The Kanzas news., 1859-03-19
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mine Fhzt part OF such highwsy shall be
made and kept II repair by each town, and
what share Of the d.msges. ifany. shall De
paid By each.
CSsc. 81. The supervisors Of each such
adjoining town shall proceed in all things
ss is required of the supervisers OF one
town in laying out highways IN sucn to"n;
and their proceedings, or duplicate there
of, shall Be returned to the town clerk OF
seash town, sand their order, including the
survey, shall be recorded IN each town clerks
oGce. snd each town shall have all the rights.
and Be subject to ali the liabilities, in rels-
ton to the part of such highway to be made
OF repaired by such town. As if the same
we're wholly located in such town..
Sec. SO. Whenever application shall be
made by any fresbofder whose residence is
excluded from the highway, to the super
: risors of the town to lay ost q private road,
the supervisors may lay out sach road; and
the damages thereof to any owner Of the
lands through which sach road may be laid,
shall in like manner be asceriained and de-
t1ninsd, and in case of appeal, the ike
proceedings shall be had thereon, as is pro-
vided in this chapter for the laying out'and
altering of pubic highways; except that
the applicant of such private road shall; in
all cases pay the damages and costs arising
from. the laying out of such road, .n.II
See. SO. Every such private road, when
80 laid out, shall be forrthe use of such ap-
plicant, his heirs and assigns, but not to be
converted to any other purpose than that of
= road, nor shall the occupant or owner of
the land throHgh which such road shall be
laid osi, be permitted TO use the same as 81
road, unless be shall have signifed his in
tention of 50 making use of the same TO the
supervisors, or the jury, who. ascertained
the damages sustained by laying ont such
road, aud before such damages were SO as
ceFtained. -
See. 64. Whenever any person'oT persons
shall apply for, and obtain according to law.
privass road or cartway from his or her
dwelling to any public road, and through
the lands of otheIs, the personpor persons
for whose benefit and at whose request such
private road or cartway was granted shall
Immediately. upon the opening thereof, make
and keep in good repair, all fences required
by the opening of such road.
.'=a Sec. e5. All applications, certificates and
other papers relating to the laying out, al
terihg or disseminating any public or pri-
:
town clerk as soon as the supervisors shall
have decided thereon.
Sec. SO: All public roads to be laid out
by the supervisors of the town shall not be
less than four rods wide, nor shall any pri-
yate road be laid more than three rods wide.
Sec. 81. No supervisor shall act as COM
missioner of highways, in laying out, alter
ing or disseminating any public or private
road. in which he may be personally in
terested.,
Sec. 6s. 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. a
Sec. SO. Amy person who shall consider
himself aggrieved by any determination of
the supervisors of any town, either inlay
ing out, altering or disseminating, or In re-
fusing to ly out, alter or discontinue any
highway, may, within thirty days after
such determination, appeal therefrom, and
aply to a justice of the peace of the town,
for the appointment of commissioners to
whom an appeal from such determination
of the supervisors may be taken.
Sec. 20. Every application for an appeal
from the determination of the supervisors
shall be made in writing, to such justice of
the peace, and shall briefly state the grounds
upon which it is made, and whether it is
brought to reverse entirely the determina-
ton of the supervisors, or only to reverse
a part thereof, and in the latter case it shall
state what part.
Sec. IT, 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 supervi-
sors in laying out. altering or discontinu-
ing or refusing to lay out, alter or discon
tinue such highway, as the case may be,
shall not be reversed; such justice shall is
sue notice, specifying therein time and
place for the appointment of commission
ers, which notice shall be served on one or
more of the supervisors, at leait six days
before such time, and at the time and place
so appointed. the justice shall make list
of eighteen disinterested freeholders of the
county; each party may object to six on
such list, and in case none of the supervi-
soTs. shall be present, the justice shall strike
of the names for the supervisors, and out
of the number not struck of, the justice
shall by lot select three for such commits
sioners.
e Sec. 7s. 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, directing 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, al
ter or discontinue the same. as the case may
Be, and to make return of their decision
thereon to him, within twenty days after the
dsze of the warrant; and before proceeding
TO make such view snd examination. they
shall Be duly sworn justly and impartially
60 discharge their duties as such commits