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

out, altering or disseminating any public
or private road, shall be filed in the Office
of the town clerk as soon as the super
visors shall have decided thereon.
Sec. &C. All public roads to be laid out
by the supervisors of the town shall not
be less than four rods wide, nor shall any
private road be laid more than three rods
wide.
SEC. 81. No supervisor shall act as
of highways, in laying out,
altering or discontinuing any public or
private road, in which he may be person
ally interested.
SEC. 60. The supervisors of the several
towns are, by virtue of their offices, author
lied to administer any oaths required by
the provisions of this chapter.
Sec. SO. Any person who shall consider
himself aggrieved by any determination
of the supervisors of any town, either in
laying out, altering or disseminating, or in
refusing to lay out, alter or discontinue
any highway, may, within thirty days
after such determination, appeal there
from, and apply to justice of The peace
of the town, for the appointment of COM
missioners to whom an appeal from such
determination of the supervisors may be
taken.
Sec. 70. Every application for an ap-
peal from the determination of the super
visors shall be made in writing, to such
Justice of the peace, aud shall briefly state
the grounds upon which it is made. and
whether it is brought to reverse entirely
the determination of the supervisors, or
only to reverse part thereof, and in the
latter case it shall state what part.
SEC. II. Upon the filing of such appli-
cation, and bond executed to the super
visors of the town, with sufficient sureties,
to be approved by the justice, conditioned
to pay all costs arising from such appeal,
provided, the determination of the super
visors in laying out, altering, or disccn-
tinuing, or refusing to lay out, alter, or
discontinue such highway, as the case
may be, shall not be reversed, such justice
shall issue notice, specifying therein a
time and place for the appointment CT
commissioners, which notice shall be
served on one or more of the supervisors,
at least six days before such time, and at
the time and place so appointed, the
Justice shall make list of eighteen dis
interested freeholders of the county; each
party may object to six on such list, and
in case none of the supervisors shall be
present, the justice shall strike off the
names for the supervisors, and out of the
number not struck of, the justice shall
BY lot select three for such commits
sioners. ......
Sec. Y. The justice shall then annex
to the application, warrant under his
hand, appointing time and place for the
meeting of such commissioners, and issue
the same to the persons so appointed, di-
recting them to view and examine the
highway described in the application, and
the determination of the supervisors in
laying out, altering or disseminating, or in
refusing to lay out, alter or discontinue
the same, as the case may be, and to make
return of their decision thereon to him,
within twenty days after the date of the
warrant and before proceeding to make
such view and examination, they shall be
duly sworn Justly and impartially to dis
charge their duties as such commits
sioners.
Sec. 70. The decision of such COM
missioners shall be reduced to writing
and signed by them and filed with the
town clerk, and if the determination o.
the supervisors shall be affirmed by the
commissioners, the party appealing shall
pay the expense of the proceedings had il
the matter; but if such determination
shall be reversed, then the expense shall
be a charge against the town. Each o.
such commissioners shall be entitled t.
one dollar day for their services, and the
Justice shall be entitled to one dollar fol
his fees.
Sec. "a. When an appeal shall have
been made from the determination of thu
supervisors, for refusing to lay out, alte
or discontinue a highway, and sucl
determination shall be reversed by tn,
commissioners, the supervisors shall pro
coed to lay out, alter or discontinue sucl
highway, in the same manner, and tn,
proceedings thereon shall be the same a
if they had originally determined to la,
ont, alter or discontinue such highway.
SEC. IS. Whenever the supervisor
shall have laid out or altered any publ
highway, through any enclosed, cult
waited or improved lands, and their deter
mination shall not have been appealel
from, they shall give the owner or &C
cupant of such lands notice in writing, +
remove his fences within such time a
they shall deem reasonable, not less tina
thirty days after giving such notice; bu
no person shall be required to remov
such fence between the first day of Apr
and the first day Of November in an
year; and if such owner or occupant shal
not remove his fences within the time re
quired in such notice, the supervision
shall cause such fences to be removed
and shall direct such road to be opened
but if the determination of the supervisor
shall have been appealed from, then sue
notice shall be given after the final decisio
of such appeal.
| SEC. 76. Every public highway alread
laid out, no part of which shall hay
been opened and worked within fol
i years ILOIn the Time Oh us Oelu2 50 tal
out, and every such highway hereaft'
to be laid out, no part of which sha
be opened and worked within the Lii
period, shall cease to be considered as
public highway; and all public higl
ways now in use, heretofore laid o.
and established pursuant to law, and a
roads not recorded, which have be,
used as public highways twenty yea
or more, and all roads not recorde
which shall hereafter be used ten yea
or more, shall be deemed public higl
, ways.
, SEC. a. When any highway shall
| discontinued, the same shall belong
, the owner or owners Of the adjoinil
lands; if it shall be located between Il
lands of two or more different owners,
shall be annexed to the lots to viii
it originally belonged, if that can be q
certained If not, it shall be equally Z
, vided between the owners Of the Ian
J on each side thereof
SEC. 70. If any discontinued highw
Ii L. a. 49, Il LII