The Kanzas news., 1858-08-14
: EMPORIA, KANSAS AUGUST Il 1858.

person demonstrating, if any; whereupol
such Board shall determine whether tn
damages assessed are greater than the utili
ty of the proposed highway or change; ana
if they shall be Of opinion that the praye
of the petition shall not be granted. they
shall direct the auditor of such county &
notify the auditors of the other counties in
terested thereof, THEREIN, and continue far
ther proceedings in the premises until th,
next term thereafter; but if they shall be o
opinion that the damages should be paid
and the prayer of the petition granted, they
shall direct such auditor to notify the audi
tors of the other counties interested, of tn,
amount of such damages, and shall coutinu.
farther proceedings to the next term there
after. 3 - -
SEC. IL. That If more freeholders resid
ing along the highways proposed TO be loea
led or vacated, or change to be made, than
those of the same county, petition ling
therefor, demonstrate against granting the
prayer of such petition. and shall direct the
auditor of such county, to notify the audi
tors of ali other counties interested thereof
lthereinI and continue farther proceedings
In the premises until the ensuing term.
SEC. f2. That at the next term after the
reception of notice [ofl any remonstrance
and the proceedings thereon, the auditors oi
such counties shall lay the same before their
respective Boards of Commissioners, who
shall determine whether the prayer of the
petition ought to be granted, and shall noti-
fy the auditor of each county interested
thereof, THEREIN and if the Board of Com
missioners of majority of such counties,
decide in favor of such petition at the term
of such Board when the same is ascertain
ed, such highways shall be declared located,
vacated or changed, and such supervisors
notified as hereinbefore provided; ard all
damages declared assessed shall be paid equl-
iy by Ihe counties interested, and if such
reviewers shall fail to assess any damages.
the person asking the same shall pay The
costs of such reviews.
Sec. IS. That such commissioners ap-
pointed to examine such highway, and such
reviewers shall receive each two dollars for
every day they may be necessarily employ
ed, and such surveyor, chain carriers and
markers, shall receive such compensation as
the Board of county commissioners, where
such petition is first fled, shall deem reason
able, to be paid equally by each county in
terested.
SEC. ID. That whenever highway is To-
Gated, vacated or changed, the order there
for shall be entered on the record in the or
der book of the Board of Commissioners of
each county interested. in which county,
such highway or change thereof, stalI be
particularly described by course and distance
OF ROADS RUNNING IN BUT ONE COUNTY, AND
THROUGH MORE THAN ONE TOWNSHIP
HIGHWAYS AND CHANGES AFFECTING BUT
ONE COUNTY, AND MORE THAN ONE TOWN
SHIP, TO BE COUNTY ROADS. az
SEC. 5. That whenever twenty freehold
ers of the county. six of whom shall reside
In the immediate neighborhood of the high
way proposed to be located, vacated, or of
the change to be made, shall petition the
Board of Commissioners of the county in
which such highway is situated for the To-
cation, vacation or change of any highway,
such location, vacation, or change running
only in one county, and more than one town.
ship, such Board. if they shall be Satisfied
that notice of such application has been
given by publication three weeks success
lively in newspaper published in the coun-
ty, or by posting up notices in three Of the
most public places in the neighborhood of
such highway or change, at least twenty
days before the meeting of the Board at
which such petition is to be presented, shall
appoint three persons to view such highway
SEC. 16. That the auditor of such coun-
ty shall issue precept to the sheriff there
OF, commanding him to notify such view
ers OF the time. place and object of their
meeting, and such viewers. at such time and
place, after having taken an oath before some
officer authorized to administer oaths to
faithfully perform their duties, shall pro-
ceed to view the highway or such change,
and if they shall deem the highway to be
located, or the change to be made of public
utility, they shall lay out and make the
same on the best ground, not running thro'
any persons enclosure of one years stand
ing, without the owners consent, unless
upon examination a good way cannot other
wise be had. Provided, that where the
road is laid out upon the line dividing the
land OF two individuals, each shall give half
the road.
SEC. IL. That such viewers, or MAORI
ty OF ;hem, shall make report of their
proceedings at the next ensuing session of
the Board of Commissioners of the county
In which such location. change or vacation
may be made. giving full description of
such change or vacation by routes and
bounds, and by its course and distance, ex-
cept that in case of the vacation of road
or any part thereof, such description only
as will designate it clearly shall be required,
and in such case copy "f the order vaca-
ting such highway shall be transmitted by
the auditor to the trustees of the township
IN which such vacated highway is situated,
who shall cause the supervisors thereof to
be notified accordingly.
SEC. l8. That if no objection be made to
such proposed highway. vacation or change,
such Board shall cause record thereof to
be made. and shall order the same to be open
ed and kept in repair, which order shall be
to the trustees of the town shins