The Kanzas news., 1859-03-19

by such owneF.o ia the opening of such
highway. shall be appraised and awarded ss
hereinafter previded.a8 DAFT X = .vtanoa
Sec. 4s. Upon application made % the
supervisors for laying out, altering or dis
continuing any highway. they shall, make
out netice and 6x therein time and place
at which they will meet and decide upon
such applieatieni and she,spplieant shah. ssts
least FIVE days previous 70 such time, cause
such notice to be given 70 all The occupants
| Of the lands through which such highway
| may pass. which a6tice shah be served per-
| sonally. lor byscupy left with, orsat tie ussi-
al plaes of abode of each occupant Of such
lands; and such notice shall also Be posted
UP In three public places in .said town. At
least ten days before the time of such meet
] ing Of she supervisors: every such notice
shall specify. as near - pracsicabls. the
highway proposed to be laid out. silerediers
discontiuned, and the several tracts of lands
through. which the same may pass. i.
/ Sec: 90. The supervisors, upon being sat
isfed that the notices. required n ths pres
ceding section, have been duly giseng proof
of which may be shown0by afidayits or
otherwise. as they may require. shall proceed
to examine, personally, such highway. and
shall hear any reasons that may be offered
for or against lying out. altering, or discoa-i
tinuing the same, and shall decide upon the
application as they shall deem proper. r.gia =.
Sec. 81. Whenever the supervisors shall
| lay out, alter, or discontinue any highway.
they shall cause an accurate survey thereof
| to be made when necessary, and they shall
| make out description Of the highway so
laid out, altered, or discontinued. and in.
| ~ f,
by them, and shall cause such order to be
fled and recorded in the Office of the town
clerk, who shall note the time of recording
the same in the record. s,s strf5 uFtlgr
Sec. 50. Upon the laying out or altering
of any highway, if damages shall Be claim
ed therefor by any owner through whose
land the same shall be laid, the amount of
such damages may be determined BY agree
ment between the supervisors and such OWL
ers; every such agreement shall be reduced
to writing, and signed by such owner and
the supervisors, and fled in the town clerks
Office; and every such agreement, and every
release of damages given, shall forever pre-
clude such owner from all further claim for
damages.
4 Sec. 53. If any owner of lands through
which highway shall be laid out or al
tered by the supervisors shall not be satis-a
fed with the sum. offered for damages by
such supervisors, OF if no sum be offered,
he may, within thirty days thereafter, apply
to the justice of the peace of the same or
an adjoiuing town. for q jury to assess and
applaise such damages, which application
shall be in writing, .deseibing the premises,
and any number of persons, claiming dam
ages on account of such highway, may
Join in such application; the supervisors of
such town shall have at least six days mo-
tice of the time and place of such meeting.
| Sec. 81. Amy persons applying for q jury
as mentioned in the preceding section, shall;
by himself or agent, execute to the super
visors of the town, and file with the justice
bond with one or more sureties, TO be APP
proved by such justice, conditioned to pay
all costs arising from such appeal and ap-l
praisement of damages, provided such jury
shall not award larger amount of damages
than was offered by the supervisors of The
town; or in case tile supervisors shall not
have made any offer of damages, then con-
ditioned to pay all such costs if the jury
= shall not award any damages .=a -
Sec. SIS. Upon the fling of such bond,
the justice shall issue precept TO some
constable of an adjoining town, neither in
terested nor of kin to any person through
II whose land such road is laid, directing him
to summon five disintereste1 freebolders Of
his town. not of kin to the owner or occu-
pant of such land, to meet at a time aud
place to be specified in such preeept, to ap-
! praise the damages sustained by the laying
out or altering of such highway. posL Z oH
: Sec. 56. AT the time and place appointed
for the appearing of such jury, they shall
, be sworn by the justice, Justly and impair
{ tally. to make such appraisal, and shall pro-
= ceed to view such highway, and hear the
statements and PROOF of the parties if thew
deem necessary: and they shall make re-
, turn of their appraisal to the justices which
= shall be certified by such justice, and fled
: with the town clerk; and if the amount of
; the appraisal by such jury shall exceed the
amount offered by the supervisors. or in
F case no sum shall have been offered BY the
!. supervisors, then if the jury award any
! damages, the costs and expenses shall be
paid By the town; but if the jury shall not
/ award any damages, or more than was ofaI
i fered. the costs and expenses shall be paid
, by the applicant. s. srre. fa-es- -s-.sa :,
Sec. 81. Each person duly summoned.
!. who shall attend as 3 juror. shall be allow
led six cents mile for each mile necessarily
; travelled from his place Of abode to the plses
of meeting, and fifty cents for his services
on such jury; and the justieel shall be en-
titled TO one dollar for his feas.o Lsss sss1a
Sec 5s. AL damages consequent upon
laying out or Altering any highway. as fnsl-
/ Ily settled upon, pursuant to the provisions
of this chapter. and all lawful charges
!, against town for the services of any jHry
I'm the assessment Of damages, OF Tor the I
lfees of any justice or eonstahe pIoylded
for in this chapter. or for the services of
lany commissioners eppointed N The man
ner herein peo7idsds shall be laid besoFs ths 9
.ltown board to be audited and the amount