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CHAPTER LXIX.

AN ACT to provide Revenue for the year 1861.

Threo mills tax to defray expenses.

shall pay a tax.

the payment of What claims.

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

SECTION 1. That, for the purpose of raising revenue to defray the expenses of the Government for the year 1861, the proper officers designated by law to levy and collect taxes, are hereby authorized and directed to levy and collect a tax of three mills on

the dollar upon all property in the State of Kansas, subject to Every white male taxation, and an additional tax of fifty cents upon every white

male person between the ages of twenty-one and fifty years. Appropriated to SEC. 2. That the revenue provided for shall be appropriated,

exclusively, for the payment of appropriations made subsequent to the twenty-sixth day of March, 1861, and to create a sinking fund, for the redemption and to pay the interest on any bonds of the State of Kansas, the issue of which has been authorized by law.

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

Approved June 3, 1861.

This certifies that the above bill became a law, by publication in the “ State Record,” at Topeka, on the 24th day of June, A. D. 1861.

J. W. ROBINSON,

Secretary of State.

When in force.

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CHAPTER LXX.

AN ACT to establish certain State Roads.

Roads located alcording to law, and commission

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

SECTION 1. That State roads, as described in the following *To named to acto sections, shall be located according to the provisions of this act,

and that the persons whose names are hereinafter given in connection with said roads, shall act, respectively, as commissioners for that purpose.

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SEC. 2. The roads and commissioners shall be as follows, to- Roads and comwit: First, One from Topeka to Chelsea, by way of Auburn, Wilmington, Americus, Toledo and Cottonwood Falls. Com missioners, Robert Best, J. F. Cook and Wm. Harrison.-Second, One from Topeka to Council Grove. Commissioners, Chas. Columbia, Silas Hunter, H. J. Loomis.—Third, One from Fort Leavenworth to Marysville, via Holton and Nottingham. Commissioners, Harrison Foster, P. M. Hodges and W. H. Nichols. -Fourth, One from the east line of Allen county, beginning where the Marmaton and Humboldt county road intersects said line, to Whitewater, by way of Humboldt, Eureka and Chelsea. Commissioners, H. W. Signor, David Nichols and C. S. Lambdin.-Fifth, One from Lawrence to the State line of Missouri, near Westport, by way of Franklin, Hesper and Olathe. Commissioners, A. J. Jennings, William Jans and Martin Davenport. — Sixth, One from Pleasant Grove to Ohio City, via Neosho Falls. Commissioners, J. G. Blunt, B. F. Goss and W. W. Brazil.–Seventh, one from Emporia to Humboldt, via Hartford, . Burlington and Neosho Falls. Commissioners, J. H. Signor, W. H. McGinnis and J. V. Randolph.-Eighth, one from Atchison to Junction City, via Holton and James' Crossing. Commissioners, D. J. Parks, H. F. Geery, H. M. Sandford.-Ninth, One from Topeka to Nebraska line in direction of Salem, by way of Holton, Eureka, Grenada and Capioma. Commissioners, Horatio Knowles, Thomas and John Roe.-Tenth, One from Leavenworth City to Atchison, by way of Kickapoo and Sumner. Commissioners, George Scarborough, M. R. Benton and Jack House.-Eleventh, one from Jonesville, near the Missouri State line, to Emporia, by way of Paola, Peoria City, Sac and Fox Agency. Commissioners, Isaiah Piles, A. J. Shannon and A. Bailey.--Twelfth, One from Ohio City to Belmont, by way of Leroy. Commissioners, Joel Moody, D. G. Wetherwax and Jerome Smith.—Thirteenth, One from Lawrence to Osage City, Garnett, Iola and Humboldt. Commissioners, M. L. Thompson C. Hidden and D. Barton.-Fourteenth, One from Superior to Ottumwa. Commissioners, John Mings, J. T. Cox and H. D. Preston.-Fifteenth, One from Minneola, by way of Neosho Rapids, Emporia and Cottonwood Falls, to Santa Fe road. Commissioners, M. St. John, F. R. Page and John Mack.-Sixteenth, One from Lawrence to Wyandott, by way of Eudora, De Soto, Monticello and Shawnee. Commissioners, Newton Henshaw, John Johnson and Wm. Holmes.--Seventeenth, One from Law

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rence to Paola. Commissioners, Seth Clover, B. H. Shepherd, David Anderson.-Eighteenth, one from Burlingame, via Neosho Rapids, Hartford and Elmendaro, to Janesville. Commissioners, J. T. Perrill, A. J. Andrews, A. F. Martindale.—Nineteenth, One from Marysville, by way of St. George, to Wabaunsee. Commissioners, Jos. Pierce, Hiram Keyes and George D. Swearenger.-Twentieth, One from Junction City to Topeka, via Wabaunsee. Commissioners, James Fletcher, W. H. Woster, J. M. Allen.-Twenty-first, One from Minneola to Osawatomie. Commissioners, W. S. Delano, J. Sumstine, N. J. Roscoe and J. L. Wilson.—Twenty-second, One from Wilmington to Wabaupsee, via Alma. Commissioners, G. G. Halls, Jehu Hodson, Edward Krapp.—Twenty-third, One from Atchison, via Kennekuk [and] Grenada, to Seneca ; thence, by one branch, to Marysville, and, by another branch, via Ash Point, Gittard and Oketoe, to the Nebraska line. Commissioners, J. H. Street, M. H. Ferrill ard John Lockwood.—Twenty-fourth, One from Marysville to New Hope, via Washington. Commissioners, E. C. Manning, Wm. McLosky and R. C. Darby.-Twenty-fifth, One from Emporia to Eldorado, via Bazaar and Chelsea. Commissioners, F. G. Hunt, M. R. Leonard and Henderson Thomas.-Twentysixth, One from Dragoon Creek Bridge, on the Wyandott and Santa Fe road, to Allen. Commissioners, G. M. Barnes, Levi Smith and Chas. Withington.—Twenty-seventh, One from Seneca to Manhattan, via Centralia, Nottingham and Banett. Commissioners, F. P. Baker, A. G. Barrett and F. Mansfield.Twenty-eighth, One from Atchison, by way of Robinson and Hiawatha, to Padonia, in Brown county; thence, by one branch, to the Nebraska line, in the direction of Fall City, in Nebraska, and, by another branch, from the same place, to the Nebraska line, in the direction of Salem, in Nebraska. Commissioners, Thomas Butcher, Ephraim Pound, Orville Root.-Twenty-ninth, One from Eureka to Rialto, road near Government North Farm House, via Will's crossing, on Stranger creek. Commissioners, Spartan Rhea, Henry Kline, J. B. Reynolds.—Thirtieth, One from Leavenworth, by way of Oskaloosa, to Topeka. Commissioners, Joseph Evans, F. M. Crain, J. T. Wilson. - Thirty-first, One from Topeka to Minneola, via Twin Mound. Commissioners, C. L. Robbins, Silas Hunter and J. W. Perkins.--Thirtysecond, One from Doniphan to Kennekuk, by way of West branch Independence creek, Atchison county. Commissioners, A. R. Farman, J. N. McCall, J. Ingalls.-- Thirty-third, One from

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Atchison, by way of Sumner and Daudridge Holliday's farm, to Roads and comLeavenworth City. Commissioners, Samuel Hollister, John Scott and Daudridge Holliday.--Thirty-fourth, One from Council Grove to Junction City. Commissioners, J. L. Hingfield, C. G. Aikin and L. B. Perry.—Thirty-fifth, One from Rising Sun to Grasshopper Falls, on the west side of the river. Commis. sioners, C. C. Chapman, Brown, 0. Van Liew.--Thirtysixth, One from Lawrence to Osawatomie. Commissioners, N. J. Roscoe, Wm. P. Dutton and A. Rankin.—Thirty-seventh, One from Holt's crossing to Americus, by way of Lola, Leroy, Ottumwa, Neosho Rapids and Emporia. Commissioners, T. P. Killen, E. Barton and E. Robinson.—Thirty-eighth, One from Doniphan to Lancaster. Commissioners, J. M. McCall, J. W. Collins and James Ingalls.- Thirty-ninth, One from Atchieon to Elwood, by way of Doniphan, Geary City, Palermo. Commissioners, E. Grimes, J. N. McCall, N. Price.-Fortieth, One from Holton to Highland, via Kennekuk. Commisioners, W. H. Bayless, O. H. Macauly and George Smith.--Forty-first, One from Atchison to the Nebraska line, via Highland Commissioners, A. G. Age, Thomas Stevenson and John P. Johnson.Forty-second, One from Wyandott to Mound City, via Wyandott Bridge, Aubrey, New Lancaster and Ballard's Ford. Commissioners, J. M. Funk, Greenbury Frickles, J. Carpenter.

Sec. 3. The three persons named in connection with each road commissioners to shall act as a board of commissioners to locate the same, under peles and indethe rules and regulations herinafter given ; and each board shall, in all respects, be entirely independent in its powers.

SEC. 4. Each board of commissioners shall meet on or before When to meet. the first Monday in August next, at the place designated for the commencement of the road they are to locate, and having first Elect optioers. 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. Should any commissioner or commissioners be unable 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. The board shall procure necessary assistance and pro- Shil procure paso ceed to locate the roads upon the most direct and practicable con desto locate routes, not less than sixty-six feet in width, carefully planting double stakes or 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.

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act according pendently.

.

Fill vacancy.

sistance and ceed

,

Expense not more than three dollars per mile.

$2 per day.

Detailed account kept.

Claims for dam-
Ages.

Commissioners may negotiate for right of way.

Sec. 6. The whole amount of expenses incurred, by each board, in locating its road, shall not exceed three dollars per mile, including their own expenses, and per diem of two dollars each 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 county tribunal transacting county business in the counties through which said road shall pass; upon the receipt of such report the county tribunal 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 forerer 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 road 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 all amounts of damages allowed shall be returned 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 upon the county treasury therefor; Provided, That no damages 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 terore to county the owner 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 tribunal transacting

Note made of damages.

Damages paid from county treasury.

No agreement with land owners

tribunals

county business.

Owners may appeal.

Sec. 10. 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 the said land is located; Provided, Such appeal be made within thirty days

after the location of the said road; and the decision of the said Who shall benz 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 ;

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