The Kansas herald of freedom., 1859-04-16
Ieffitcfiai Ians.
AN ACT

Be IL enacted By The Governor and Legisla-
tue Assenatly Of the 7erritoryc Of Kansas::
SEcTIoN 1. That eleven Territorial
Roads, as described in the following sec.
tions, shall be located according TO the pro.
visions Of this Act, and that the persons
whose names are hereinafter given in con-
nection with said roads, shall act respect
| lively as commissioners for that purpose
SEC. 2. The roads and commissioners
shall be the following, to wit: 1st. one
from Elwood to Marysville by way of
Wathena. Commissioners, John S,arwalt,
Weslly Bolin, of Elwood Elwin Miller,
of Albany. I'd, one from L,avenworth
to Fort Riley by way of Grasshoper Falls
and Manhattan. COMMISSIONER Lyman
Scott, of Leavenworth James Ffasier, OF
Grasshopper Falls Dr.. L. r. Palmer. Of
Pottawatom!e county. 81, one from
Atchison to Superior by way of Grass
hopper Falls and Topeka Commission
ers, Willis L Gaylord, Rober, Riddle, of
Grasshopper Falls; Marmaduke Rambo.
4th, one from Leavenworth to Burlington
by way of lawrence, Minneola and the
Sac and Fox Agency. Commissioners, j.
B. Stockton, Of Leavenworth City; Perry
Fuller, B. L. Kipgsbury. 9Th, one from
Leavenworth to Fort Scott by way of
Olathe, Spring Hill. Paola, Paris and
Mound City. Commissioners, Nelson Nc
Cracken, Of Leavenworth Charles Clark,
of Linn county; G. w. Miller, of Lykins
county. 9th, one from Quindaro 10 SI-
lima by way of Lawrence and Topeka.-
Commissioners, O. B. Gum, Robert Nor
row, w. A. Phillips. 7th, one from Law
renee to Emporia by way Of Clinton, Twin
Mound and Superior. Commissioners, G.
w. Deiiz!er, Abraham Leonard, P. b.
Plumb. 8th, one from Wyandott, south
west towards Santa Fe one hundred and
fifty miles. Commissioners, j. NJ. Win
chell, John T. Barton, Arthur j. Baker.
: 9th. one from Fort Scott to the Smoky
Hill river, at or near the junction with
S1lomon's Fork, by way of Leroy, Bur
lington, Ottumwa and Emporia. Com
missioners, j. NJ. Elliott, j. Ii. Watson,
! William R. Griffith. 10Th, one from the
J Big Blue river, running west on the first
standard parallel, to the Republican river
Commissioners, Hugh Bay, Of Atchison
G. w. Culon, Eli Hamilton. 1lth, one
road from Leavenworth City TO the line
of Nebraska Territory, on the line of the
best and most direct route leading to Fort
Keamey. Commissioners. Geo. D. Pearce
of ofMarysville; John P Nichles, of Lea
I venworth; Henry Mckee of Lsaven.
, worth.
SEC. 8. The three persons named in
connection with each road, shall act as
board of commissioners to locate the same
Q under the rules and regulations herein.
after given, and each board shall, in al
= respects, be entirely independent in ii
powers of each others board erected b!
this Act.
p SEC. 4. Each board of commissioner
b shall meet on the second Monday il
, March next, or as soon thereafter as prac
ticable, at the place designated for th'
commencement of the road they are Il
locate; and having first elected one o
"a retary, and been sworn faithfully to dis
charge their respective duties, shall ap
: point competent engineer and procee,
n to make a preliminary survey of the Who'll
. route. Should any commissioner be una
A BILE to serve as such, he may designate
suitable person to act in his place, or I
. fill any vacancy caused by his resignation
and should he fail to designate such sub
siitutes, the remainder of the board ma
!, fill the vacancy with some suitable perso
or persons from the same locality.
~ SEC. 5. After the completion ofthe pre-
liminary survey, the board shall procur
is necessary assistants and outfits, and pre-
ceed to locate the road upon the most di
rect and practicable routes, not less tha
eighty feet in width, carefully plantin
'e durable stakes or stones in their exat
l. middle, and ct distances apart not great,
m than one hundred rods; and said roa
:, shall be opened, and forever remain opel
" for the purposes Of public travel.
- SEC. @. The whole amount OF expenI
incurred by this board, in locating the
IS road, shall not exceed ten dollars per mil
including their own expenses, and p
diem Of three dollars each. for each da
spent in actual service Said board sha
cause to be keptan account Of all expel
o. ditures in detail, which account shall
We rendered to the comptroller of the Ter
IN tory on the completion of their labor.
ne and the comptroller of the Territory sha
ID be authorized and instructed to audit ii
Oh same, and draw warrants upon the Trea
Ns ury therefor. ~
no SEC. Z. Said commissioners are anthc
lat iEed to negotiate with the owners Of Ian
ne and improvements through which &
%, road may pass, for the right Of roadwa,
nd and all agreements shall be in writir
"a and signed by the owner Of the land, a
AN at least two of the commissioners, and
e's minute made upon the record of the s,
10 vey, showing the amount Of dana
nat claimed, If any and all amounts Of a
IN damages allowed, shall be rendered to I
wn tribunal transscting county business
N the county in which such damages m
be allowed, who shall be authorized a
sas required to audit the same. and dr.
IN warrants, at'ested by the proper offic
run upon the county treasurer therefor.
les, SEC. s. That when no satisfacis
me agreement can be made with the owl
siii Of any lands or improvement throu
nat which any road may be located, the co
nj missioners shall return record of {
!. amount offered by them to such pers
to the tribunal traDsactipg county busin'
tue ,e Ssc. 0. Any owner Of land claim
ns, damages not allowed by the commissi
-. ers, By reason Of the opening Of any 70
,oss may appeal to the District Court of
80 county in which said land is locat'
!, ), Poouided, Such appeal be made wit
thirty days after the location Of said re
and the decisions Of said court shall
final and II the damages thus awar
ap- shall exceed the amount offered BY
ess, commissioners. the costs Of the suit
ted, gether with all damages allowed, shai
nti. borne by the county but II they
not exceed the amount offered, the
shall be adjudged against said el .in
J. be and till paid, shall stand as jndgn
hen against his property, the same a. INC
= :. randi ar,1 In a n<r other euit