Nebraska advertiser., 1862-03-13

SEC. is. If any able-bodied man. when duIv sum-
meneh as provided in the preceding section. fails to
appear ana labor diligently, by himself or his sub
stls9te, or send satisfactory excuse therefor, he is
liable to a fine of Eve dollars, to be recovered by
county
SEC. l9. Il is hereby made the duty Of the several
oePerslsors to receipt to persons having performed
eoIk upon the roads inserting therein a particular
description Of the land fo1 which such work is per-
Termed in discharge Of road tax thereon whenever
sueh person shall demand 3 receipt Therefor, PRO
Vtaea, Ihatthey shall receipt for no work until the
same Is actually performed, and no receipt Of any
supervisor, unless made ont as herein required. shall
be received By the County Treasurer in payment of
read tax.
SIC. 20. Whenever the inhabitants in any county
desire the opening Of a new road, or the discontin-
lance or change Of any road heretofore established,
they shall give al least twenty days notice by posting
a notice IN the courthouse door and at three other
puohe places in the vicinity of the road sought to be
located, changed, or discontinu ed, setting forth the
Tune When they will apply by petition to the Board
OF County commissioners, giving a particular state
ment OF the location, change, or discOntinuance
sought to be effected.
SEC. Il. Upou the presentation of a petition
signed by at least ten landholders, residents Of the
county, after notice given as provided in the pre-
ceeding section, the Board of County Commissioners
shall proceed to hear the parties interested in the
case, ana if, in their judgment, it is probable that
the location or change proposed viii advance the
interests Of the county, or is essential to the inter
ests OF the applicant, they shall appoint a competent
and dlslnterested person, a Commissioner, who, after
being duly sworn to faithfully discharge his duty
without fear, or hope Of reward, shall proceed to
view the road proposed and if, in his opinion, the
public good require the proposed new road, or change
in a road already established, he shall proceed to lay
out, mark, and plat the same according to law and
for this purpose may employ a surveyor, two chain
carriers, and one axeEan, who shall be allowed by
the County Commissioners such Compensation for
their services as shall be just and reasonable.
SEC. p. 1t shall be the duty Of the Commission
er, within twenty days after making the location
and survey as provided in the preceding section, to
make out and file his report, together with the plat
and field notes, will the County Clerk, who shall
record the report in a book to be kept for that pur-
pose, after which such location and survey shall be
deemed a county road. rrsr
SEC. %. If, in the opinion of the Commissioner,
the public good does not require the location or
change proposed to be made, he shall so report to
the County Clerk without unnecessary delay, who
shall record the report as above provided, and the
petitioners shall pay all cost accruing in the case:
and to this end the Board of County Commissioners
shall require tn 0 or more of the petitioners to en-
ter with bond, to be approved by them, payable to
the county, conditioned that they will pay all costs
which may accrue if the case is decided adversely
to their petition.
SEC. "a. All roads located under the provisions of
this act, shall be of an uniform width of four rods
and shall be marked with a furroW on each side or
one in the centre of the same, or with permanent
stakes.
SEC. Is. The County Commissioners shall have
the power to re-survey and relocate Territorial roads
already or hereafter to be establishe Provided, no
such relocation shall be made which shall change the
location Of the sam at the intersection Of county
lines without a corresponding change and similar
relocation by the County Commissioner of such ad-
jacent county or counties.
SEC. 26. When any person shall demand damage
for the right of way for any county road, if the
County Commissioners think the same is not eXhOr-
bitant, they shall order the SAM to be paid out of
the District Road Fund of the district or districts in
which said land is situated, If exhorbitant DANA
ges are demanded, it shall be their duty to appoint
three disinterested persons, taxpayers and residents
of the county, who, after being sworn to faithfully
discharge their duty without fear, favor, or hope of
reward, shall appraise said damages. and their award,
not exceeding the amount claimed, shall be paid to
said claimant in full satisfaction for such damages
That in no case shall damages be allowed
or recovered unless the claimant file his petition
therefor with the County Clerk within thirty DAYS
after the filing of the report of the Commissioners
locating such road Provided, further, That any
claimant aggrieved under any award made as herein
provided, may have an appeal to the District Court
in which such county is situated, if such appeal
shall be entered and bond given within thirty days
after said award is made which bond shall be made
payable to the Territory of Nebraska, and signed by
two or more good and sufficient ~sureties, in such sum
as shall be approved by the County Commissioners,
conditioned 10 pay ali costs ana damages that may
he adjudged against said claimant on Che trial Of
aneh RnpHal.
t 81. THAT h oct entitled An Act for looa-
seline, repaiFing, ind changing county road,
tHtved Jan. 23 1885, in Act to amend said Act.
approved October Z9, 1868, an Act supplemental
thereto, approved Jan. ii, 1889, an Act to amend
said first mentioned act, approved Jan. II, 1861,
and an Act to regulate the disposal of the Road
Fund, and to further define the duties of Supervi-
sors, approved January ii, 1851, and all Acts and
-oa~ts Of Acts incQuCigtnnf with This hpt are hprphV |
repealed.
SEC. %. This Act to take effect and be in force
from and after its passage Provided, That Super
visors already elected shall hold their Offices the
same as if this Act had not passed.
Approved January, 1852.