Morris tribune., 1883-05-30

commissioners of the county; and such supervisors
or commissioners shall thereupon proceed 10 lay
ont such temporary cartway i'll all respects as pro-
vided by the law in force at the time of such app-
cation, in relation to laying out permanent public
cartways, by supervisors except az hereinafter
provided; and the cartways hereby authorized
shall not be less than nor more than two rods
in width
Sec 2. When any such application shall be
made, the supervisors or commissioners at the nne
of examining such proposed highways shall Also
aftSr such investiga ion as they deem neces-
Sary, determine the necessity OF laying out sucn
cartways for the purpose of removing the saw logs
timber or lumber from any p1no or othef
timbered lands, and the length or umS
that such carway will be necessary, and they snal
state such time in their order laying out such cart
way. and at the expiration OF such time sad cart
way shall cease But such cartway shall be lad
out along upon or so as to occupy any ROAD maze
caused to be made by the owner of said land, or
by any person with the consent of such owner ana
used by the person or persons making the same,
unless such owner shall consent thereto IN wrltng
II the owner of any land across which such cart
is desired shall appear in person or by author
lied agent or attorney before the commissioners or
supervisors at the time aud place fixed by them to
determine such necessity, and shall designate
route for such cartway which, in their opinion shall
be reasonably direct and practicable for tne purpose
desired by such applicants, 1t shall be their Cuty, IN
case they determine such cartway to be necessary,
TO lay the same upon the route designated by such
owner.
Sec. 3. All the expenses of laying out and all
damages awarded for the taking of lands for such
plying for the same. They shall be public
highways, but no tax shall DO levied or col
lected for making, opening maintaining
the same The persons applying for the same may
enter upon, open and work any such cartway at any
time after it is laid out upon paying all the costs
and expenses of such proceedings, and upon pay
ing the several parties in interest. to the town
or county treasurer as the case may be-. for
them all the damages assessed in favor OF the owners
of lands tIaversed by such cartway, nor shall any
appeal from an award OF damages suspend the
right to work and such csrtway, if the applicants
for the any of them shall la IuI the court to
which such appeal may be taken, bond with sure
ties and III an amount approved by the court TO
which such appeal may be taken, conditioned Tor
the payment of all damages and costs which may
be finally awarded in favor of the appellant IN such
proceedings. An appeal from the award OF DANA
ges may be taken by the applicants IN the same
manner BY the persons whose lands are traversed
by such cartway, and IN such the filing OF the
bond hereinbefore mentioned to secure all costs
and damages finally awarded to any such land owner
shall have the effect in securing the right to
open, work and such cartway as the actual pay
meut of such damages and costs.
Sec. 4. In case such proposed cartway does not
lie within an organized town the notices required
to be posted in connection with the proceedings for
opening the same may be posted in there Lthreel
public places at the county seat, and the records
OF such proceedings required by law to be filed in
the Office Of the town clerk shall be filed In the
Office of the county auditor.
Sec. 5. This act shall take effect and be in force
from and after its passage.
Approved March ), 1883.