Southport telegraph. [volume] (Southport, W.T. [i.e. Kenosha, Wis.]) 1840-1850, 1843-05-09

which it shall DE allotted for the purpose of
opening and improving the road, and Tor
keeping it in repair; and the commission
ers shall cause such highway and the par
tition and allotment thereof, 10 be recorded
in the Office of the town clerk in each Of
their respective towns.
Sec. 2I. All highways heretofore laid
out upon the line between any two towns.
shall he divided, recorded and kept in re-
pair in the manner above directed.
Sec. %. The commissioners OF high
ways shall also have authority to lay out
and establish private roads through the
land Of any person or persons upon appll-
cation Of any freebooter whose residence
shall be excluded from public highway,and
for such purpose SHALL proceed n all res
poets SO far as the same shall be appics-
bic as required for laying out new roads:
Prorided, also, that the damages Of the
owner or owners Of land through which
such road shall be laid out, shall be ascer-
tanned and assessed in the same man
ner as il the same were public highway;
and provided. also, that all such damages
and costs shall be paid by the person ap-
plying for such road.
Sec. %. All public roads to be laid out
by the commissioners Of highways of any
town shall not be less than three rods wide,
and all private roads shall not be more than
three rods wide.
Sec. p. Ailapplications, certificates and
other papers relating to the laying out, al
tering OF disseminating any public or pri-
vate road or highway, shall be filed by the
commissioners Of highways as soon as
they shall have decided thereon, in the Of
fee of the town clerk of the town.
Sec. %. Whenever any one or more Of
the commissioners Of highways shall be IN
ierested in auy lands over which any road
or highway, or any private way is petit
TONED to be laid out, or whenever such
commissioner shall be interested in the al
tera,on Of any old road, the town
clerk shall be authorized to detail BIZ lot
under his hand and certificate one or more
Of the supervisors Of the town, not disQua-
lifted as aforesaid, TO Gil the vacancy or
vacancies in the board Of commissioners
Of highways occasioned by reason Of any
such interest, in which case such superyi-
sor or supervisors SO detailed shall const-
tute part Of the board Of commissioners
Of highways for such purpose; but it is
herein provided, that no such authority
shall be exercised by such clerk without
satisfactory proof being made, or being
within the knowledge Of such clerk, that
the commissioner or commissioners oh
eced 10 is or arc interested as aforesaid:
and provided, also, that no such alteration
in the board Of commissioners Of highways
shall be made unless such commissioner or
commissioners shall be objected to for the
reasons aforesaid, by some person inter-
ested in such road. on or before the day
appointed for reviewing and locating the
same.
Sec 90. Whenever ordered by the
board Of commissioners Of highways, the
town clerk shall act as clerk of said board
MISCELLANEOUS Provisions IN RELATION
TO ROADS.
See. l, The following amendment shall
be made to chapter eleven. TO wit: part
first. section eleven, shall be SO amended
as to provide that 10 overseer Of highway
shall receive more than one dollar per day
Cor any excess Of highway labor over ant
above his taxes; part three, section four
is so modified that whenever any person
! shall elect to commute the whole or any
/ part Of his highway tax, he NAV do so By
paying one dollar for each days work thu:
commuted.
Section nineteen Of part thrse, is hereby
so amended as 10 provide that in conpu
! ting the amount Of arrearages OF labor, tC
be levied upon delinquent lands, the anoun
! shall be estimated at one dollar per day
and no more; and section sixteen of the
same part is so amended tina: every ever
seer of highways shall have till the first day
Of April in each year. TO make the return
! Of delinquent nonresident lands.
The following proviso shall be added tc
section ten, Of part seven, TO Wit ProUjded
! however. that no amount so collected shall
ever exceed the sum OF ten dollars for any
| one tree.
Sec. 2. No person shall be required tc
pay poll tax for highway purposes who
shall be over the age Of fifty five years.
Sec. 3. 1t shall be lawful for any over.
! seer oil highways, or any person or per
sons, by his ordsr to enter upon any lanc
| adjoining or lying near the road in his dis
/ tric'.and cut or open such bitches or drains
| aud construct such dams as shall be neces.
| sary for the making or preservation oil
such road; doing however, as little injury
TO the owner of such land as possible
Sec. 4. Every overseer Of highways
! shall have full power TO enter upon any
uImproved land adjoining or near the
road in his district, and gather. dig, OF
cause to be dug. anv gravel, sand or stone,
and cut away wood or trees, and carry of
the same that should be necessary for the
making or repairing Of such road, doing,
however, as little damage as may be TO the
| owner of the land.
Sec. 5. 1t any person feel aggrieved by