and H. B. Smith, of Miami county. 60th, one from Troy, Doniphan county, to Kinekuk, Atchison county; commissioners, Wm. Vickery, J. B. Maynard, Roagal Baldwin. 61st, one from Lawrence, towards Fort Scott, to the north line of Bourbon county, by way of Ottawa Jones's and Dutch Henry's crossing, on the Potawatomie; commissioners, Thomas Sternbergh, Wm. Stroup and George Reynolds. 62nd, one from Manhattan, through the town of Irving, to Marysville, Marshall county; commissioners, B. W. Powers, N. J. Ireland and Peter Gift. 63rd, one commencing at Spring Hill, following the telegraph from Spring Hill to the city of Leavenworth, is hereby declared a State road. 64th, one commencing at Atchison, by Springdale, to Lawrence; commissioners, John Wright, of Walnut creek, George Dickenson and B. B. Moore. SEC. 3. The persons named in connection with each road Board of commis shall act as a board of commissioners to locate the same under the rules and regulations hereinafter given, and each board shall, in all respects, be entirely independent in its powers.

sioners.

SEC. 4. Each board of commissioners shall meet on or before Duty of board the first Monday in August next, at the place designated for the commencement of the road they are to locate, and having first elected one of their number chairman and another secretary, and been sworn faithfully to discharge their respective duties and proceed to make a preliminary survey. Should any commissioner or commissioners be unable or refuse to serve as such, the remaining commissioner or commissioners shall fill the vacancy or vacancies with some suitable person or persons from the same locality.

SEC. 5. Each board shall procure necessary assistance and proceed to locate the roads upon the most direct and practicable route, not less than sixty feet nor more than one hundred in width, carefully planting double stones in the exact middle, at all angles, and at distances not greater than eighty rods apart, and said roads shall be open and remain open for the purpose of public travel.

SEC. 6. The whole amount of expenses incurred by each Expenses. board in locating its road shall not exceed two dollars and onehalf per mile, including their own expenses, and per diem of two dollars each day spent in actual service. Said board shall

Compensation.

Negotiation.

When no agreoment.

Damages and appeal.

cause to be kept an account of all expenditures, in detail, which account shall be rendered to the board of County Commissioners in the counties through which said road shall pass. Upon the receipt of such report, the County Commissioners. shall audit the account, and draw warrants on the County Treasurer for the amount in proportion to the distance said road is located in their respective counties.

SEC. 7. It shall be the duty of all persons claiming compensation for the right of way for any of the above roads through their land, to present such claims to the road commissioners at the time of locating the road, or to the County Clerk of the county in which the land is situated, within thirty days thereafter; otherwise they shall be forever debarred.

SEC. 8. Said commissioners are authorized to negotiate with the owners of the land and improvements through which the road may pass, for the right of way, and all requirements shall be in writing and signed by the owner of the land and at least two of the commissioners, and a minute made upon the record of the survey, showing the amount of damage claimed, if any, and if approved by the county board of commissioners, they shall order warrants to be drawn upon the County Treasurer, in favor of the parties sustaining such damage: Provided, that no damage shall be allowed for the passage of any of the State roads herein named, through any lands or improvements, when such roads are located on the line of any other lawful road.

SEC. 9. That when no satisfactory agreement can be made with the owners of any lands or improvements through which any road may be located, the commissioners shall return the record of the amount offered by them to such person, to the County Commissioners transacting county business.

SEC. 10. Any owner of land claiming damages not allowed by the County Commissioners, by reason of the opening of any road, may appeal to the District Court of the county in which the said land is located: Provided, such appeal be made within thirty days after the decision of the said county board of commissioners, the location of the said road and the decision of the said court shall be final, and if the damages thus awarded shall exceed the amount allowed by the County Commissioners, the cost of suit, together with all damages allowed,

shall be borne by the county; but if they shall not exceed the amount allowed, the costs shall be adjudged against the said claimants, and until paid shall stand as a judgment against his property the same as though rendered in any other suit.

ceedings.

SEC. 11. It shall be the duty of each board to make a full Report of proreport of their proceedings to the Secretary of State and to the County Commissioners 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 and townships.

SEC. 12. It shall be the duty of the several boards of commissioners in creating the various roads provided for in this act, to locate the same upon the best possible ground consistent with straight and direct lines, as near as possible, 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; and whenever a county, Territorial or State road has been provisionally laid out in the direction of the proposed State road, then, provided such road be practicable, the commissioners shall accept such county, Territorial or State road as the proposed State road, and the said commissioners shall be entitled to no compensation for such location.

board,

SEC. 13. Upon the receipt of said report it shall be the duty Duty of county of the board of County Commissioners of any county through which said road shall pass, immediately to cause said road to be opened through said county according to law: Provided, that if any of said roads shall be located through any field with crops growing therein, or shall be located as otherwise to require the removal of any fence, the said board of County Commissioners shall allow a reasonable time for opening the

same.

SEC. 14. The roads heretofore laid out by authority of law, and are known as Territorial roads, which have not been vacated by law, are hereby declared State roads, and shall be kept open and in repair, according to the provisions of this general road law.

SEC. 15. The State shall in no case be responsible for any expenses incurred in the location of the roads herein provided for.

SEC. 16. This act shall take effect and be in force from and after its publication in the Topeka Tribune.

Approved, February 29, 1864.

THOMAS CARNEY,

Governor.

I hereby certify the foregoing to be a true copy of the enrolled law on file in my office, and that the same was published in the Topeka Tribune for March 4, 1864.

W. W. H. LAWRENCE,

Secretary of State.

CHAPTER CXI.

STATE ROAD.

AN ACT in reference to the Quindaro and Salina State Road. Be it enacted by the Legislature of the State of Kansas:

SECTION 1. That the location of the Quindaro and Salina State road be changed as follows: 1st. Leave the old road at or near where the Topeka and Council Grove State road intersects said road; thence west on or as near the north boundary of the Kansas trust lands as the nature of the ground will admit, and intersecting the old road at or near the crossing of Clark's creek.

SEC. 2. The county board of commissioners of Morris county shall cause said road to be surveyed and platted, and a copy of the plat filed with the County Clerks of each county affected by said change, and shall pay all expenses of the same.

SEC. 3. This act shall take effect and be in force from and after its passage.

Approved, February 26, 1864.

THOMAS CARNEY,

Governor.

CHAPTER CXII.

ROADS.

AN ACT in relation to roads.

Be it enacted by the Legislature of the State of Kansas:

lations.

SECTION 1. That all applications for laying out roads not Rules and Reguotherwise provided for in the State of Kansas, viewing, reviewing, altering and vacating any road, shall be, by petition, to the County Commissioners, signed by at least twelve freeholders of the county, residing in the vicinity where said road is to be laid out, viewed, reviewed, altered or vacated; and one or more of the signers of any petition, presented as aforesaid, shall enter into a bond with sufficient security, payable to the State of Kansas for the use of the county, conditioned that the person or persons making such application for the location, view, review, alteration or vacation of any road, shall pay into the treasury of the county the amount of all costs and expenses accruing on such location, view, review, alteration or vacation. In case the prayer of the petitioners shall not be granted, or when the proceedings had in pursuance thereof shall not be finally confirmed and established, and on neglect or refusal of the persons so bound, after a liability shall have accrued, the County Clerk of the county shall collect or cause to be collected [such] bond, and pay into the county treasury the proceeds; and in all cases of contest, any court having competent jurisdiction shall have full power to render judgment for costs according to justice between the parties.

SEC. 2. That all petitions for laying out or altering roads Petition. shall specify the place of beginning, the intermediate points, if any, and the place of termination of said road.

SEC. 3. That previous to any petition for a road, or for the alteration or vacation of any road, notice thereof shall be given

by advertisement set up in the County Clerk's office, and in Advertisement. every township through which any part of said road is designed to be laid out, altered or vacated, at least twenty days previous to the meeting of the commissioners at which, the petition shall be presented, which advertisement shall state when such petition is to be presented, and the substance thereof;