The Kanzas news., 1858-08-14

the same, and assess tie damages, If any,
which such person sustains by reason of
the running of such highway or change
through his lands:
SEC. 32. That stich reviewers, after hav-
ing been notified of their appointment. as
IN the case of the appointment of viewers,
and after having taken an oath to faithfully
perform their duties, shall proceed to exam
Inc such highway or change, at q time to be
hxed oy such trustees, and shall report their
proceedings to such trustees. =
SEC. 80. That If such reviewers assess
damages. and such trustees consider that the
road Is OF sufficient Importance, they NAV
order such damages to be paid oit of the
township treasury, or if no damages be as
sessed, they may order such highway or
change to be opened and kept in repair; but
If such damages be greater than the utility
[ofl the highway or change, such petition
shall be dismissed at the cost of the netition
ersl presenting the same.
SEC. 81. That any person may put swing
ing gates on ali township highways, on his
own land, under such regulations as such
trustees shall prescribe, but in such case he
shall keep the same IN condition to be
opened by persons on horseback; and any
person leaving such gate open, for every of
fence shall be liable to fine of one dollar.
to be recovered before justice of the peace.
SEC. 35. Such township roads NAV be
vacated under the same regulations. as to
the petition notice, and appointment. and
viewers, and assessment of damages. as is
provided IN case of laying out such highway
SEC. SO. That appeals may be taken by
any person aggrieved to the Board of Com
missioners of such county, upon filing a.
bond with surety and penalty, to be approv-
ed by such township clerks. conditioned for
the due prosecution of such appeal, and the
payment of costs, if costs be adiudged
against him. such bond to be fled within
thirty days after such decision is made.
SEC. 81. That after the determination of
such appeals, such Board shall cause the au-
ditor to notify such trustees thereof, who
shall conform thereto.
GENERAL PROVISIONS CONCERNING HIGHWAYS.
SEC. 38. That every county road shall be
seventy feet wide, and every township road
shall be forty five feet wide.
SEC. 80. That public highways establish
ed on a county or township line, shall be
opened and repaired by the supervisors of
the proper road districts on each side there
of, and by the joint labors of the hands in
each of such districts, in each county or
township - = .
SEC. 40. That whenever any public high
way shall have been laid out through enclos-
ed land, the supervisor shall give the occu-
pant of such lands, or the owner, if resi-
dent of the road district, six days notice in
writing TO remove his fence; but such owner
or occupant shall not be compelled to move
such fence between the first day of April
and the first day of November, and if such
fence is not removed pursuant to such no.
tice, such supervisor shall cause the same
to be done.
SEC. al. That if the owner or occupant!
sSall not have been allowed damages for the
laying out of such highway upon his land.
the supervisors shall give the person ie-
moving such fence, credit on his highway
tax for any amount that the supervisor shall
deem just
SEC. 42 That every public highway al
ready laid out, or which may hereafter be
laid out, and which shall not be open and
used within six years from the time Of its
being so laid out. shall cease to be high
way for any purpose whatever; but if any
district Iorl part thereof shall have been
opened and used within six years. such part
shall not be affected by the provisions of
this sectiun, HOr shall this section be ap-
piled 10 streets and alleys in any town;
Provided, however, that the trustees shall
decide that public necessity does not re-
quire such road kept open, which decision
shall be recorded by the auditor. whereupon
said vacated highway shall vest in the right
full owner, who may have the title thereof
according TO law, of the property on each
side of such highway.
S SEC. 45. That in all applications for The
location, change, or vacation of any public
highway, actual settlers upon public lands
in any county in this Territory. shall have
and possess all rights in this act granted to
freeholders.
SEC. a.. That all public highways which
have been. or may hereafter be used as such
for twenty years or more. shall be deemed
public highways.
SEC. IS. That the township Board of any
township, on petition of any individual de,
string 70 plsnt hedge on his land. sdjoin-
ing public highway, may grant such indi-
sidyal the privilege of placing his fence
seven feet on such highway; Provided said
fence will not be an obstruction TO such
highway.
SEC. 46. That said commissioners be and
are hereby authorized to negotiate with the
General Government or its agents, f'r the
right of way of any roads which may be
located through any of the Indian Rsserva-
sions, and any damage accruing to the Gov
ernment or Indians, shall be paid for in the
same manner rs provided when such roads
pass through the lands of citizens of this
TerritorH
All acts and parts of acts in conflict with
the provisions ef this Act, be and the same
are hereby repealed.
This Act shall take effect and be in force
from and after its passage.
(Siened. G. w. DEITZLER.
:. .SDeaker Of Hozse of Representatives.
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