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

f November and the first day Of April,
lnless the same shall have been made
within three months next before the
making ofNthe order of the removal
hereof.
SEC. 81. If any tree sha,l fall, or DO
felled, by any person, from any occupied
land into any highway, any person may
give notice to the occupant of the land
from which such tree shall have fallen,
to remove the same within twenty-four
hours; and if such tree shall not DO re-
moved within that time, but shall con-
tinue in such highway, such occupant
shall forfeit the sum Of fifty cents for
every day thereafter until such tree shall
be removed; but the amount so forfeited
shall not exceed ten dollars for one tree.
SEC. 80. In case any person shall cut
down, or fall any tree on enclosed land,
not occupied by him, so that it shall
fall into any highway unless by the
order or consent of the occupant, such
person shall pay to the occupant. Of such
land the sum of one dollar for every
day the same shall remain IN such high
way, together with all damages which
such occupant may sustain; but the
amount so to be recovered shall not
exceed twenty dollars for one tree.
Of the Erection, Repairing and Preservation
of Bridges.
SEC. SO. Whenever it shall appear TO
the board of supervisors of any county,
that any one of the towns in such county
would be unreasonably burthened, by
erecting or repairing any necessary bridge
or bridges in said town, such board of
supervisors may cause such sum to be
raised and levied upon the county as
will be sufficient to defray the expenses
of erecting or repairing such bridge or
bridges, or such part of such expense as
they may deem proper; and such moneys,
when collected, shall be paid to the town
treasurer of the town in which the same
are to be expended, to be applied by
the supervisors Of such town to the
purposes for which the same were raised.
SEC. 81. The supervisors of any town
may put up and maintain, at the ex-
pense of their town, in conspicuous places
at each end of any bridge in such town,
maintained at public charge, and the
length of whose span is not less than
twenty-five feet, notice, with the fol-
lowing words in large characters: Zone
dollar fine for riding or driving on this
bridge faster than walk"
Sec. 80. Whoever shall ride or drive
faster than walk on any bridge upon
which such notice shall have been placed,
and shall there be, shall forfeit for every
such offence, the sum Of one dollar.
SEC SO. Whoever shall wilfully iniure
any bridge maintained at the public
charge, shall for every such offence,
forfeit treble damages; and he may be
indicted and punished as provided by
law.
Miscellaneous Provisions Of a General Nature.
Sec 81. If any damage shall happen to
any person, his team, carriage, or other
property, by reason of the insuffiency or
want of repairs of any bridge, or sluice-
way, or road in any town in this Terri
tory. the person sustaining such damages
shall have right to sue and recover the
same against such town, in any court
having Jurisdiction thereof; and if such
damages shall accrue by reason of the
insuffiency or want of repairs of bridge
erected or maintained at the expense of
two or more towns, the suit shall be
brought against all the towns liable for
the repairs of the same; and, npon re-
covery of judgment, the damages and
costs shall be paid by such towns in the
proportion in which they are liable for
such repairs; and the court may, in its
discretion issue execution against each
town for its proportion only.
SEC. SO. If any such bridge, or sluice-
way, or road, shall have been out of re-
pair in consequence Of the neglect or
default of the overseer of highways, of
the district in which the same may DO
situated, then the town against which
any judgment shall have been recovered
by reason of such defective bridge, or
sluicewsy, or road, may bring an action
against such delinquent overseer, and
recover the amount of such judgment.
SEC. 80. All trees standing or lying on
any land over which any highway shall
be laid out, shall be for the proper use
of the owner of such land, OF person
otherwise entitled thereto, except such
Of them as may be requisite to make or
repair the highways or bridges on the
same land, or within one mile of the
same; but no trees reserved for shade or
ornament, shall be used for such purpose.
SEC. 100. Any person owning or occu-
plying land adjoining any highway, may
plant or set out trees on each side Of said
highway contiguous to his land; which
trees shall not be set in the highway
more than ten feet from the margin there.
of; and if any person shall cut down,
| destroy, or injure any tree that may have
been, or shall be SO planted or set out, OF
which shall have been left on the side oil
such highway for shade, he shall be liable
to treble the damages to the owner or 90
cupant of such adjoining land.
SEC. 101. Whoever shall wilfully des.
troy, remove, injure, or deface any mile.
stone or mile board erected on any high.
way, or shall wiifully injure or desace
any inscription or device upon any guide
post or guide.board on any highway, o.
remove, destroy or injure any such guide
post or guide board, shall be deemed
guilty of q misdemeanor, and on convic
ton thereof, shall be fined not exceeding
fifty dollars, or imprisoned in the county
jail, not exceeding three months, in TIL
discretion of the court.
SEC. 1o2. Whoever shall injure an,
highway, by obstructing or divertiug an!
creek, water course or sluiceway, or b,
drawing logs or timber on the surface o
any road or bridge, or by any other aci
shall be liable in treble damages, to b
recovered by the overseer of highways o
) the road district within which the injur,
, was done, in his name Of Office, to be ex
! pended by him in the repair of the road
|, in his district.
) SEC. 1O3. The provisions of this Chapte
r relating to highways and bridges, shall b
( construed to extend to ali parts OF. tn
Territory, except where special provision
: Herewith have been or shall be made 3
0 law in relation to particular towns, com
' ties, cities or villages.
i SEC. 104. This Act TO take effect an
!. he in force from and after its passage: an