Santa Fe daily New Mexican. [volume] (Santa Fe, N.M.) 1885-1897, 1889-06-18
SOME NEW LAWS.


An act relating to roads, streets ar
highways.
Section 1.-All public roads, streets an
, highways, not in any incorporated city {
town, shall be established, opened {
changed according to the eproVlsions OF tn
act.
Sec. ALL public roads, streets an
highways shall be not less than thirty nc
more than sixty feet wide, to bc deter
mined blythe board OF county commission
ers, from time to time, according to tn
utility and necessity OF such road. IL
cases whore a road shall be Widened,
shall be done according TO the provision
hereinafter provided for opening anC
establishing new roaa4.
See. 3.-All public roads, streets an,
/ highways shall be cleared Of trees nnC
limbs Of trees and other obstructiont
. "hlrh may inCOnmodc hOrsemen anC
/ carrIugcsi and no stumps in any public
/ road or street shall exceed six inches il
height and wet grounds and small water
/ courses and aceQuias shall be briiged i,
! such manner as to enable horsemen ant
carriages to pass in safety.
/ Sec. 4.-IhG county surveyor, If there
/ be one, and II not, the coroner OF eacf
! county, shall be ex-otliciO COMMISSIONS!
OF rOaLS and bridges. and shall receive
such compensation for his services as
may he prescribed by the board OF county
commissioners, hot to exceed in any
event the sun Of $l.5Q per day for each
and every day he may be actually EN-.
plOycd and such allowance for expenses
: M. 4 l.,- "a; ~
capacity US may he allowed by said board,
and % cents for every plat he may be re-
CURED to made. Such commissioners shall
not receive compensation as county sur
yeyOr or coroner, as the case may be, for
.hc time that he IS actually employed as
commissioner OF roads and bridges. Said
commissioner Shall render to the board OF
county commissioners an itemized sworn
account, stating the number of days or
parts OF days he has been engaged in the
duties OF road commissioner, and also an
ltemlled sworn account Of any and all eX-
penses incurred by him While acting in
that capacity. Such accounts snail be
rendered to the board OF county commits
si6ners at each regular meeting. Ii said
commissioner shall render any other than
true and correct account, as hereinbe
fore provided, he shall he deemed guilty
OF a mlsdcmeanor, and upon conviction
shall he fined in a sum not less than 800,
or imprisonment in the county jail Tor not
more than three months, or by both such
line and imprisonment, IN the discretion
OF the court trying the case.
Sec. 5.-AppliCations ior the establish
ment Of the new roads, streets, or change
ol roads or streets, shall be made by petit
ton to the district court held in and for
the county wherein said application is
made, and for this purpose the said court
shall be open at any and all times
wherever the Judge thereof may be; said
petition shall be signed by at least twelve
lrce-holdcrs Of the precinct or precincts
through which said proposed road or street
may run, three OF whom shall be Of their
nelghborhood, specifying the
beginning, course and termina-
ton thereof, with not less than two points
lrua4ea on tho dirootie.a 81 oval. .v.-,i
street.
Sec. G.--Notice OF such intended applica-
lion shall be gwen by printed Or written
hand bills put up i'll three or more public
)laces IN such precinct or precincts, at
east twenty days before the day on which
he said petition is presented to said
'ourt.
Sec 7.-The district court shall, when /
such petition is presented to him, and upon |
)root OF notice having been made, as re-
lurod by the next preceding section, pro-
ecl to hear the testimony OF such Wit
lcSseS rs the respective parties interested
may introduce, and ii said court shall be
VI the opinion that the facts in tho case
uSiiy it, may make an order requiring
he road commissioner 10 view, survey
md mark out such road and make report
hereof within ten DAYS from the making
# such order. The road commissioner
hall take relinquishments OF right OF way
Il all persons who may give such, and
ball state in his report the names Of all
'ersons who have made such relinQuish-
ucnts, the names Of all persons who
Iave failed or refused to give such relin
with the reasons therefor, and
tie estimated costs OF ull bridges, if any,
hat may be needed Oh said road or street,
Which reports, rights OF way and plats
hal! be tiled with the clerk OF said court
t any time, and be free to the inspection
Il all persons interested therein.
Sec. 8.--If any person or persons
Trough whose lands such proposed new
Dad or street or change OF road or street
hall run, shall fail or refuse 10 reilnquish
he right OF way for the same, the said
district court shall appoint, by order of
ecord, three disinterested freeholders OF
lte precinct or precincts through which
aid road is proposed TO run, to act as
to view the premises and
ssess the damages which the owners
lay severally sustain by reason Of the
1cation OF said new road or street or
hange Of road or street, which said COM
lissioners, after having been duly sworn
D faithfully and impartialy perform their
uties, shall proceed to view the premises,
nd shall return under oath, to the clerk
t said court, on or before the first day OF
he next regular term thereof, such as
esslnent OF damages, setting forth the
mount thereof, and the clerk shall file
he same; should the premises of more
han one owner or other persons inter-
sted be included in the same proceeding
r order of the court, then the damages
ssessed to each tract of land shall be
tated separately, together with the name
each person interested and specific
escription OF the property or premises
IL which such damages are assessed, and .
ntil the damages so assessed are paid, .
ither by the original signers of the peti-
on or some one for them, to the person
r persons entitled thereto, or into the
ands of the clerk of said court in trust
'r such person or persons, the said prem
es shall not the taken or disturbed, or
1e proprietary rights OF the owner or
wners therein dvested but on making
lch payment it shall he lawful for the
aid district court to make an order estab.
5hing such public road or street or change
road or street, and confirming the report
said commissioners, appointed as here
before provided. In estimating damages
lie commissioners shall always take in
the advantages, as well as
fli- nI,,nv t,a