The Kanzas news., 1859-03-19
WHOLE No. "a.

shall. within thirty days from the date of
such endorsement on said tax list, return 70
the said overseer his doing thereon. aad pay
over all moneys so collected, to such over
seers and any overseer, If he shah deem r.
necessary, may once reissue such warrant
and tax list in the manner specified in the
preceding section, and when so resissued,
the constable shall proceed thereohS IS here
IN above provided. ysdI - afne8 f8oIi
Sec. 80. Moneys collected or received by
any overseeF of highways, on account of
highway taxes, in his district. shall be faith
fully applied and expended by such over
seer, In the procuring of labor and in the
purchase of implements and msterials as,
in the opinion of the. overseer, viii most
benefit the highways and bridges 10 his dis.
trict. All implements purchased BY the over
seer, shall be carefully preserved by him
and his successors, and shall be used only.
upon the roads and highways, and for no.
other purpose; and any person who shall
use such implements for any other purpose,
shall forfeit and pay the sum of ten dollars
for each offence, one-half for the use of the
road district 10 which the implements be-
long, and the other half to be paid to the
person who shall sue for the same, to be sued
for in the name of the township, before some
justice of the peace. ts a5
Sec. 40. Every overseer of highways shall
on or before the first Monday in November
In each year, make out and deliver 10 the
town clerk of his town, statement in wri
ting, containing description of all the real
estate taxed, in his tax list, upon which the
taxes remain unpaid. together with the
amount of tax assessed to each such descrip-
| ton of land, and the names of the owners
thereof, if known; and he shall make and
subscribe an affidavit thereon, before some
justice of the peace. or other person author
lied to administer oaths, that the taxes men,
toned in such statement remain unpaid
If the said overseer shall neglect or refuse
to make out and deliver to the town clerk,
such statement as aforesaid, the supervisors,
or majority of them, SHALL upon applica-
/ ton of the town clerk, issue a warrant un-
der their hands, to any constable of the
town, commanding him forthwith to bring
such overseer before them, to show cause
why such statement has not been made as
the law requires. The constable's fees, for
such service, shall be paid by such delin-
quent overseer. lle-uis
| Sec. Al. The town clerk shall, in making
out the duplicate assessment roll of the
town next thereafter, enter such unpaid
taxes therein, opposite to the description of
| the land, upon which the taxes so remain
unpaid; and such taxes shall be collected
in the same manner as town taxes are col
lected, and when so collected, shall be paid
over as hereinafter provided, for the use Of
the district in which they were originally
assessed. --.r ii. .s.s4
Sec. AZ. 1t shall be the duty of each
town treasurer, between the fifteenth and
thirLieth days of April, in each year,
to notify the overseers of highways of every
road district in his town, which may be en-
titled to any moneys in the town treasury,
accruing from returned highway taxes in
such district, or from any balance received
from former overseer; and the said treas
nrer shall pay to the order of the overseer
of each such road district, all moneys in his
hands belonging to such district. for the
construction and improvement of roads and
bridges therein. -
Sec. 43. Every overseer of highways
shall, on or before the third Monday in
March in each year, render to the supervi-
sors of the town, an account in writing, ver-
flied by his affidavit subscribed thereon be-
fore some person authorized to administer
oaths, containing: 1, The names of persons
assessed to pay a highway tax in his dis
trict. 9, The amount of tax collected from
each such person, and from other sources,
distinguishing the taxes which have been
paid in labor, from those which have been
! paid in money. 8, The amount of moneys
received from the town treasurer, on account
of returned taxes on real estate, or paid in
to the town treasury by a former oyerseer
in such district. 4, The manner in which
all taxes collected and received by him have
been disbursed, and the particular items oi
such disbursement. s, A statement of the
highway taxes assessed upon real estate IN
his district. which remain unpaid. go
Sec. a. If, upon rendering such account,
any moneys shall remain unexpended in the
hands Of such overseer, be shall imnedi
ately pay over the same to the town treas
ureF. sea Heifalsfssg 7'
/ Sec. IS. If any overseer shall neglect Oh
refuse 10 pay over any money remaining
unexpended in his hands, as required in
the preceding section, it shall be the duty
of the town treasurer forthw with 10 sue foT
the same, In the name of his Office, IN an
faction for money had and received to the
use of such treasurer; which money, when
collected. shall be applied As provided In the
Iforty-sixth section. sf3 i.soss,i'i ag
OF LAYING OUT, ALrERrse AND DIsoosT1z-
i U1KG HIGHWAYS. 49,
i Sec. IS. Whenever any six or more free
holders residing in any town, shall wish to
have a highway laid out. altered OF ,discon-
i tinued in such town, they may make appii-
cation in writing to the supervisors of the
Itown, in which they reside, for that pur-
! pose. and the said supervisors shall proceed
Il to lay out, alter or discontinue such high
way, if in their opinion. the public good
will thereby be promoted.
4 Sec. 47. No public or private road shall
be laid out through any orchard or garden.