Southport telegraph. [volume] (Southport, W.T. [i.e. Kenosha, Wis.]) 1840-1850, 1849-05-11

and assigns, bu, not 10 be converted 10 any othe
purpose than that of road: nor shall the occupan
: or owner Of the land through which such road
shall be laid out, be permitted 10 use the same a
road, unless he shall have signilied his intention
. OF 81 making OF the same TO the supervisors. OF
the jury, who ascertaued the damages sustained b.
laying ont such road, and before such damages were
e 50 ascertaned
Sec 6S. All applications, certificates and other
papers relating 10 the laying out, altering discon
tInung any public PRIV ale road Shall be filed in
the office OF the town clerk soon as the supervi-
; sors shall have decided thereon.
Sec. 90. All public roads TO be laid out by the
supervisors OF the wn, shall not be less than four
rods WIDE nor shall any private road be laid more
than three rods wide.
; Sec. 70. No supervisor shall act as a commits.
sioner Of highways in laying out, altering dis
continuing any public pr, ale road, in which he
may be personally interested.
Sec II. The supervisors Of the several towns
are, by virtue other Offices. authorised TO admin
'sieF any oahs required by the provisions OF this
chapter
Sec. ~. Any person who shall consider himself
0gSrieN ed by any determination of the supervisors
OF any town, either in laying out, altering or dis
continuing, in refusing 10 lay out, alter or dis
continue any highway,may, within thirty days after
such determination, appeal lhereiTom and apply to
Justice Of the peace OF the town, for the appoint
ment OF commissioners 10 whom an appeal from
such determination OF the supervisors may be IA en-
Sec. - Every application for appeal from
The determination OF the supervisory shall be made
IN writing TO such justice OF the peace, ard shall
briefly state the grounds upon which il is made
and whether il is brought to reverse entirely tie
determination OF the supervisors, or only 10 reverse
pant thereof and in the latter case it shall State
what part.
Sec. ~. Upon the filing of such application, and
bond executed 10 the supervisors Of the town,
with sufficient suIetes 10 be appro, cd By the jus
tee, conditioned 10 pay all costs arising from such
appeal, provided the determination Of the supcrv-
sors in ayi out altering or disseminating, or re-
/ iGslng 20 lay out al,er or discontinue such high,
! way, as the case may be, shall not be reversed.
such justice Shall issue notice specifying therein
tine and place for the appointment OF commits.
soners which notice shall be served on one or more
of the supervisors, at least six days before such
/ time, aud at the time aud place appointed, the
justice Shall make list of eighteen disinterested
freehoders of the county. each party may object TO
six such list, and in OF the supervisors
shall be present, the justice Shall strike off the
names for the supervisors, and out OF the humber
not struck Of the justice shall b. 10, select three
for such commissioners.
Sec. -. The Justice shall then annex to the ap-
pdcatIon warrant under his hand, appointing
| time and place for the meeting of such comms-
sOncrS, and issue the same to the persons so APP
pointed, directing them to view and examine the
highway described IN the application, and the de-
termination of the supervisors in laying out alter
ing or discontinung in refusing lay out, alter
Or discontinue the same, the may be- and
to make retHrn Of their decision thereon to him,
within twenty days after the date Of the warrant;
and before proceeding 10 take such view aud ex-
animation, they shall be duly sworn Justly and i'm
partially to discharge their duty us such comInS-
sionere.
Sec. &c Tic decision of suck commissioners
shall be reduced to writing, and signed by them,
and flied win the town clerk and if the Gcte-m-
nation Of the supervisors shall be- affirmed by the
commissioners, the party appealing shall pay the
expense Of the pro ecdaGs had in the matter; but
il such determination shall be reversed, then the
expense shall be charge against the town; each
of Snca commissioners shall be entitled TO one dol
lar day for their services, and the Justice shall be
entitled to dollar for his fees.
Sec. =. When an appeal shall have been made |
from the Oct rmlnaOn of the supervisors, for Ic |
nslng to lay cat, alter or discontinue highway.
and such determination shall be reversed BY the |
commissioners, the supervisors shall proceed to lay
out, alter or discontinue such highway il the
manner, and the proceedings thereon shall be the |
same. as if they had originally determined TO lay /
out, alter or discontinue such highway.
Sec g. Whenever the supervisors shall have !
laid out, or altered any pubic highway, through |
their determination shall not have been appealed /
from, they shall give the owner or occupant Of such
lands notice in writing. to remove his fences, within |
such time they Shall deem reasonable, not less |
than thirty days after giving such notice, but no /
person shall b, required 10 remove such fence be-
tween the FIST day Of April and the first day of |
November in any year, aud If such owner or occu !
pant 81 I'll net remove his fences within the time |
required in such notice, the supervisors shall cause
such fences to be removed, and shall drec, such /
road to be opened but if the determination of the |
supervisors shall have been appealed from, then
such notice shall be given after the final decision Of
such appeal.
See. % Every pubic highway already laid out /
no part OF whch shall have been opened and !
worked within iou. years from the time OF lis being !
laid out and every such highway hereafter TO /
be laid out. no part OF which shall BE- opened and |
worked within the like period, shah to be |
considered public highway, and all public |
highways now in use, heretofore lald OFT aud cs-
,b|sled pursuant 10 law, and all roads not recor-
dcd which have been used as public highways for
twenty Years or more, and al ioads not recor-
dcd, which shall hereafter be used ten years or |
more, shall be deemed pubic highways.
Sec. 50. When any highway shall be discontin- !
ued. the same shall belong to the owner or owners /
OF the adjo ming lands; it it shall be located between
the Lands of two more different owneis. it shall |
be annexed to The lots TO which it originally be
Ionged. if that be asceTtajned, if not, shall be
equally divided between the owners OF the lands on
each side thereof.
Sec. 81 If any discontinued highway shall BE- |
set to u tract OF laud through which new high /
way shall be laid out, the same may be taken INTO |
consideration in estimating the damages sustained !
BY the owner: and IN estimating the damages which |
may be sustained by any person owning or inter /
oSied i'll lands, by reason Of laying out altering
any highway, to benefits which such person may I
receive thereby shall be taken into consideration.
Sec. 90. All United states aud territorial roads, !
and all state roads which shall hereafter be laid out
shall be opened and worked the sarle as other !
highways, and whenever any such state road shall |
be LAID out through enclosed, improved, cutva- |
ted lands, without The consent of the owner the |
damages claimed therefor may be determined by |
agreement bcteen the commissioners authorised to
lay out such road and the owner, but the damages
thus allowed by the commissioners shall not in the
aggregate exceed fifty dollars upon an such road
in aay town; or The same proceedings may be /
had for the appraisal and collection OF damages /
therefor II SUCH road were laid uuCer the p
visions OF this chapter, provided application ioE
jury to appraise such da:nuges shall be made within
Thirty days after the return Of The commissioners
establishing such road, shall have been filed III The
office OF the cieik OF the board OF supervisors OF the
county where such damages are claimed.
Sec. 50. The SUPERVISORS OF each town through
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