Studies in Civics Part 44

PROOF OF POSTING.

State of __________, county of __________, town of __________, ss.

D.S. being sworn, says, that on the ______ day of __________, 18______, he posted copies of the within pet.i.tion in three of the most public places of said town, to-wit: At (naming the places.) _________________________ D.S.

Subscribed and sworn to before me this ______ day of __________, 18______.

E.W.R., Justice of the Peace.

SUPERVISORS' NOTICE OF HEARING.

Notice is hereby given that the supervisors of the town of __________, in the county of __________, and state of __________, will meet on the ______ day of __________ A.D. 18______, at ______ o'clock in the ______noon, at __________, in said town, for the purpose of personally examining the route named below, proposed for a new (or altering, or discontinuing a) road, and for hearing all reasons for or against said proposed laying out (or altering, or discontinuance) and deciding upon said application. Said proposed new road (or alteration, or discontinuance) as described in the pet.i.tion is as follows: (Here give the description of the route as contained in the pet.i.tion.)

The several tracts of land through which said road will pa.s.s (pa.s.ses) and the occupants thereof, as nearly as we can determine the same, are as follows: (Give a description of the lands and the names of the occupants, and if any have no occupants and the owners are unknown, state that fact.) (Dated, and signed officially by the supervisors.)

PROOF OF POSTING NOTICE.

State of __________, county of __________, town of __________, ss.

D.S. being sworn, says that on the ______ day of __________, A.D.

18______, he served the within notice upon each of the occupants of the land through which the within described road may pa.s.s, by leaving copies as follows: To A.B. personally; to C.D. at his usual place of abode with E.F., a person of suitable age and discretion, (describing each service.)

That, also, on the ______ day of __________ A.D. 18______, he posted copies of the within notice in three public places in said town, to-wit: At (naming the places.)

D.S.

Subscribed and sworn to before me this ______ day of __________, 18______.

E.W.R., Justice of the Peace.

SUPERVISOR'S ROAD ORDER.

State of __________, county of __________, town of __________, ss.

Whereas, upon the pet.i.tion of (six) legal voters, owning real estate, or occupying real estate under the homestead or pre-emption laws of the United States, or under contract from the state of __________, within one mile (or eight legal voters, freeholders and residents of the town, within two miles), of the road proposed in said pet.i.tion to be laid out (altered or discontinued), copies of said pet.i.tion having been first duly posted up in three of the most public places of said town at least twenty days before any action was had in relation thereto, proof of which posting was duly shown to us by affidavit; Which said proposed new road (alteration or discontinuance) is set forth and described in said pet.i.tion as follows, viz.: Beginning, etc., (set forth the road as given in the pet.i.tion.)

And whereas, upon receiving said pet.i.tion we did, within thirty days thereafter, make out a notice and fix therein a time and place at which we would meet and decide upon such application, to-wit: on the day of _____, A.D. 18_____, at __________, causing copies of such notice to be posted in three public places in said town, at least ten days previous to such meeting; and having met at such time and place as above named in said notice, and being satisfied that the applicant had, at least ten days previous to said time, caused said notice of time and place of hearing to be given to all the occupants of the land through which such highway might pa.s.s, by serving the same personally or by copy left at the usual place of abode of each of said occupants, proof of which was shown by affidavit, we proceeded to examine personally such highway and heard any and all reasons for or against laying out (altering or discontinuing) the same, and being of the opinion that such laying out (or altering, or discontinuing,) was necessary and proper and that the public interest would be promoted thereby, we granted the prayer of said pet.i.tioners and determined to lay out (alter or discontinue) said road, the description of which as so laid out is as follows, to-wit: Beginning, &c.

It is therefore ordered and determined that a road be and the same is hereby laid out (or altered) and established according to the description last aforesaid, and it is hereby declared to be a public highway, four rods wide, the said description above given being the center of said road.

Given under our hands, this, &c., (dated and signed officially by the supervisors.)

SURVEYOR'S REPORT.

To the supervisors of the town of __________, county of __________, and state of __________:

The undersigned having been employed by you to make a survey of a road in said town would report that the following is a correct survey thereof, as made by me under your directions, to-wit: (Give an accurate description of the road by course and distance) and that below is a correct plot of said road according to said survey. (Dated and signed.)

RELEASE OF DAMAGES.

State of __________, county of __________, town of __________, ss.:

Whereas, a road was laid out (or altered or discontinued) on the _____ day of __________, A.D. 18_____, by the supervisors of the said town of __________, on the pet.i.tion of (six) legal voters, owning real estate, or occupying real estate under the homestead or pre-emption laws of the United States, or under contract from the state of __________, within one mile (or eight legal voters freeholders and residents of the town within two miles) of said road; which said road (or alteration, or discontinuance) is set forth and described in the supervisors' order, as follows, viz.: Beginning (describe the road as in the order laying it out); which said road pa.s.ses through certain lands owned by us as described below:

Now, therefore, know all men by these presents, that we, the owners of the lands described below, for value received, do hereby * release all claims to damages sustained by us by reason of the laying out (or altering, or discontinuing) and opening said road through our lands, viz.: (Here give a description of the lands and their owners' names.)*

In witness whereof, we have hereunto set our hands and seals this day of __________, A.D. 18_____. (Signatures and seals.) Signed, sealed and delivered in presence of two witnesses.

AGREEMENT AS TO DAMAGES.

(Use form "Release of Damages" to the * then subst.i.tute to the next * as follows:) do hereby "agree to and with the said supervisors that the damages sustained by us by reason of laying out (or altering, or discontinuing) said road be ascertained and fixed, and the same are hereby ascertained and fixed as follows: (Describe the lands, give the owners'

names, and the amounts agreed on;" and conclude as in form "Release of Damages.")

AWARD OF DAMAGES.

State of __________, county of __________, town of __________, ss.:

Whereas, a road was laid out (or altered or discontinued) on the day of __________, A.D. 18_____, by the undersigned supervisors of the said town of __________, on the pet.i.tion of (six) legal voters, owning real estate, or occupying real estate under the homestead or pre-emption laws of the United States, or under contract from the state of __________, within one mile (or eight legal voters, freeholders and residents of the town within two miles) of said road; which said road (or alteration, or discontinuance) is set forth and described in the supervisors' order as follows, viz.: Beginning (describe the road as in the order laying it out.) And not being able to agree with the owners of the following described lands, claiming damages by reason of said highway pa.s.sing through, we have a.s.sessed the damages to each of such individual claimants with whom we could not agree, and awarded damages to the owners of such lands through which such highway pa.s.ses as are unknown, at what we deemed just and right; taking into account and estimating the advantages and benefits the road will confer on the claimants and owners, as well as the disadvantages. We have a.s.sessed and awarded damages as follows:

(Here give a particular description of each tract of land and its owner, if known; but if not known, state that fact also.)

And in case of the following lands and claimants for damages, we estimate that the advantages and benefits said road will confer on them are equal to all damages sustained by them by reason of laying out (or altering, or discontinuing) said road, to-wit: (Set forth lands and owners as far as known; and describe the unknown lands, stating that the owners are unknown.) (Dated, and signed by the supervisors.)

APPLICATION FOR JURY.

State of __________, county of __________, town of __________, ss.

To J.P., justice of the peace in and for said county:

I, J.A.B., of said town, feeling myself aggrieved by the determination (award of damages) made by the supervisors of said town (county commissioners of said county) by their order bearing date the _____ day of __________, A.D. 18_____, in laying out (altering or discontinuing) (or refusing to lay out, alter or discontinue) a highway in said town (county), do hereby appeal to you for a jury to be summoned by you to hear and determine such appeal.

The highway (alteration or discontinuance) in question is described in said order, filed in the town clerk's (county auditor's) office of said town (county) ________, A.D. 18_____, as follows: (describe the road, as in the order on file), which said road pa.s.ses through lands owned by me, viz.: (describing them.)

The grounds upon which this appeal is brought, are: (to recover $80 damages to my said land by reason of such laying out, instead of $40 as awarded in said order) (or, in relation to the laying out, or altering, or discontinuing said highway;) (or their refusal to lay out, or alter, or discontinue said highway;) (or said appeal is brought to reverse entirely the decision of the said supervisors or commissioners;) (or is brought to reverse that part of their order [specifying which part,] &c.) (Dated and signed by the appellant.)

JUSTICE COURT.

_I. Civil Suit._