When on a line between two townships.

In laying out highway, how to proceed.

Private roads, how laid out.

plicant.

SEC. 60. The supervisors of each adjoining township, upon laying out a highway upon the line between such townships, shall determine what part of such highway shall be made and kept in repair by each township, and what share of the damages, if any, shall be paid by each.

SEC. 61. The supervisors of each such adjoining township shall proceed, in all things, as is required of the supervisors of one township in laying out highways in such township, and their proceedings, or a duplicate thereof, shall be returned to the township clerk of each township, and their order, including the survey, shall be recorded in each township clerk's office, and each township shall have all the rights, and be subject to all the liabilities, in relation to the part of such highway to be made or repaired by such township, as if the same were wholly located in such township.

SEC. 62. Whenever application shall be made by any freeDamages by ap holder, whose residence is excluded from the highway, to the supervisors of the township to lay out a private road, the supervisors may lay out such road, and the damages thereof, to any owner of the lands through which such road may be laid, shall, in like manner, be ascertained and determined; and, in case of appeal, the like proceedings shall be had thereon, as is provided in this chapter for the laying out and altering of public highways, except that the applicant for such private road shall, in all cases, pay the damages and costs arising from the laying out of such road.

Private road for ole use of appliosat.

Repair.

SEC. 63. Every such private road, when so laid out, shall be for the use of such applicant, his heirs and assigns, but not to be converted to any other purpose than that of a road, nor shall the occupant or owner of the land through which such road shall be laid out, be permitted to use the same as a road, unless he shall have signified his intention of so making use of the same, to the supervisors, or the jury, who ascertained the damages sustained by laying out such road, and before such damages were so ascertained.

SEC. 64. Whenever any person or persons shall apply for and obtain, according to law, a private road or cartway from his or her dwelling to any public road, and through the lands of others, the person or persons for whose benefit and at whose request such private road or cartway was granted, shall immediately, upon the opening thereof, make and keep in good repair all fences required by the opening of such road.

filed town clerk.

SEC. 65. All applications, certificates and other papers relat- All applications ing to the laying out, altering or discontinuing any public or private road, shall be filed in the office of the township clerk as

soon as the supervisors shall have decided thereon.

SEC. 66. All public roads to be laid out by the supervisors of Width of roads. the township, shall not be less than four rods wide, nor shall any private road be laid more than three rods wide.

not to act.

SEC. 67. No supervisor shall act as commissioner of highways when supervisor in laying out, altering or discontinuing any public or private road, in which he may be personally interested.

SEC. 68. The supervisors of the several townships are, by vir- May administer tue of their offices, authorized to administer any oaths required

by the provisions of this chapter.

SEC. 69. Any person who shall consider himself aggrieved by Appeal. any determination of the supervisors of any township, either in laying out, altering or discontinuing, or in refusing to lay out, alter or discontinue any highway, may, within thirty days after such determination, appeal therefrom, and apply to a justice of the peace of the township, for the appointment of commissioners to whom an appeal from such determination of the supervisors may be taken.

appeal in writing.

SEC. 70. Every application for an appeal from the determi- Application for nation of the supervisors shall be made in writing to such justice of the peace, and shall briefly state the grounds upon which it is made, and whether it is brought to reverse entirely the determination of the supervisors, or only to reverse a part thereof, and in the latter case it shall state what part.

visors. Appoint

SEC. 71. Upon the filing of such application, and a bond exe- Bond on appeal. cuted to the supervisors of the township, with sufficient surities, to be approved by the justice, conditioned to pay all costs arising from such appeal: Provided, The determination of the supervisors, in laying out, altering or discontinuing, or refusing to lay out, alter or discontinue such highway, as the case may be, shall not be reversed, such justice shall issue a notice, speci- Notice to superfying therein a time and place for the appointment of commission- ment of commisers, which notice shall be served on one or more of the supervisors, at least six days before such time, and, at the time and place so appointed, the justice shall make a list of eighteen disinterested freeholders of the county; each party may object to six on such list, and in case none of the supervisors shall be present, the justice shall strike off the names for the supervisors, and

sioners.

Meeting of missioners.

com

Decision in writ ing.

out of the number not struck off, the justice shall, by lot, select three for such commissioners.

SEC. 72. The justice shall then annex to the application a warrant, under his hand, appointing a time and place for the meeting of such commissioners, and issue the same to the persons so appointed, directing them to view and examine the highway described in the application, and the determination of the supervisors in laying out, altering or discontinuing, or in refusing to lay out, alter or discontinue the same, as the case may be, and to make return of their decision thereon to him, within twenty days after the date of the warrant and, Lefore proceeding to make such view and examination, they shall be duly sworn justly and impartially to discharge their duties as such commissioners.

SEC. 73. The decision of such commissioners shall be reduced to writing, and signed by them and filed with the township clerk, and if the determination of the supervisors shall be affirmed by Costs, how paid. the commissioners, the party appealing shall pay the expense

Reversal of deei-
Fion.

When not ap

pealed from; proceedings.

of the proceedings had in the matter; but, if such determination shall be reversed, then the expense shall be a charge against the township. Each of such commissioners shall be entitled to one dollar a day for their services, and the justice shall be entitled to one dollar for his fees.

SEC. 74. When an appeal shall have been made from the determination of the supervisors, for refusing to lay out, alter or discontinue a highway, and such determination shall be reversed by the commissioners, the supervisors shall proceed to lay out, alter or discontinue such highway, in the same manner, and the proceedings thereon shall be the same, as if they had originally determined to lay out, alter or discontinue such highway.

SEC. 75. Whenever the supervisors shall have laid out or altered any public highway, through any inclosed, cultivated or improved lands, and their determination shall not have been appealed from, they shall give the owner or occupant of such lands notice, in writing, to remove his fences within such time as they shall deem reasonable, not less than thirty days after giving such notice; but no person shall be required to remove such fence between the first day of April and the first day of November in any year; and, if such owner or occupant shall not remove his fences within the time required in such notice, the supervisors shall cause such fences to be removed, and shall direct such road to be opened; but, if the determination of the supervisors shall have been appealed from, then such notice shall be given after the final decision of such appeal.

considered high

SEO. 76. Every public highway already laid out, no part of When cease to be which shall have been opened and worked within four years from way. the time of its being so laid out, and every such highway hereafter to be laid out, no part of which shall be opened and worked within the like period, shall cease to be considered as a public highway; and all public highways now in use, heretofore laid out and established pursuant to law, and all roads not recorded, which have been used as public highways twenty years or more, and all roads not recorded, which shall hereafter be used ten years or more, shall be deemed public highways.

ued land reverta

SEC. 77. When any highway shall be discontinued, the same when discontinshall belong to the owner or owners of the adjoining lands; to owner. if it shall be located between the lands of two or more different owners, it shall be annexed to the lots to which it originally belonged, if that can be ascertained; if not, it shall be equally divided between the owners of the lands on each side thereof.

mating damages.

od.

SEC. 78. If any discontinued highway shall be set to a tract of Manner of estiland, through which a new highway shall be laid out, the same may be taken into consideration in estimating the damages sustained by any person owning or interested in lands, by reason of laying out or altering any highway; the benefits which such person may receive thereby shall be taken into consideration. SEC. 79. All United States and Territorial roads, and all State Ronds to be workroads which shall hereafter be laid out, shall be opened and worked the same as other highways; and whenever any such Territorial or State rond shall be laid out through inclosed, improved or cultivated lands, without the consent of the owner, the damages claimed therefor may be determined by agreement between the commissioners authorized to lay out such road, and the owner; or the same proceedings may be had for the appraisal and collection of damages therefor, as if such road were laid out under the provisions of this chapter, provided application for a jury to appraise such damages shall be made within thirty days after the return of the commissioners establishing such road, shall have been filed in the office of the clerk of the board of supervisors of the county where such damages are claimed.

altered.

SEC. 80. The supervisors of each township through which any Territorial roads United States, Territorial or State road shall pass, may alter the same within the limits of their township, in the same manner they are authorized to alter other highways, but they shall not discontinue or obstruct any such road.

SEC. 81. Whenever any road, specified in the preceeding sec- Appeal in 30 days.

Penalty for obstructions.

Removal of encroachments.

If not removed in 30 days-penalty.

If encroachment denied-proceed

ings.

tion, shall be altered as therein provided, any person conceiving himself aggrieved by such alteration, may appeal from the decision of such supervisors, within thirty days thereafter, to the county board of supervisors of the same county, upon filing with the township clerk of the proper township, a bond, executed to the supervisors of such township, with sufficient sureties, to be approved by such clerk, conditioned to pay all costs arising from such appeal, provided the determination of the township supervisors, in altering such road, shall not be reversed; and the said board shall hear and determine such appeal; and, if the determination of the township supervisors shall not be reversed, the appellants shall pay such costs; but, if the same shall be reversed, then the township, where such road shall be so altered, shall pay the same.

Cf Obstructions to Highways, Encroachments thereon and

Penalties.

SEC. 82. Whoever shall willfully obstruct any highway, or fill up, or place any obstruction in any ditch constructed for draining the water from any highway, shall forfeit for every such offense, a sum not exceeding twenty five dollars; and the overseer of the proper district shall cause such obstruction immediately to be removed.

SEC. 83. In every case where a highway shall have been laid out and opened, and the same has been or shall be encroached upon by any fence, building or other fixture, the supervisors shall make an order, under their hands, requiring the occupant of the land through or by which such highway runs, and to which such fence, building or other fixture shall be appurtenant, to remove the same beyond the limits of such highway, within thirty days, and they shall cause a copy of such order to be served upon such occupant; and every such order shall specify the width of the road, the extent of the encroachment, and the place or places in which the same may be, with reasonable certainty.

SEC. 84. If the fence, building or other fixture causing such encroachment, shall not be removed within thirty days after the service of a copy of such order, such occupant shall forfeit the sum of fifty cents for every day after the expiration of that time, during which such encroachment shall continue.

SEC. 85. If the occupant, upon whom a copy of such order shall be served, shall deny such encroachment, the supervisors, or some one of them, shall apply to some justice of the peace of the county for a precept, which shall be issued by such justice,