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MISSOURI. 109
cannot be obtained, they shall proceed to assess damages, as provided in the
seventeenth section.
§ 30. As soon as the duties of the commissioners as above required shall-
be performed they shall make a full report of their proceedings to the county
court of their county, shewing the state and condition of the established route,
a description of the soil and surface of both routes, and such other particulars
as will enable the court to determine with regard to the advantages and disadvantages to the public, of both routes, which report with the map and field notes
of the surveyor the relinquishments taken, and an account of assessment made
shall be filed in the office of the clerk of the county court without delay.
§ 31. Any person deeming himself aggrieved by the assessment of damages
may file his objections thereto at any time within twenty days after filing the
report, and the court shall proceed therein, as in the eighteenth section is provided; if the assessment made by the jury, shall not be more than that of the
commissioners, the party objecting shall pay the costs; in other cases the costs
shall be paid as hereinafter provided.
§ 32. The county shall as soon as practicable, after the report of the commissioners is received, proceed to determine between the two routes, having regard to the respective advantages and disadvantages to the public and the individuals; if they decide in favor of the established route, the petitioners shall
be adjudged to pay all costs and expenses of the proceeding, including the pay
of all persons concerned therein.
§ 33. If the court shall determine in favor of the new. route, they shall ascertain the amount of damages assessed and costs of the assessment, and make
an order that the same be paid by the petitioners.
§ 34. Whenever the court shall be satisfied that all damages assessed and
costs have been paid, or secured to the satisfaction of the persons entitled, they
shall make an order for opening the road, according to the provisions of the
twelfth section of this act, which order shall be executed by the petitioners
without expense to the county.
§ 35. Upon the production of satisfactory evidence that such road has been
opened and cleared according to the order of the court, and that it is in at least
as good condition for public use as the old route, and not before, the court shall
confirm such new location, and annul so much of the former road, as is between
the points of intersection of the new route with it.
§ 36. If the petitioners shall not, within three months after making the order for the payment of damages and costs, produce the evidence required by
the thirty-fourth section, or shall'not, within three months after an order for
opening the road is made, produce the evidence required by the next preceding
section, all further proceedings shall be stayed, and the petitioners shall be adjudged to pay all costs and expenses of the proceeding.
§ 37. Whenever the new route shall be confirmed and the former annulled
the expenses (except damages and costs of assessment,) shall be paid put of the
county treasury.
§ 38. Whenever the petitioners shall be adjudged to pay expenses incurred
in reviewing and surveying as herein provided, the petitioners shall be jointly
and severally liable therefor, and the court shall ascertain and settle the amount,
and the statement thereof, duly certified under the seal of the court, shall have'
the effect of a fieri facias issued by the circuit court, and the amount thereof
shall be levied and collected accordingly.
§ 39. Whenever the route of any State road is changed, according to the
provisions of this act, the county court shall cause the original relinquishment
to the right of way to be forwarded, with certified copies of the plat and field
Ootes of the survey, to the Governor of this State, to be deposited in the office
°f the Secretary of State.
Object Description
| Title | 1838, Missouri Session Laws, Version II |
| Identifier | index.cpd |
| Collection Name | Missouri Session Laws, 1824-Present |
| Creator | Missouri. General Assembly |
| Subject.LCSH | American Indians--Missouri; Banks and banking--Missouri; Boggs, Lilburn Williams (1796-1860); Education--Missouri; Elections--Missouri--Saint Louis County; Insurance law--Missouri; Law and legislation--Missouri; Missouri--Appropriations and expenditures; Missouri. General Assembly; Missouri. Office of the Adjutant General; Missouri. School for the Deaf; Missouri State Capitol (Jefferson City, Mo.); Missouri State Penitentiary; Politics and government--Missouri; Revenue--Missouri; Roads--Missouri; United States. Congress; University of Missouri |
| Subject.Local | Cities and towns--Law and legislation; Courts--Missouri; Laws of Missouri; Private legislation; Private relief; Schools--Missouri; Session Laws (Mo.) |
| Description | Laws of Missouri, 1838, Version II; Secretary of State James L. Minor published two versions of the 1838 Laws of Missouri, 10th General Assembly. Version 2 was printed in 1841. |
| Date | November 19, 1838 |
| Date.Digital | 2016-04-12 |
| Publisher | Missouri. General Assembly |
| Publisher.Digital | Missouri State Archives |
| Type | Government and political records |
| Format | JPEG2000 |
| Language | eng |
| Coverage | Missouri--Barry County; Missouri--Buchanan County; Missouri--Clark County; Missouri--Grundy County; Missouri--Miller County; Missouri--Newton County; Missouri--Platte County; Missouri--Ray County; Missouri--Ste. Genevieve County; Missouri--Scott County; Missouri--Taney County; |
| County |
Barry County (Mo.) Buchanan County (Mo.) Clark County (Mo.) Grundy County (Mo.) Miller County (Mo.) Newton County (Mo.) Platte County (Mo.) Ray County (Mo.) Sainte Genevieve County (Mo.) Scott County (Mo.) Taney County (Mo.) |
| Source | Missouri State Archives |
| Rights | Copyright is in the public domain. |
| Preferred Citation | Laws of Missouri, (number) General Assembly, (number) and type (Regular, Special, Extra Session), calendar year, page number; State Documents Collections, Missouri State Archives, Jefferson City. |
| Contributing Institution | Missouri State Archives |
| Copy Request | Email: archref@sos.mo.gov |
| Note | Because of the age of the item, condition issues, and legibility, this volume was filmed in gray scale. The record suffers from foxing caused by age related deterioration of the paper. Blank pages were not digitized. |
Description
| Title | Missouri Session Laws |
| Identifier | LAWS_9th_1836-1838_0445.tif |
| Collection Name | Missouri Session Laws, 1824-present |
| Creator | Missouri. General Assembly |
| Subject.LCSH | Banks and banking--Missouri; Law and legislation--Missouri; Missouri--Appropriations and expenditures; Missouri. General Assembly; Revenue--Missouri; |
| Subject.Local | Laws of Missouri; Session Laws (Mo.) |
| Date.Digital | 2016-01-21 |
| Publisher | Missouri. General Assembly |
| Publisher.Digital | Missouri State Archives |
| Type | Government and political records |
| Format | JPEG2000 |
| Language | eng |
| Coverage | Missouri |
| Source | Missouri State Archives |
| Rights | Copyright is in the public domain. |
| Preferred Citation | Required citation: Laws of Missouri, (number) General Assembly, (number) and (type, Regular, Special, Extra) Session, Calendar Year, page number; State Documents Collections, Missouri State Archives, Jefferson City. |
| Contributing Institution | Missouri State Archives |
| Copy Request | Email: archref@sos.mo.gov |
| Transcript | MISSOURI. 109 cannot be obtained, they shall proceed to assess damages, as provided in the seventeenth section. § 30. As soon as the duties of the commissioners as above required shall- be performed they shall make a full report of their proceedings to the county court of their county, shewing the state and condition of the established route, a description of the soil and surface of both routes, and such other particulars as will enable the court to determine with regard to the advantages and disadvantages to the public, of both routes, which report with the map and field notes of the surveyor the relinquishments taken, and an account of assessment made shall be filed in the office of the clerk of the county court without delay. § 31. Any person deeming himself aggrieved by the assessment of damages may file his objections thereto at any time within twenty days after filing the report, and the court shall proceed therein, as in the eighteenth section is provided; if the assessment made by the jury, shall not be more than that of the commissioners, the party objecting shall pay the costs; in other cases the costs shall be paid as hereinafter provided. § 32. The county shall as soon as practicable, after the report of the commissioners is received, proceed to determine between the two routes, having regard to the respective advantages and disadvantages to the public and the individuals; if they decide in favor of the established route, the petitioners shall be adjudged to pay all costs and expenses of the proceeding, including the pay of all persons concerned therein. § 33. If the court shall determine in favor of the new. route, they shall ascertain the amount of damages assessed and costs of the assessment, and make an order that the same be paid by the petitioners. § 34. Whenever the court shall be satisfied that all damages assessed and costs have been paid, or secured to the satisfaction of the persons entitled, they shall make an order for opening the road, according to the provisions of the twelfth section of this act, which order shall be executed by the petitioners without expense to the county. § 35. Upon the production of satisfactory evidence that such road has been opened and cleared according to the order of the court, and that it is in at least as good condition for public use as the old route, and not before, the court shall confirm such new location, and annul so much of the former road, as is between the points of intersection of the new route with it. § 36. If the petitioners shall not, within three months after making the order for the payment of damages and costs, produce the evidence required by the thirty-fourth section, or shall'not, within three months after an order for opening the road is made, produce the evidence required by the next preceding section, all further proceedings shall be stayed, and the petitioners shall be adjudged to pay all costs and expenses of the proceeding. § 37. Whenever the new route shall be confirmed and the former annulled the expenses (except damages and costs of assessment,) shall be paid put of the county treasury. § 38. Whenever the petitioners shall be adjudged to pay expenses incurred in reviewing and surveying as herein provided, the petitioners shall be jointly and severally liable therefor, and the court shall ascertain and settle the amount, and the statement thereof, duly certified under the seal of the court, shall have' the effect of a fieri facias issued by the circuit court, and the amount thereof shall be levied and collected accordingly. § 39. Whenever the route of any State road is changed, according to the provisions of this act, the county court shall cause the original relinquishment to the right of way to be forwarded, with certified copies of the plat and field Ootes of the survey, to the Governor of this State, to be deposited in the office °f the Secretary of State. |
