The Kanzas news., 1859-03-19
:. silsI Dut 10 or altered sny public HIGHWAY.

have laid Out or altered any public highway,
through any enclosed, cultivated or improv-
| ed lands, and their determination shall not
have been appealed from, they shall give
the ovner OF occupant of such lands notice
| in vFitn9. torerove bis fences within such
time as they shall deem reasonable, not less
than thirty days after giving such notice;
but no person shall be required 10 remove
such fence between the first day of April
and the 6Fst dayvof November in any year;
and il such owner or occupant shall hot re-
move his fences within the time required
in such notice, the supervisors shall cause
such fences 10 be removed, and shall direct
such road to be opened; but if the deter
ninatien Of the supervisors shall be appeal
ed from, then such notice shall have been
given after the final decision Of such appeal.
Sec 70. Every public highway already
laid out, no part of which shall have been
opened snd worked within four years from
the time of It's being, so laid out. and every
such highway hereafter to be laid out, no
part of which shall be opened and worked
within the like period, shall cease to be
considered as public highway: and all
public highways now in use, heretofore laid
out and established pursuant to law, and all
roads not recorded, which have been used
as public highways twenty years or more,
and all roads not recorded. which shall here
after be used ten years or more, shall be
deemed public higl ways.
Sec. II. When any highway shall be
discontinued, the. same shall belong to
the owner or owners of the adjoining
L. ~ - IL Ill IL
lands of two or more different owners, il
shall be annexed to the lots to which ii
originally belonged. if that can be ascer-
tanned; if Lot, it shall be equally divided
between the owners of the lands on each
side thereof.
Sec. 78. If any discontinued highway
shall be set to tract OF land through which
a new highway shall be laid out. the same
may be taken into consideration in estina-
ting the damages sustained by any person
owning or interested in lands, by reason OF
laying out or altering any highway, the
benefits which such person may receive
thereby, shall be taken into consideration
Sec. 79. All United States and Terrific
railroads, and all State roads which shall
hereafter be laid out, shall be opened and
worked the same as other highways; and
whenever any such Territorial or State road
shall be laid out through enclosed, improv-
ed or cultivated lands, without the consent
of the owner, the damages claimed therefor
may be determined by agreement between
the commissioners authorized to lay out
such road, and the owner: or the same pro-
ceedings may be had for the appraisal and
collection of damages therefor, as if such
road were laid:out under the provisions of
this chapter. provided application for jury
to appraise such damages shall be made
within thirty days after the return of the
commissioners establishing such road shall
have been filed in the office of the clerk of
the board of supervisors of the county
where such damages are claimed
Sec. 80. The supervisors of each town
through which any United States, Terrific
rial or State road shall pass, may alter the
same within the limits of their town, in the
same manner they are authorized to alter
other highways, but they shall not dis
continue or Obstfuct any such road
Sec. 81. Whenever any road specified in
the preceding section, shall be altered as
therein provided, any person coneeiving
himself aggrieyed by such alteration, may
appeal from the decision of such supervi-
sors, within thirty days thereafter. to the
county board of supervisors of the same
county, upon filing with the town clerk OF
the proper town, bond, executed to the
supervisors of such town, with sufficient
sureties, to be approved by such clerk, con-
ditioned to pay all costs arising from such
appeal, provided the determination. of the
town supervisors, in altering such road,
shall not be reversed; and the said board
shall hear and determine such appeal; and
if the determination of the town supervisors
shall not be reversed, the appellants shall
pay such costs; but if the same shall be re-
yersed, then the town where such road
shall be SO altered, shall pay the same.
OF INSTRUCTIONS TO HIGHWAYS. ENcRoAcH.
AEETs THEREON, AND PENALTIES.
Sec. g. Whoever shall wifullF obstuct
any highway. or fill up, or place any OBJ,
struction in any ditch constructedfor drain
ing the waler from any highway. shall for
felt for every such offence sum not ex-
eeeding twenty-five dollars; and the over
seer of the proper district shall cause such
obstruction Immediately to be removed.
Sec: 50. Ih'every case where highway
shall have been laid out and opened, and
the same has been or shall be encroached
upon by any fence, building. or other fix
ture, the supervisors shall make an order
under their hands, requiring the occupan
of the land through or by which such high
way runs, and to which such fence, build,
ing or other fixture shall be appurtenant, tc
remove the same beyond the limits of such
highway. within thirty days, and they shal
cause a copy of such order to be served up
on such occupant: and every such ordel
shall specify she width of the road, the ex
tent of the encroachment. and the place OIL
places in which the same may be, with rea
sonable certainty.
Sec. "a. If the fence. building, or othe
fixture causing such eneroachment, shall no
be removed within thirty days after the ser