, 1854-05-20

such part thereof as the commissioners may
think proper, shall be paid to the petition
ers.
Sec. III Any complainant, who may
conceive himself aggrieved by the assess
ment Of damages, as prescribed by the last
two sections, may, within twenty days after
such report is adopted by the commission
ers, appeal therefrom to the district court
Of the proper county, such appeal shall be
tried in the district court, in the same man
ner as appeals from justices Of the peace,
and IL the appellant shall fail 70 recover a
Judgment more favorable than INC report
appealed from, he shall pay all costs>e the
appeal.
Sec. 70. When the report Of the view
ers appointed to view and lay out, alter or
vacaie any road, shall be confirmed and
adopted, and the damages assessed and de-
termined, if any shall be ordered by the
commissioners to be paid, they shall order
such road to be laid out, altered or vaca-
ted, according to the report Of the viewers,
and may if they deem it necessary forth
with issue an order, under the seal OF the
board of commissioners, to some skilltul
and competent surveyor, directing him
forthwith to survey said road as located
and marked by the viewers aud such sur
veyor shall take TO his assistance two
chain-bearers and one marker, and proceed
TO survey such road and cause the same to
be conspicuously marked throughout, no
ting the corners and distances, and ut the
end of each mile, shall cause the number OF
the same, and also the commencement and
| termination Of said road, or survey, to be
marked on a tree or monument erected for
that purpose and he shall make out q cor
rect and certified return Of the survey OF
said road, and plot of the same, and de-
liver said return and plot to the commls-
sioners or their clerk, on or before the day
of their first regular meeting, next ensuing
after the date of the order of the survey OF
said road, and he shall also furnish at the
same time a true and certified account OF
the time necessarily employed in making
such survey; and the board of commission
ers shall Immediately thereupon direct or.
ders to be drawn on the county treasurer
for the payment of the same, allowing the
surveyor six dollars for each day necessa-
rily employed in the survey, and making
the return and plot, and the chain-bearers
and markers each three dollars, for every
day necessarily employed by said surveyor,
in the survey Of said road.
Sec. l3. Upon receiving the return
and plot of any road, the commissioners
shall order the same to be recorded in u
book, TO Ike kept for that purpose, and from
thenceforth said road shall be considered a
public highway, and the commissioners
shall issue their order directing the same to
be opened and all county roads shall be
sixty feet in width, unless the commissions
ers shall, upon the prayer Of the petitioners
for the same determine on less number Of
feet in point Of width.
Sec. IA. When the place Of beginning
or true corner Of any public road shall be,
come uncertain, by reason of the removal Of
any marked tree or monument, by which
such road was designated, or from any 9th
er cause, the board Of commissioners of the
proper county may appoint three disinter'
ested householders of the county to review,
and if they deem it necessary, to straightcn
such road and the reviewers shall cause
the said road to be correctly surveyed and
marked throughout, as in case Of new
roads, and shall make return Of the sur
vey, and plot of-such road, to the commits
sioners Of the proper county, who shah
cause the same, if approved by them, to be
recorded as in other cases; and thencefortll
such road, surveyed as aforesaid, shall be
considered as the public highway.
Sec. Is. If any person or persons,
through whose lands any public highway is
or may be established, shall be desirous Of
turning such road through any other part
of his or their lands, such person or per
sons may, by petition, apply to the com
missioners of the proper county, to permit
him or them to turn such road through any
other part Of his or their land, on as good
ground, and without materially increasing
the distance, to the injury of the public
and on the receipt Of such petition, accom-.
panied by sufficient bond or undertaking
to pay the costs and expenses to be incur
red thereby, the commissioners shall ap
point three dsinterested householders as
viewers, and surveyor, who, or a MAORI
ty of such viewers, shall proceed to view
the ground over which the road is proposed
to be turned, and ascertain the distance
such road will increased by the proposed
alteration, and made out a report in wri'
ting, stating the several distances SO found,
together with their opinion as to the utility
of making such alteration and if the
viewers, or a majority of them, shall report
to the commissioners, that the prayer ol
the petitioner or petitioners, is reasonable,
and that the proposed alteration will not
\ place the road on worse ground, or mate
rally increase the distance to the injury ol
the public, they shall order the same to be
so altered and upon receiving satisfactory
evidence that the proposed new road has
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