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


may make application in writing 10 the supervi
sors OF the town in which they reside for that pur
pose, and the said supervisors shall proceed to la
out, alter or discontinue such highway, if in the
oTInon the public good will thereby be promoted
, Sec. o. No public or private road shall be la
( cut through any orchard garden, without tn
consent OF the owner thereof, il such orchard hav
oeen set out two years more, or If such wardei
have been cultivated as snch for two years or more
nor shall any such road be laid out through an,
buildings or anyfNtures, eiections for the purpo
ses OF traaeor manufactures, or anyyards or encos
ures necessary 10 the use and erioymen, thereof
without The consent oflhe owner
Sec. - Whenever any highway shall be ia;,
ont through any enclosed, improved or cultivated
lands, without the consent of the owner thereof The
damage, If any. sustained by such owner in the
opening OF such highway, shall be appraised aud
awarded as hereinafter provided
Sec. %. Upon application made TO the supervi
soTs for the laying our, altering or disseminating
any highway, they shall make out notice and fix
therein time and place Al which they will meet
and decide upon such application, and the appli-
cants SHALL al least five days previous 10 such time
Cause such notice 10 be given 10 all the occupants
OF the lands through which such highway NAV
pass, which notice shall be served personality or by
cory left with, or at tie usual place OF abode OF
each occupant OF such lands: aud such notice shall
also be posted up in three public places in said
town. al least ten DAYS before the Time of such
meeting OF the supervisors: every such notice shall
specify as near as practicable the highway pro.
! posed TO be laid out, altered or disseminated ard
the several tracts of Land through which the same
may pass.
Sec 81. The supervisors. on being satisfied that
the notices required in the preceding section have
| been duly given, proof OF which may be shown By
/ aihdl'lt or otherwise. they may require shall
| proceed to examine personally such highway, aud
Shall hear any reasons that may be offered for or
against laying out, altering or disseminating the
same, and shall decide upon tue application as they
shall deem proper
Sec. 50. Whenever the supervisors shall lay out.
alter or discontinue any highway they shall cause
an accurate survey thereof 10 be made hen neccs.
sary, aud they shall make OH; description o. the
highway laid ont, altered or discontinued and
! incorporate the same in an order TO tie signed BY
them, and Shall cause such order TO he filed and
recorded IN the Office of the town clerk who shall
note the time o! recording the same ia the record
sec. 80. Upon The lay ing out Of altering of any
highway, if damages shall be claimed therefor by
any owner through whose land the same shall lie
Land, the amount of such damages may he de,er>
nine! By agreement between the supervisors and
such owner; provided the damages thus allow ed by
the supervisors shall not in the aggregate exceed
them: every such agreement shall he reduced TO
writing and signed by such owner and tie surer.
'sors, and filed in the town clerk office ard
every such agreement and every release OF DANA
gcs given. shall forever preclude such owner from
all further claim for damages
sec. -. II any owner OF lands. Through which
! highway Shall be laid OFT or altered by the sn-
pervIs0rS, shall not be satisfied with the sum Of
feel for damages by such Supervisory or il no sum
fin
Apply 10 Justice OF the peace OF TIC same or an
adjoining toNn. Tor a jury to assess and appra>c
sach damages which application shall be III wri
tag describing the premises. and any number Of
per oas claiming damages on account OF such hjgh-
way, may JON IN $ .ch Application; the super, isors
Of such toAn sh al have a; least SIX days notice
o. the time dnl place o! such meeting.
Sec. 81. Any person applying for a jury men
toned in the preceding section, shall by himself or
agent execute t" the supervisors Of the town, and
file with the justice, bond slth one or more sue
ties TO be rpro'c cd by such justice conditioned TO
pay all costs arising from such ar3eaI and ap-
pra semcnt of damages, prov Ided such jury shall
not award Il larger amount OF ddiHagcs than were
offered by The super. lsors OF the town in case
tie sup"Ivisors Shall ~: have made any offer OF
damages, then conditioned to ply all such costs if
the jary SHALL not award any damages.
sec. 81. Upon The lling OF such bnnd the ms
tee shall issue prcccpt 10 some constable OF an
adjoining toan neither interested nor Of kin 10 anv
person lhrougi nho land such road IS aid direct
ius him to summon Eve SinlcGe>ted lechoIders OF
his town. 1t of KIN to tae owner or occupant OF
such land, to meet at time and place 20 he speci-
lied IN such p1ecrp'.D appTaise the damages sus-
tl:ncl by the laying ot altering OF such high
way.
Sec. 60. At the time and place ap; o uted for the
appearing OF such jury, taey Shall lie sworn by the
lHst &C. justly and lmpar;iltly 20 make SUCH APP !
praisal, and shall proceed 10 view such highway, !
and hear the statements and proofs oi the parties II
they deem necessary; and they shall make return
OF tier appras to The Justice, which shall be Ger
t;fei by such justice. and filed with the town clerk
aud il The auount OF appraisal by such jury shall
exceed the amount offered by the swpcr I>orS or in
case no such sum Shall have been offered hy the !
supervisors. thea. if the jury award any damages
the costs and expenses shall be paid by the town /
but ii the jury shall not award any damages, or
than offered, the costs and expenses shall /
be paid By the applicant.
Sec 81. Zach person duly summoned who Shall
al cad as juror Shall be allowed SIX cents mile
for each mile necesslr Iy Travelled from his place
OF abode t. the place of meeting, aud fifty cents for
his services snch jury; and the justice shall be
entitled 10 ono dollar Tor his ICES.
Sec. o. All damages consequent upon laying /
out altering any highway. finally ,et;Iea upon
puEsu ,nt to the provisions of this chapter and all
Lawful charges against town for the services Of !
any jury in the assessment of damages or for the
fees OF any Justice constable pfo, ed foI in this
chapter OF for tic services OF any commissioner
apo utcd IN tie name herein provided, shall be
Land before The town board To be uliied and the
amount allow cd shall be leveL and coec led in the
same IN inner as other own charges
See. -. Whenever il SHALL be deemed necessary
to lay out highway upon the line between two
towns. such highway shall be laid by the supcryi>
OF each OF said tow rs, either upon SAID line or
as near thereto as the situation of the ground will
admit; and they may vary the same either to the
one side the other Of such line they may deem
Necessary
See 6I The supervisors Teach such adjoining town
upon laying on: highway upon the ine between
such towns shall determine what part OF such
highway shall be made and kept in repair by each
town, and VIA, share Of tie damages, ii any, shall
be TnJ by each.
Sec. IS. The supervisors OF each such adjoining
toan SHALL proceed IN all things as is required oil
the supervisors OF one town in laying ont highways
in sch town; and their proceedings, or a duplicate
thereof shall be returned 10 the town clerk OF each
town and their Older, inclldiHg the survey shall be
recorded la each town clerk Office and each town
shall have all the rigatS ard be subject to all the
liabilities ia relation to the part OF such highway