said materials as in cases of condemnation of land for the purposes of a public road, as is provided for in the next preceding section of this act.