The Kansas herald of freedom. [volume] (Wakarusa, Kan. Territory) 1854-1860, 1859-02-19
NUMBER 29---vOLUME 4.

Sec. 70. All United States and Terri
torial roads, 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 Though en-
closed, improved or cultivated lands, |
without the consent of the owner, the
damages claimed therefor may be deter
mined by agreement between the COM
missioners 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, Terri
torial 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 discontinue or obstruct any such
road.
SEC. 81. Whenever any road, specified
in the preceding section, shall be altered
as therein provided, any person conceiving
himself aggrieved by such alteration, may
appeal from the decision of such super
visors, 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
reversed, then the town where such road
shall be so altered, shall pay the same.
Of Distractions to Highways, Encroach.
naents thereon, and Penalties.
SEC. 81. Whoever shall wilfully OBJ
struct any highway, or fill up, or place
any obstruction in any ditch constructed
for draining the water from any highway,
shall forfeit for every such offence sum
not exceeding twenty-five dollars; and the
overseer of the proper district shall cause
such obstruction Immediately to be re-
moved.
Sec. SO. In every case where high
way shall have been laid out and opened,
and the same has been or shall be en-
croached upon by any fence. building, or
other fixture, the supervisors shall make
an order under their hands, requiring the
occupant of the land through or by which
such highway runs, and to which such
fence, building or other fixture shall be
appurtenant, to remove the same beyond
the limits of such highway, within thirty
days, and they shall cause copy OF sucn
order to be served upon such occupant;
and every such order shall specify the
width of the road, the extent of the
encroachment, and the place or places
in which the same may be, with reason
able certainty.
SEC. g. If the fence, building, or other
fixture causing such encroachment, shall
not be removed within thirty days after
the service of copy of such order
such occupant shall forfeit the sum Of
fifty cents for every day after the ex-
piration of that time, during which such
encroachment shall continue.
Sec. IS. If the occupant, upon whom
COPY of such order shall be served
shall deny such encroachment, the super
visors or some one of them, shall apply to
some Justice of the peace of the county
for q precept, which shall be issued by
such Justice, directed to any constable Of
the county, commanding him to summon
six disinterested freeholders thereof, tC
meet at a certain day and place, and moi
less than four days after the issuing there.
, of, to inquire into the premises; and the
constable to whom such precept shall b.
directed, shall give at least three days
notice to one of the supervisors of tn,
, town, and to the occupant of the land, o
the time and place at which such free
holders are to meet.
Sec. SO. On the day specified in tn,
precept, the Jury so summoned shall b,
sworn by such justice, well and truly t
inquire whether any such encroachmen
, has been made as described in the orde
of the supervisors, and by whom anC
, the witnesses produced by either part,
! shall be sworn by the justice, and tn
, jury shall hear the proofs and allegation
! which may be produced and submitted t.
them; and in case any person summoned a
i Juror shall not appear, or shall be in
, competent, his place may be supplied b,
! talesman as in other cases.
SEC. 81 If the jury find that any sue
: encroachment has been made by the oc
cupaut of the land, or any former occupan
|. thereof, they shall make and subscribe
: certificate in writing Of the particulars @
h such encroachment, and by whom made
! which shall be filed in the office Of tn
town clerk; and the occupant Of the LAND
whether such encroachment shall hav
J been made by him, or by any former OF
: cupant, shall remove the fence, building
!, ), or other fixture causing such encroach
ment within thirty days after the film
I, !, of such certificate, under penalty of fit
y cents for each day, after the expiration {
: the time, during which such encroachmer
shall continue.
!. SEC. SO. If the jury find that any sue
!, encroachment has been made as aforesai,
u the occupant shall pay the costs of sue
y inquiry, and if the same shall not be pal
1, , in ten days, the justice shall issue a
!, execution for the collection thereof, d
u rected to any constable of the count
i commanding him to levy such costs ar
his fees thereon, Of the goods and chatte
De of such delinquent, and make retul
to thereof to such justice within thirty da.
lg from its date; and the justice, constable
ie Jurors and witnesses, shall be entitled
1t the same compensation as for other sirnil
n services in proceedings before justices
: the peace.
/ SEC. SO. If the jury find that no e
ds croachment has been made, they shall
certify, and shall also ascertain and cert
" the damages which the then occupa
Il | shall h.vn ex,rfoinad hu arrh r,rnceodinc