The Kansas herald of freedom., 1859-04-16
AN ACT
To Esiahlish oeriain Terri,oriai Reads.

AN ACT
To Establish certain Territorial Roads.
Be it enacted By thc G,uernor AMI Legisia.
tue assembly Of tie 7s,ritorycf Kansas:
SECTION l. That Territorial roads. as
described in the following sections, shall
be located according to the provisions Of
this Act; and that the persons whose
names are hereinafter given in connection
with said roads, shall act respectively as
commissioners for that purpose.
SEC. 2. That the roads and commits
sioners shall be as follows from Wyan-
dott to Quindaro, Leavenworth and Atch-
ison to Elwood. Commissioners. Field
ing johnson, E. L. Bertroat and Ell Rus
sci. End, from Quindaro to Shawnee
Commissioners, Abelard Guthrie, Eben-
ezer o. Zane and VIM. A Holmes.
SEC. 3. The threc persons named in
connection with each road, shall act as o
board Of commissioners to locate the
same, under the rules and regulations
hereinafter given, and such board shall, in
all respects, be entirely independent in its
powers of each other boarl erected by
this Act.
SEC. 4. E,ch board Of commissioners
shall meet ON the second Monday in
March next, or as soon thereafter as prac-
ticablc, at the places designated for the
commencement of the road they are to
locate, and having first elected one Of
their mum Der as chairman, and another as
secretary, and been sworn faithfully to
discharge their respective duties, shall
appoint competent engineer, and pro-
ceed TO make a preliminary survey Of
the whole route. Should any commits
siouer be unable to serve as such, he may
designate a suitable person to act in his
place, or to gill any vacancy caused by his
resignation, and should he fail TO dcsig-
nate such substitute, the remainder OF
the board may fill the vacancy with some
suitable person or persons from the same
locality.
SEC S. After the completion OF the
preliminary survey, the board shall pro-
cure the necessary assistants and outfit,
and proceed to locate the road upon the
most direct and practicable route, not less
than eighty feet in wid.h, carefully plant
ing durable stakes or stones in tue exact
middle. and at distances apart not greater
than one bundled ro'ls; and said road
shall be opened and forever remain open
for the p.rposes Of publ, travel.
SEC. q. The whole amount OF expense
incurred by the board in locating their
road, shall not exceed ten dollars per
mile including their own expenses; and
per diem Of three dollars each, FOR each
day spent in actual service. Said board
shall cause to be kept an accurate account
of all expenditures in detail, which ac-
count shall be rendered 10 the comptroller
of the Tyrritory, on the completion OF
their labors, and the comp'oller Of the
Territory shall be authorized aud instruct
ed to audit the same and draw warrants
upon the treasury therefor.
SEC. Z. Said commissioners are author
lied to negotiate with owners OF lands
aud improvements through which the
road NAV pass, for the right Of roadway !:
and all agreements shall be in writing,
and signed by the owner of the lard, and
at least two Of the commissioners and .
minute made upon the record OF the sur
vey. showing the amount Of damage
, claimed il any, and all accounts OF any
damage allowed shall be rendered TO the
tribunal transacting county business for
T the county in which such damages may
be allowed, who shall be authorized and
! required to audit the same ane draw war
rants aitested by the proposed officer upon
, the county treasurer therefor.
SEC. 8. That when. no satisfactory
F.; agreement can be made with the owner
of any lands or Improvements through
Q which any road may be located, the
commissioners shall return record OF the
amount offered BY them to such person, 70
: the tribunal Iransacting county business
$ SEC. 0. Any owner of land, claiming
G damages not allowed by the commission
/; ers by reason Of the operingof any road
!. NAV appeal to the Probate Court Of thu
q county in which said land is located
a Provided, Such appeal be made within
= thirty days after the location Of said road
e and the decision Of said court shall be b
y nal {; and il the damages thus awarded
9 shall exceed the amount offered by th'
,r commissioners, the costs OF the SUIT, 70
y eethef with all damages allowed, shall b
d borne. by the county; but il they shall no
W exceed the amount offered, the costs snal
e, be adiudged against the claimants, an'
till paid, shall stand as a Judgment againi
y his property, the same as though render
er ed in any other suit.
ID SIC 10. Il shall be the duty OF eac
L. board to make a full report Of their pro
,e ceedipss to the secretary OF the Territor!
D, and to the tribunal transacting county ou
.. siness of each county through which tn
10 roads shall pass, and said report shall
\. accompanied by map or char, shown
A the length Of the road, in miles, and IN
he COUNTIES, townships. sections and quartz
! section lines through which it passes.
in SEc. IL. Il shall be the duty OF Il
a several boards Of commissioners, IN ere
be- sting the various roads provided Tor
ed this Act, TO locate the same upon the DC
he possible ground, consistsnt with stra'g
to- and direct lines, avoiding in all cases ma
he inc two or more angles when good sroul
ali for Dad can be had upon direct coul
sts with but one angle.
nj. SEC i2. Upon the receipt o. sala
an. port. i. shall be the duty Of the .conn
IN board Of any county, immedlate,y
cause said road to be opened tnrouSn =
,eh county according to law. ,.
no This Act to take effect aud De IN 10
NV from and after its passage. s4 s
ntv Approved February I'm, ioog,