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


claimed therefor by any owner through
whose land the same shall be laid, the
amount of such damages may be deter
mined by agreement between the supervi-
sors and such owners; every such agree
ment shall be reduced to writing, and
signed by such owner and the supervi-
sors, and filed in the town clerks office; and
every such agreement, and every release of
damages given, shall forever preclude
such owner from all further claim for dam
ages.
Sec. SO. If any owner of lands, through
which highway shall be laid out or al
tered BY the supervisors, shall not be salts
fed with the sum offered for damages by
such SUPERVISOR, or if no sum be offered,
he may, within thirty days thereafter, ap-
ply to the justice of the peace of the same
or an adjoining town, for jury to assess
and appraise such damages, which appli-
cation shall be in writing, describing the
premises, and any number of persons,
claiming damages on account of such high
way, may join in such application; the
supervisors of such town shall have at
least six days notice of the time and place
of such meeting.
SEo.54. Any persons applying for ajury
as mentioned in the preceding section,
shall, by himself or agent, execute to the
supervisors of the town, and file with the
justice a bond with one or more sureties,
to be approved by such justice, condition
ed to pay all costs arising from such ap-
peal and appraisement of damages, provi-
ded such jury shall not award larger
amount of damages than were offered by
the supervisors of the town; or in case the
supervisors shall not have made any offer
of damages, then conditioned to pay all
such costs if the jury shall not award any
damages.
Sec. So. Upon the filing of such bond,
the justice shall issue precept to some
constable of an adjoining town, neither in
terested nor of kin to any person through
whose land such road is laid, directing him
to summon five disinterested freeholders
of his town, not of kin to the owner or oc-
cupant of such land, to meet at time and
place to be specified in such precept, to
appraise the damages sustained by the lay
ing out or altering of such highway.
Sec. Sc. At the time and place appoint
ed for the appearing of such jury, they
shall be sworn by the justice, justly and
impartially to make such appraisal, and
shall proceed to view such highway, and
hear the statements and proofs of the par
ties if they deem necessary; and they
shall make return of their appraisal to the
Justice, which shall be certified by such
Justice, and filed with the town clerk; and
if the amount of the appraisal by such
jury shall exceed the amount offered by
the supervisors, or in case no sum shall
have been offered by the supervisors, then
if the jury award any damages, the costs
and expenses shall be paid by the town;
but if the jury shall not award any dam
ages, or more than was offered, the costs
and expenses shall be paid by the appli-
cant.
Sec. 81. Each person duly summoned,
who shall attend as juror, shall be al
lowed six cents mile for each mile ne
cessarily travelled from his place of abode
to the place of meeting, and fifty cents for
his services on such jury; and the justice
shall be entitled to one dollar for his fees.
Sec. SO. All damages consequent upon
laying out or altering any highway, as f.
nally settled upon, pursuant to the provis-
ions of this chapter, and all lawful charges
against town for the services Of any Jury
in the assessment of damages, or for the
fees of any justice or constable provided
for in this chapter, or for the services Of
any commissioners appointed in the man.
ner herein provided, shall be laid before
the town board to be audited, and the
amount allowed shall be levied and col.
lected in the same manner as other town
charges.
SEC. SO. Whenever it shall be deemed
necessary to lay out highway upon the
line between two towns, such highway
shall be laid by the supervisors of each
of said towns, either upon said line, or a:
near thereto, as the situation of the ground
will admit; and they may vary the same
either to the one side or the other of suct
line, as they may deem necessary.
Sec. go. The supervisors of each ad
joining town, upon laying out highway
upon the line between such towns, shall
determine what part of such highway shall
be made and kept in repair by each town
and what share of the damages, if any
shall be paid by each.
SEC. 81. The supervisors of each sucl
adjoining town shall proceed in all thing
, as is required of the supervisors of on,
town in laying out highways in such town
| and their proceedings, or duplicate there
of, shall be returned to the town clerk o
t each town, and their order, including tn
survey, shall be recorded in each tow
Z clerks Office, and each town shall have al
l the rights, and be subject to all the liza
bilities, in relation to the part of sucl
e highway to be made or repaired by sue
: town, as if the same were wholly locate
e in such town.
1 Sec. 81. Whenever application shall b
e made by any freeholder, whose residenc
/ is excluded from the highway, to tn
b supervisors Of the town to lay out a pr
! yate road, the supervisors may lay on
b such road, and the damages thereofto an
i owner of the lands through which sue
!, road may be laid, shall in like manner b
: ascertained and determined, and in cas-
l of appeal, the like proceedings shall B
n had thereon, as is provided in this chaptt
e for the laying out and altering of publ
J; highways; except that that the applicar
S for such private road shall, in all case
e pay the damages and costs arising from th
e laying out of such road.
g SEC. So. Every such private road, whe
so laid out, shall be for the use Of sue
g applicant, his heirs and assigns, but nj
e to be converted to any other purpose ths
D, that of road, nor shall the occupant
t owner of the land through which sue
II road shall be laid out, be permitted
L use the same as a road, unless he sha
y have signi6ed his intention of so makir
r use of the same to the supervisors, or Il
IL jury, who ascertained the damages su
ii tanned by laying out such road, and b
fore such damages were so aseertained.
II SEC. Ga Whenever any person or pc
=, sons shall apply for, and obtain accordiI
g. to law, private road or csrtway from B
y or her dwelling to any public road, al
/, | kk-o,~l L. e Al