The Kanzas news., 1858-08-14

freeholders as reviewers, and assign a day
) and place for them to meet. :.
: SEC. 90 That such reviewers having Eve
days notice TO be given by the party re.on-
: strat;ng. shall meet at the t:fhe and place
designated, and take an oath faithfully to
discharge the duties assigned them, and
shall then, or on any day to which amaor-
ity may adjourn, prior to the next session
, of such Board, proceed to review the pro-
posed highway. and assess the damages.
il any, which such obiector may sustain
from such highway or change being opeRed,
vacated or continued through his latds,
!, and shall report the same to the ensuing
session of such Board. d
4 SEC. 2I. That if majority of the re-
viewers assess aud report damages in favor
of the objector. and the Board shall eonsid-
Il the proposed highway, vacation or change,
to be Of sufficient impol lance to the public,
they shall order the costs and damages to
b. paid out of the county treasury, but if a
majority report against the claim for DANA
ges, the objector shall pay the costs. and
when payment of damages is made as here
in provided. such highways shall be recor-
ded and ordered TO be opened and kept in
repair as hereinbefore provided, after notice
to the proper trustees.
/ SEC. 22 That if it shall be made TO ap-
pear to the Board that the damages assess
ed are unreasonable, they may set aside such
assessment and order another review, under
the same regulations as provided in casa of
the first review.
SEC. 23. That if any twelve or more free
holders residing in such county, along such
proposed highway, vacation or change. shall
object to the same, at any time before final
action thereon, as not being of public utili
ty, other viewers may be appointed, who
shall proceed on day to be by them desig-
mated. after having taken an oath faithfully
to discharge the duties assigned them, to
examine the proposed highway, and shall
make report to such Board at their next
session, whether or no, in their opinion, the
said highway, vacation or change win be of
public utility. 8
SEC. "a. That if majority of the view
ers last named report against the public util
ity of such highway, the same shall not be
established. unless the petitioners will open
and maintain the same at their own expense;
but If they report favorably thereto. the OBJ
jector shall pay the costs of the review, and
the highway shall be recorded and ordered
TO be opened and kept in repair, but in no
case shall a highway be opened, vacated or
change be made, if majority of the free
holders residing along such proposed high
way, or along such change, or along a hi Oh
way proposed 10 be vacated, shall remon-
straIe against the same.
SEC. 25. That no such highway shall be
opened, worked or used, until The damages
assessed therefor, shall be paid to the per-
son entitled the retO, or deposited in the coun
ty treasury for their use. or they shall give
their consent in wririug, filed with the audi
tor of such county.
/ SEC. 26. That any person aggriered by
any decision of any Board of. Commission
ers, may appeal tberefrom to the Probate
! Court of such county, upon his filing a bond
with surety and penalty, to be approved by
the auditor of such county, conditioned
for the due prosecution of such appeal, and
the payment of costs, if costs be adjudged
against him; and in case proceedings may
| be had In more than one county, condition
ed for the due prosecution Of such appeal,
and the payment of costs, if costs be ad-
Judged against him; and in case proceed
ings shall be had In more than one county,
the auditor of such county, on being mott
fed of such appeal, by the auditor of the
county in which the appeal is taken, all the
proceedings In such county; and Upon the
determination of such appeal, such clerk
shall notify the auditors of all the counties
interested thereof Therein.
HIGHWAYS AND CHANGES AFFECTING BUT ONE
TOWNSHIP, TO BE TOWNSHIP ROADS.
SEC. 81. That any person may have
highway laid out, or change of highway
in any township. on the petition therefor of
twenty freeholders residing in such town
ship, six of whom shall be of the immedi-
ate neighborhood of such proposed high
way or change, to the trustees of such town
ship, after having given twenty days notice
thereof, by posting up written notices in
three of the most public places in such
township.
SEC. go. That such trustees, on being
satisfied of the suficiency of such pet ton.
and notice thereof, shall appoint three disin
terested residents of the township to run
such proposed highway or change, and the
township clerk shall direct constable of
such township, to notify such viewers of
their appointment. and in such notics to
state the time and place of their meeting,
and brief description of the proposed
highway or change shall be given, which
notice such constable shall Aerve on such
viewers.
SEC. 99. That at the time and place de
signated. such viewers shall meet, and hav-
ing taken an oath before some officer author
ized to administer. oaths, to faithfully per
form their duties as such viewers. they shall
proceed to examine such proposed highway
or change. and make report in writing at q
time TO be fixed in their appointments, to
such trustees. in which report they shall
state whether such highway OF change Is a
work of public utility. and if so they shall
describe the highway or change by course
and distance. =
SEC. 80. That such trustees, If such re-