The Northeastern Reporter Volume 48 (Paperback)

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1898 Excerpt: ...and the land over which it Is to be established; and the damages to the property of those who have not released their claims for damages have been assessed by a jury. Section 47 provides that all the proceedings just mentioned having been taken, and "within ten days after the total amount of damages shall have been ascertained, either by release or agreement of the parties, or by assessment before a justice of the peace and a jury in the manner herein before provided, the commissioners shall hold a meeting to finally determine upon the laying out of such road, of which meeting said commissioners shall give public notice by causing not less than three notices thereof to be posted In public places within the town at least five days prior thereto." It will be observed that section 47 does not require the notice therein mentioned to contain a description of the line or direction of the road itself. It Is a notice of a meeting at which the commissioners are to finally determine upon the laying out of the road. Here the petition which was filed for the road asks for a new road to run over the following described route, to wit, "commencing at a point on the said road running west on the said line between sections 14 and 23," etc., ' 40 yards (or 120 feet) west of the half-section line running north and south through the center of section 23," etc. The petition describes the starting point of the road as being on the north line of section 23, 120 feet west of the half-section line running north and south through the center of said section 23. The petition thus designates the starting point as being the middle quarter-section corner, and not a quarter-section corner at either extremity of the north line. The notice of the meeting of November...