The Kansas herald of freedom. [volume] (Wakarusa, Kan. Territory) 1854-1860, 1859-02-19

JuooiSO VI WIZ ROoSO.
Sec. 40. Every oyerseer of highways
shall, ON or before the first Monday in No
vember in each year, make out and deliv-
er to the town clerk Of his town, a state
ment in writing. containing a description
of all the real estate taxed, in his tax list,
upon which the taxes remain unpaid, to-
gether with the amount of tax assessed to
each such description of land, and the
names of the owners thereof, if known;
and he shall make and subscribe an affi-
davit thereon, before some justice of the
peace, or other person authorized to ad-
minister oaths, that the taxes mentioned
in such statement remain unpaid. II the
said overseer shall neglect or refuse to
make out and deliver to the town clerk,
such statement as aforesaid, the supervi-
sors, or majority of them, shall, upon ap-
plication of the town clerk, issue a warrant
under their hands, to any constable of the
town, commanding him forthwith to bring
such overseer before them, to show cause
why such statement has not been made as
the law requires. The constable's fees,
for such service, shall be paid by such de-
linquent overseer.
SEC. Al. The town clerk shall, in max
ing out the duplicate assessment roll ofthe
town next thereafter enter such unpaid
taxes therein, opposite to the description
of the land, upon which the taxes so re-
main unpaid; and such taxes shall be COL
lected in the same manner as town taxes
are collected, and when so collected, shall
be paid over as hereinafter provided, for
the use of the district in which they were
originally assessed.
Sec. AZ. 1t shall be the duty of each
town treasurer, between the fifteenth and
thirtieth days of April, in each year, to
notify the overseers of highways of every
road district in his town, which may be
entitled to any moneys in the town treas
ury, accruing from returned highway tax
es in such district, or from any balance re-
ceived from a former overseer; and the
said treasurer shall pay to the order of the
overseer of each such road district, all
moneys in his hands belonging to such
district, for the construction and improve
ment of roads and bridges therein.
Sec. 43. Every overseer of highways
shall, on or before the third Monday in
March in each year, render to the super
visors of the town, an account in writing
verified by his affidavit subscribed thereon
before some person authorized to admin
lister oaths, containing l, The names oil
all persons assessed to pay highway tax
in his district. 2, The amount of tax col.
lected from each such person, and from 9th.
err sources, distinguishing the taxes which
have been paid in labor, from those which
have been paid in money. 8, The amount
of moneys received from the town treasu.
rer, on account of returned taxes on real
estate, or paid into the town treasury by
former overseer in such district. 4, The
manner in which all taxes collected and
received by him have been discussed, and
the particular items of such disbursement
5, A statement of the highway taxes as.
sessed upon real estate in his district
which remain unpaid.
Sec. A. If, upon rendering such account
any moneys shall remain unexpended il
the hands of such overseer, he shall i'm.
mediately pay over the same to the town
treasurer.
SEC. rs. Ifany overseer shall neglect OF
refuse to pay over any money remaining
unekpended in his hands, as required il
the preceding section, it shall be the duty
of the town treasurer forthwith to sue fol-
the same, in the name of his Office, in al
action for money had and received to thu
use Of such treasurer; which money, wher
collected, shall be applied as provided il
the forty sixth section.
Of laying out, altering and disseminating
Highways.
Sec. 46. Whenever any six or NOR,
freeholders residing in any town, shall
wish to have highway laid out, altered
or discontinued in such town, they ma,
make application in writing to the super
visors of the town, in which they reside
for that purpose, and the said supervisor
shall proceed to lay out, alter or discon
tinue such highway, if in their opinion
the public good will thereby be promoted
SEC. At. No public or private road shall
be laid out through any orchard or garden
without the consent of the owner thereof
if such orchard has been set out two year
or more, or if such garden has been cult
waited as such for two years or more; nc
shall any such road be laid out throug
any buildings or any fixtures, or erecture
for the purpose of trade or manufacture.
or any yards or enclosures necessary to tn
use and enjoyment thereof, without tn
consent of the owner.
Sec. 48. Whenever any highway sha
be laid out through any enclosed, improy
ed or cultivated lands, without the conser
of the owner thereof, the damage, if an,
sustained by such owner, in the openin
of such highway, shall be appraised an
awarded as hereinafter provided
SEC 40. Upon application made to th
supervisors for laying out, altering or di'
continuing any highway, they shall max
out notice and fix therein time an
place at which they will meet and decid
upon such application; and the applical
shall, at least FIVE days previous to sue
time, cause such notice to be given to q
the occupants of the lands through whiC
, such highway may pass, which notice sha
be served personally, or by copy left wit
or at the usual place of abode of each o
/, cupant of such lands; and such notice sha
3 also be posted up in three public places
said town, at least ten days before Il
time of such meeting of the supervisor
, every such notice shall specify, as near
e practicable, the highway proposed to
g laid out, altered or discontinued, and Il
7 several tracts of lands through which Il
1 same may pass.
: SEC. So The supervisors, upon beil
satisfied that the notices, required in Il
preceding section, have been duly give
/ proof of which may be shown by affidav
3 or otherwise. as they may require, sh:
b proceed to examine, personally, such hig
q way, and shall hear any reasons that M
s be Offered for or against laying out, alts
i ing, or disseminating the same, and shl
n decide upon the application as they shi
deem proper.
: SEC. 81. Whenever the supervisors shi
d Jay out alter, or discontinue any highws
: they shall cause an accurate survey theI
v of to be made when necessary, and tn
= oha1l -, Oh "a ont q laScrs ntsor sc Al. IL