Barbour County index. [volume] (Medicine Lodge, Kan.) 1880-current, 1888-11-14
Public Highways.

RetltiOnS Tor PUBIC IOauS are present.
ed to the county commissioners at
every regular session of that board.
The petitioners generally give no fur
ther attention to the matter until the
day arrives for the viewers TO meet and
view the road. In every such case the
proceedings are irregular. and the ex-
pense of locating is a cost to the county,
or it may be upon the petitioner. with
out securing a road.
There are ten blank forms that are
to be used in the petitioning and estab-
fishing of public road. Four of these
must be signed 10y the petitioner, viz:
the Petition, the Bond, the Notice to
Land Owners and the Affidavit of Ser
vice.
The object of this writing is to inform
those who desire to present a road pc
tition, of the duties imperative upon
them in order to establish road legal
ly. The petitioner must be house
holder. and have at least eleven other
householders of lawful age and residing
laid out join with him in a petition
addressed to the board of commission
ers of the county.
The petition must describe the pro-
posed road with sufficient certainty to
enable a practical surveyor to run it.
An affidavit must be made that the pc
titiOners are householderS of full age
and reside in the vicinity of the pro-
posed road, and their signatures are
genuine. One or more of the petitioners
must give bond with sureties to secure
the expenses of the view, and present it
TO the commissioners with the petition.
ri the road shall be established by the
commissioners the county will pay the
expense; if the road be not established
then the petitioner and the bondsmen
must pay the expenses of the proceed
ings, The papers being ready to pre-
sent. the commissioners will appoint
viewers and the clerk will give due no.
tice by publication of the time and place
for the viewers to meet.
Just at this point want to empha-
size another duty of one of the petit
toners: At least six days before the
time fixed for the viewers to meet, one
of the petitioners must serve notice in
writing of the time and place of the
viewers meeting, upon every owner of
lands through which the road will run,
who lives anywhere in the county, or
upon the agent of any such lands. Both
landlord and tenant should have notice;
if the land should he in dispute both
litigants must be notified; If in the pos
session of areceiver lie must be notified;
if the title belongs to heirs notice
should be given to each.
The person serving the notice to land
owners must make out and preserve a
true copy of each notice served, and re-
turn them TO the county clerk and make
10 him an affidavit that he did serve
such notices, and stating when and how
he served them. Until these are filed
the commissioners can not legally act
upon the report of the viewers. -See %
Kas. Rep 1872
No matter if it is some trouble to find
out who the land owners are or where
they live, the notices must be served or
the road is failure, and the petitioner
is liable for the expenses incurred.
There might be an instance i'll which
the land owner resides in the county
and may be overlooked by the petition
er. The law provides that at any time
within twelve months after the location
of the road, he may apply to the county
board and have his damages assessed.
In opening road the oyerseer must
follow strictly the marks Of the survey
or and cannot exercise any discretion in
the matter. Unless the recorded sur
vey shows the course to be otherwise,
every line between two marks set up by
the surveyor must he straight and d.
rect. Ii the survey as recorded does
dot agree with the marks, stakes or
stones set up, the marks set up must be
needed rather than the record.
Road petitions will be written free of
charge, and all necessary blanks and
any information concerning roads given
for the asking by calling at the survey
or's Olhce. =. j. ABER.