, 1854-05-20

under the provis.Ons OF this act, for view
or review Of any public road, proposed to
be laid out, altered or vacated, the COM
missioners shall, before issuing their order
to the viewers, require bond to be execu-
ted by one or more Of the petitioners for
such view or review, with sufficient surety,
to be approved by the commissioners or
their clerk, and made payable to the board
of commissioners, in such sum as they shall
direct, not exceeding two hundred dollars,
conditioned that if the prayer of the petit
TONERS be not granted, and allowed, the
persons executing such bond will pay all
costs and expenses that may be incurred
by reason of such view or review.
or LOCATING PRIVATE WAYS.
Sec. Is. Any person whose land shall
be so situated, that it has no connection
with any public road may make applica-
ton in writing to the board of commission
ers Of his county, at a regular session. for
= a private road leading from his premises, to
some convenient public road, and thereupon
the said commissioners shall appoint three
disinterested householders of the county as
viewers; and shall issue an order directing
them to meet on day named in such or
der, to view and locate a private road ac-
cording to the application, and to assess
the damages to be sustained thereby and
after being duly sworn or affirmed faithfully
aud impartially TO discharge the duties Of
their appointment, and after at least three
!, days notice, given to oil persons through
f whose lands such private road is TO be To-
Gated, such viewers shall proceed TO locate
and mark out private road, thirty feet in
/, width, from some certain point on the prem
ises Of the applicant to some certain point
f on the public road, so as to do the least
damage TO the lands through which such
private road is located and they shall al
so at the same time assess the damages sus-
tanned by the person or persons owning
+ such lands.
!, Sec. 10. The viewers so appointed, or
a majority Of them, shall make report to
7 the commissioners at their next regular ses-
sion, of the private road so located by them,
and also the amount of damages, if any,
r assessed by them, and the person or per-
sons entitled to such damages and if the
commissioners are satisfied that such report
! is just, and after payment by the applicant
II
damages assessed by the viewers, they
shall order such report to be confirmed,
and declare such road to be private road,
and the same shall he recorded as such, and
, any person, aggricvcd by the assessment of
damages, may appeal, within twenty days
after such confirmation Of the report, TO the
district court, and such appeal shall be
tried as appeals from the assessment of
damages in case Of county roads
, OF THE MANNER OF LOCATING TERRITORIAL
ROADS.
See. 20. Every territorial road to be
hereafter located, shall be viewed, surveyed,
and returns thereof made according to
the provisions of this act, within one wear
from the passage of the act, authorizing
: such road to be laid out, and the width of
all territorial roads shall be sixty feet.
Sec. 2l. The commissioners appointed
? to locate any territorial road, after having
taken an oath or affirmation faithfully to
: discharge the duties Of their appointment,
, shall proceed to view and locate such road,
aud Shall cause the same to be correctly
surveyed and marked throughout, from the
beginning to the end, in the same manner
: veyed and marked, and such commission
ers, or a majority Of them, shall make re-
port, descriptive Of the general face Of the
country, over which such road passes, ac-
companied by q plot of the survey, certified
by the surveyor, which report and plot
shall, within sixty days after the view and
survey, be delivered to the secretary of the
5 territory, to be by him filed and recorded ;
( and within the same period Of sixty days,
t rthey shall in like manner deposit in the office
: of the clerk of the board Of county cohmis-
: sioners of each county, through which such
road passes, report and plot as aforesaid,
: of so much of said road as shall he located
in such county, to be there recorded as
! aforesaid.
(; Sec. %. The commissioners appointed
= to locate any territorial road shall, after
the completion of the survey of the same,
: make out a certified account Of all the SER
, vices rendered, as well by themselves as by
5 the surveyor, and other persons employed,
: charging each county, through which said
' road may have been laid out, proportion
of the expenses, according 70 the number
E of the days employed in such county (; and
the board of county commissioners shall au-
: dit and order the same to be paid out OF
the county treasury.
7 Sec. %. When any person, through
z whose lands any territorial road may be To-
t Gated, shall conceive that he would be in
+ ured by the opening of the same through
bis premises, he may within six months af-
t ter the filing of the report and plot of sur
> vey of such road, in the Office OF the clerk
( of the board of commissioners of such coun-
: ty, make complaint in writing to such com
Y missioners, setting forth such damage, and
s thereupon the same proceedings shall be
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