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Manner of locating the road.

Limitation of expenses.

rendered to comptroller.

SEC. 5. After the completion of the preliminary survey, the board shall procure necessary assistance and outfits, and proceed to locate the road upon the most direct and practicable routes, not less than eighty feet in width, carefully planting durable stakes or stones in the exact middle, and at distances apart not greater than one hundred rods; and said road shall be opened and forever remain open for the purposes of public travel.

SEC. 6. The whole amount of expense incurred by this board, in locating their road, shall not exceed ten dollars per mile, including their own expenses, and per diem of three dollars each Detailed expenses for each day spent in actual service. Said board shall cause to be kept an account of all expenditures in detail, which account shall be rendered to the comptroller of the Territory on the completion of their labors, and the comptroller of the Territory shall be authorized and instructed to audit the same, and draw warrants upon the treasury therefor.

Payment.

Make agreements for right of way, how made.

upon record.

SEO. 7. Said commissioners are authorized to negotiate with the owners of lands and improvements through which the road may pass, for the right of roadway; and all agreements shall be in writing, and signed by the owner of the land, and at least two Damages entered of the commissioners, and a minute made upon the record of the survey, showing the amount of dainage claimed, if any, and all amounts of any damages allowed, shall be rendered to the tribunal transacting county business for the county, in which such damages may be allowed, who shall be authorized and required to audit the same, and draw warrants attested by the proper officer, upon the county treasurer therefor.

Damages allowed, rendered to county tribunal.

Manner of proeeeding where

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SEC. 8. That, when no satisfactory agreement can be made disagreements oc- with the owner of any lands or improvements through which any road may be located, the commissioners shall return a record of the amount offered by them to such person, to the tribunal transacting county business.

Appeal by owner

to district court in thirty days.

SEC. 9. Any owner of land, claiming damages not allowed by the commissioners, by reason of the opening of any road, may appeal to the district court of the county in which said land is located, provided such appeal be made within thirty days after the location of said road, and the decisions of said court shall be final, and, if the damages thus awarded shall exceed the amount offered by the commissioners, the costs of the suit, together with all damages allowed, shall be borne by the county; but, if they shall not exceed the amount offered, the costs shall be adjudged against said claimant, and till paid shail stand as a judgment

against his property, the same as though rendered in any other suit.

missioners made

SEC. 10. It shall be the duty of each board to make a full Report of comreport of their proceedings to the secretary of the Territory, and to whom. to the tribunal transacting county business of each county through which their road shall pass, and said report shall be accompanied by a map or chart showing the length of the road in miles, and the counties, townships, sections and quarter section lines through which it passes.

sioners in locat

SEC. 11. It shall be the duty of the several boards of commis- Duty of commissioners, in creating the various roads provided for in this act, ing road. to locate the same upon the best possible ground, consistent with straight and direct lines, avoiding, in all cases, making two or more angles, where good ground for a road can be had upon a direct course with but one angle.

SEC. 12. Upon the receipt of said report, it shall be the duty Duty of county

of the county board of any county, immediately, to cause said

road to be opened through said county, according to law.

SEO. 13. This act to take effect and be in force from and

after its passage.

A. LARZALERE,

Speaker of House of Representatives.
C. W. BABCOCK,

President of the Council.

board.

Approved February 7, 1859.

S. MEDARY,

Governor.

1860.179

CHAPTER CXII.

AN ACT to establish certain Territorial Roads.

Be it enacted by the Governor and Legislative Assembly of

the Territory of Kansas:

ed commission

SECTION 1. That Territorial roads, as described in the follow- now roads locat ing sections, shall be located according to the provisions of this ers. act, and that the persons whose names are hereinafter given in connection with said roads, shall act respectively as commissioners for that purpose.

First, from Wyandott to Atchi

son.

Second, from
Quindaro to
Shawnee,

Each board independent of the other.

Time of meeting.
Proceedings.

Take oath. Engineer.

SEC. 2. That the roads and commissioners shall be as follows: From Wyandott to Quindaro, Leavenworth and Atchison to Elwood; commissioners, Fielding Johnson, E. L. Bertroat and Ed. Russell: Second, From Quindaro to Shawnee; commissioners, Abelard Guthrie, Ebenezer O. Yane and Wm. A. Holmes.

SEC. 3. The three persons named in connection with each road shall act as a board of commissioners to locate the same, under the rules and regulations hereinafter given, and such board. shall, in all respects, be entirely independent in its powers of each other board erected by this act.

SEC. 4. Each board of commissioners shall meet on the second Monday in March next, or as soon thereafter as practicable, at the places designated for the commencement of the road they are to locate, and, having first elected one of their number as chairman and another as secretary, and been sworn faithfully to discharge their respective duties, shall appoint a competent engineer and proceed to make a preliminary survey of the whole route. Should any commissioner be unable to serve as such, he may designate a suitable person to act in his place or to fill any vacancy Filling vacancy. caused by his resignation, and should he fail to designate such substitute, the remainder of the board may fill the vacancy with some suitable person or persons from the same locality.

Location of the road.

pease.

SEC. 5. After the completion of the preliminary survey, the board shall procure the necessary assistants and outfit, and proceed to locate the road upon the most direct and practicable route, not less than eighty feet in width, carefully planting durable stakes or stones in the exact middle, and at distances apart not greater than one hundred rods, and said road shall be opened and forever remain open for the purposes of public travel.

Limitation of ex-SEC. 6. The whole amount of expense incurred by the board in locating their road shall not exceed ten dollars per mile, including their own expenses, and per diem of three dollars each for each day spent in actual service. Said board shall cause to be kept an accurate account of all expenditures in detail, which account shall be rendered to the comptroller of the Territory on the completion of their labors, and the comptroller of the Territory shall be authorized and instructed to audit the same and draw warrants upon the treasury therefor.

damages.

Agreements for SEC. 7. Said commissioners are authorized to negotiate with owners of lands and improvements through which the road may pass, for the right of roadway, and all agreements shall be in writing and signed by the owner of the land, and at least two of

damages rendered

nal.

the commissioners, and a minute made upon the record of the survey, showing the amount of damage claimed, if any, and all Accounts for accounts of any damage allowed, shall be rendered to the tribu- to county tribunal transacting county business for the county in which such damages may be allowed, who shall be authorized and required Warrants upon to audit the same and draw warrants, attested by the proper officer, upon the county treasurer therefor.

county treasurer.

returned to coun

ty board.

SEC. 8. That, when no satisfactory agreement can be made Disagreements with the owner of any lands or improvements through whith any road may be located, the commissioners shall return a record of the amount offered by them to such person, to the tribunal transacting county business.

court in thirty

days.

Damage and corts.

SEC. 9. Any owner of land claiming damages not allowed by Appeal to probate the commissioners by reason of the opening of any road, may appeal to the probate court of the county in which said land is located: Provided, Such appeal be made within thirty days after the location of said road; and the decision of said court Decision final. shall be final, and, if the damages thus awarded shall exceed the amount offered by the commissioners, the costs of the suit, together with all damages allowed, shall be borne by the county, but, if they shall not exceed the amount offered, the costs shall be adjudged against the claimants, and, till påid, shall stand as a judgment against his property, the same as though rendered in any other suit. SEC. 10. It shall be the duty of each board to make a full re- retary of Territoport of their proceedings to the secretary of the Territory and to the tribunal transacting county business of each county through which the roads shall pass, and said report shall be accompanied by a map or chart, showing the length of the road in miles, and the counties, townships, sections and quarter section lines through which it passes.

Report to county tribunal and see

ry.

sioners in locat

SEC. 11. It shall be the duty of the several boards of commis- Daty of commissioners, in creating the various roads provided for in this act, to ing road." locate the same upon the best possible ground, consistent with straight and direct lines, avoiding, in all cases, making two or more angles when good ground for a road can be had upon a

direct course with but one angle.

open road.

SEC. 12. Upon the receipt of said report, it shall be the duty County board to of the county board of any county, immediately, to cause said road to be opened through said county, according to law.

SEC. 12. This act to take effect and be in force from and after

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From Manhattan oity to Solomon's Fork.

Meeting of commissioners.

CHAPTER CXIII.

AN ACT to establish a Territorial Road.

Be it enacted by the Governor and Legislative Assembly of the Territory of Kansas:

SECTION 1, That Ambrose Todd, Moses Yonkin and Abraham Barry be and are hereby appointed commissioners to lay out and locate a Territorial road from Manhattan city by way of Bachelder to Solomon's Fork, at the point where the Military road crosses the said river.

SEC. 2. The board of commissioners shall meet on the first Monday in April next, or as soon thereafter as practicable, at Organization of Manhattan city, and, having first elected one of their number chairman and another secretary, and been sworn faithfully to discharge their respective duties, shall appoint a competent engineer, and proceed to make a preliminary survey of the whole route. Should any commissioner be unable to serve as such, he may designate some suitable person to act in his place, or to fill any vacancy caused by his resignation, and, should he fail to designate such substitute, the remainder of the board may fill the vacancy with some suitable person from the same locality.

Location.

Expense.

SEC. 3. After the completion of the preliminary survey, the board shall procure the necessary assistants and outfit, and proceed to locate the road upon the most direct and practicable routes, not less than eighty feet in width, carefully planting durable stakes or stones in the exact middle, and at distances apart not greater than one hundred rods; and said road shall be opened and forever remain open for the purposes of public travel.

SEC. 4. The whole amount of expenses incurred by said boards

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