The Dallas weekly herald. [volume] (Dallas, Tex.) 1873-1885, 1884-02-14

ESPECIALLY Inpsriant TO tho County
Commissioners Court.
sCrooked Pa hs are Made Straight"

An act To smeud .,tlces tNo tsll SO tnt
4s7o tST tsi.'i'7a iS's sl' 'aM, tSeo ".u
I.so n TILE d. ohapIrI !, sWi % add nee
sri Ice iSgl., i,sub, 1850 ana nls 20 90
srnole 4igl cfch PIE ,hl n.,es fns 4"
chapter l. utesI 90 H. vs., y w Va Nv
relating l, unllc rnidsu. 'ehlorI lhe ple'
S,.l"nn al All, 4iYO " 'i's Ill. aud "a pro
vida adj quale penaldts therefor
s,oIIun A, Is ~ vua ia ~ the leelsl'
tur, of the state ~ L xt; Ihat Article
sSaO, iy9lb and 4S9l' he aided TO uhap'si
/ Tue 81 or the X ylsah N,vU Nn,rs
"a tnat Ar,,l l3ii 1851 4ioO aIiI iJI'
nay, asI2 AS7bi3i0 ASA, I3SDsnn iss9 o, sd
.S.,t ar ana t.e, aud 400, Unnptsr2 auJ
Alto a AIS, Cnap,.r 4, Al 10 ~, ID reoon.-
mended "A, 20 nrfsn e read a. iAIln"s'
Article 1860. Tae commit slohe c 'ur' o
IN, sew, rui cuunuts snail nav" lhl po"tf
and IL sha 10 their uuiy, 10 order tue lay :
ing out aud opeuins OF rupho fohus "hrn
necessary, AID TO oisconunue or nite' any
road whenever u snail Os ueemeu 'Apso,
ami "a hereinafter prtscrioedi provided
that hereafter 10 pubic DAD hhall ba al
tered or changed kept tor the purpose Of
shoytenine the d,,laI CO from the point o
haoinninv To the point OF destination.
Ut lS6l. IL shalt be- the duty OF the
.omm,s,,opers court TO classify nj public
,osds In their coupties into nrst, second
And third class roads, ard 10 act as super
yisors of roads la Their respsc'i'" precinct :,
a hereinafter PROVIDED; ana commission
e,s' courts may, on their own motor when
It IL deemed necessary open ne" toaus VI
strsighten existing ere.
Art. 1895, All applications Tor a new
road. and all Rppl caL'onS 10 discontinue ai'
existing one, shall be by petition 10 the
com .nissionsrs onuri, sisLed ~ ~ ieas'
eioht freehoiders IN tho pfecihut or pre-
cinc,s in which such road ~ uts'Teu 10 %
made or discontinued. Specifying III sucn
petition the beginning auh trrnins,ioh :"
s,ch road proposed 10 bs opened or aiscoh-
tinuei, provided, that where "ne or NOR
nerson, live within any inuosur5 ethtro
Ali ot lhem may ee't'lon tho commission
ers Court for tuiro-c AS fohh or he'slbor
hood road to their nearest trading poiiit'
mills. gins, school aud church houses aht
county sea,s, snd the courts han opeisnet
roads MS hereinafter provided III tns open
inc of third-cass roads. And provided iur
Ia that no mart IL u pubic road shall bt
d;scontjnu.d, unless q new road connrc'ins
tn.t mart Of such ROAD rot disc)Iiihuec
anal fret Do opened: and provided 'urIher
tnat no parL OF tirst or sec1nu-ciass ioad
shsil be reduced 10 road OF a lower cla's
Art. 1867. All roads b reaiter ordered 10
be made spt II oe | ,id out ny Jury OF !fe'
holders OF the county, to be appointed py
the commissioner court. sdln jury sni
consist OF five persons u majority Of whom
NAV proceed, with county surveyor, To lay
ont survey an describe such roai. to the
oreatest advantage ~ the pubic, an 81
shst Inc sams eau os traced WIN certainty,
and the full notes OF such survey AMI de-
scription OF the road sh i be in'luded In
the report of the jury, ani' II aiop'ed'
shsll DO recorded IN the minutes Of The
commissioner court. .,,
Art. 1910. The jury f ireeho ders Pre-
viIed for In ar tote 4s67 shall issue q notice
in writing TO the land owners throngh
whose lands such proposed roads may run
mr. 10 his agent or attorney, OF tbs times
when thew will proceed tn lay out such
road or when they wi as.ess the damage;
incidental to the "pening OF tht
same, which notics enall pe
served upon su3h owner, bis ag' n'
or attorney, a. least five days before the
day therein named. Auca owner Is non
residsnt-of the county, the n,tce may o.
given bS publica ion III u newspaper puo'
iished in the county. as notices are qnirec
10 be given to nonresident defendants az u
action in the district or county court, anc
the road may be established ster iouI
weeks publica ion, the cost OF publishing tt
10 paid,- - direcled BY judgment OF TIT
court. ,a
NAV, al the time sta OF IN such notice, Oh
previously thereto. present 10 the Jury
statement in writing of the damag sclatmet
bv him, IL any, incidental to the openin,
OF such road, aud thereupon the Jury sinai
Droceed to assess the onMages, re urnini
THAR assessment and the claimants state
ment with their report to the com mission
ers' court.
aDnroye Of the report and order such roat
to be opened they shall ooasid,r tn assess
ment Of damages oy the jury AMI the Claim
anita statement thereof and al ov to sujt
owner lust damages and adj quale compel
sa,ion Tor he land token, aud when pa'a VI
secured by deposit with the county treas
urer to the Gre dit of such owner they may
proceed to have such road epened. ittn'
owner OF the land is not satisfied W. TN th'
assessment by the commissioners court
he NAV appeal the re- from, ~ III cases
appeal from judgment OF auces court
hut such apreal SHAT nos prevent the roaf
from being opened but e all be only TO III
the amount oil aafuHse~. IL no CLAIM o
d, m ,gs, Is fiji, d will u n jury after notice
"a provided IN the preceding article, th'
same shall he cons der d as waived.
Art 1915 Tue comm s'loners' o1urt m ~
alter or cnange the course OK amv pup II
road in accord ance with Article 1875 Ut thi
chatter, alter notice anu upon application
in the same manner Gs provided IN thu
chap,er for the disco ntinuence OF road K
cent that the application need not d.
signed by more than one reehol0er OF th'
precinct IN wbi ouch ALTERATION or chang
Is propos d to he made,
Art. 437o. For the further and bette
providing tor public roads, any lines be
tween different persons or owners OF lands
any section line or any direct lins through
an incIosure containing 1880 acres OF lant
or more, may upon the conditions provides
for IN the following articles Of this caption
be declared public highways, aud left opel
and free from all obstructiODs Tor hteei
feet on either side of said lines, but TIT
marked trees aud other obi acts used to des
ignate said lines, and the corners OF survey
shall lot be removed or defsced.
Art. 1884. A. u regular term Of the court
after due service OF noiice as provided II
the preceding article, the commissioners
court NAV, In its discretion. shOu d IL deem
the road OF sufficient public Importance, Is
sue an order declaring the zines designated
. In the application to be public high ways
aud direct that tho same be- opened by thu
owners thereof and len opsn for a space o
Afteen feet on each side OF said line.
Art. 4387. AL costs attending the pro
Gee iings provided for in relation to open
ing Of neigh o0rhood roads shall be paid o.
the county. if the application be granted.
Art. 43S9 The Sne,s OF laud whose line
have bsen or may be DECLARED public high
ways, aud any person through whose lane
third class 70 ii may run snall nave Tn
right 70 eeect u gate or gates across sait
road o. roads when necessary, said gate o
gat, Q to be not "a Jha All ten feet " de ant
free OF ubstructiOns at the top; provided
that when the right-oi-way for any thir,
class road or neigh oorhood road has beet
gran ted to the cousty without cost, tn,
owner of such land shall have the rght t,
put a gate across such road or roads, bu
where such right-)l-way has been CON
demned and pnid for according to existing
Law, the county com miss'oners court snal
L.,a tho ,;,,ht N pp want INV OhstruCtlOl