The Tipton advertiser. [volume] (Tipton, Cedar Co., Iowa) 1856-1962, 1866-09-13
CHAPTER 1877.
CONCERNING PRIVATE ROADS.

CONCERNING PRIVATE hoADo.
AN ACT to provide for establishing pri-
yate roads in the State OF Iowa.
81. Be it enacted by the General AS
sembly of the State of Iowa, That pri-
yate roads may be established in the
same way and manner that county
roads are now established by law, ana
all the laws of Iowa relating to ana gov
erning the establishment or county
roads, shall apply to and govern the es-
Enlistment of private loaIs, SO iar as
the same are applicable and not herein
changed: Prorided. That petition
signed by the applicant, for private
road. alone. shall be sufficient as basis
upon which to proceed.
az. Previous to the appointment OF a
commissioner to view the proposed pil
yate road aud report upon the appllca-
ton therefor, the petitioner must file a
bond with the Board of Supervisors, in
a penal sum to be fixed by them. paya-
bic to the county. with such sureties as
may be approved by said Board for the
use of the parties injured by the estab-
lishment Of such private road, with con-
ditions that the applicant will pay all
the cost resulting from such application
and will pay all the assessed damages to
the owners of the land over which such
a road NAV be established, and comply
with all other conditions upon which
such road is established: Pr0ridcd, He
shall not be liable to perform any condi-
tions in the said bond, nor any of the
conditions upon which such road is
established except the payment of the
cost, unless he accepts of such road.
23. No private road established IA
provided by this act, shall be ordered
to be opened until the applicant shall
have paid all damages and costs, and
complied with all other conditions up
on which it il established, which must
be done within such time as may be fix
ed by the Board of Supervisors, and in
case he does not a. saidcosts and dama-
ges and comply with SAID other 'hal,
ten within the time fixed by said
10 .d, he shall be deemed to have wal
we'd and forfeited all his rights to such
road upon that application; and II
thereafter he should desire such road
he must proceed anew.
a. When the time for final hearing |
and action in relation to such road ar
rives, whether application for damages |
has been made or not and whether the |
commissioner has reported adversely to
the establi hment o. the road or not,
the Board of supervise may hear testi-
mony and rec, We peti ions for and
against the es,aDHsi'lnent ol SUCH loai
and may establish the road upon such
conditions as to the payment OF DANA
ges and costs, and b, id NJ and maii-
tanning fences, and other conditions as
to the Board may seem just to all par
ties concerned or they NAV reject the
road absolutely but such rejection shall
be no bar to another application for the
same purpose.
as. This act being deemed by the
General Assembly of immediate impor-
lance it shall take effect and be in
force from and after its publication in
the Iowa State Register and Iowa
Homestead, newspapers published in
DeS Moines, Iowa.
hereby certify that the foregoing act
was nnblished in the Iowa State Regis
ter, April 18th. 1866 and in the Iowa
Homestead April 18th, 1866.
JAMES WRIGHT,
Secretary of State.