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This act to be defonso.

or officers having charge of such money or funds, who, but
for this act, would be required to pay the same into the
territorial treasury of Dakota.
Sec. 2. This act shall be a full and complete defense to

. 2
all such officers in any court in this territory, in which said
officers, or any of them, shall be prosecuted for the non-
payment of such money into the treasury of said Dakota
territory.

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

Approved, December 9, 1869.

ROADS AND HIGHWAYS.

CHAPTER 26.

AN AOT CONCERNING ROADS AND HIGIWAYS.

What roads

Be it enacted by the Council and House of Representatives of the Territory of Wyoming :

SEC. 1. All roads within this territory shall be public highways considered public highways, which have been, or may

hereafter be declared territorial roads by act of the legislative assembly, or which have been or may be declared public roads by the board of county commissioners of any county, within such county, or which have been, or shall hereafter be used and traveled by the public, so that the same woull, according to the course of the common law, be deemed public highways.

SEC. 2. Any person or persons desiring to have any changing rigel,

territorial road changed, shall petition the board of county commissioners, which petition shall state the change asked to be made, and said petition shall be signed by at least twothirris of all the house-holders residing within one mile of that portion of the road which it is desired to change.

SEC. 3, It shall be the duty of the commissioners of any county in this territory, through which any territorial

Petition for

Yonicon

road is, or may be located, in ten days after receiving any petitions as required in the preceding section, to post notices in three conspicuous places along the line of said road; said notices shall state the time and place, when and where they will meet, and such notices shall be posted at least ten days before said meeting.

County com missioners to

SEC. 4. It shall be the duty of the county commissioners, or of a majority of them, to meet at the time and place view road, specified in said notices, and proceed to view said road according to the prayer of said petitioners, and to hear such allegations as may be made for or against the change prayed for; and thereupon the board of commissioners may, in their discretion, by an order to be entered of récord, particularly describing the changes made therein, re-locate such territorial road within their county, and such road or part thereof, upon payment of all damages occasioned by the opening of the same, as hereinafter mentioned, shall be, and stand in lien of so much of such road as said commissioners shall declare vacated; Provided, That the line and direction of such road, shall in no county be changed further than necessary to straighten or locate the same upon better ground, or by a shorter or nearer route; nor shall the line of any such road of any county, be so changed that the same may not connect directly with the continuation of such road in any adjoining county or counties.

Provino

bear expense of

SEC. 5. Whenever a petition, signed by not less than Petitioners to fifteen house-holders of such county, shall be presented to viewing. the board of commissioners of any county praying for a public road to be laid out within such county, designating the termini and general course of such road, the pet tioners shall deposit with the county clerk a sum sufficient to defray the expense of viewing the proposed road, to be fixed by the board of county commissioners, such board shall appoint a day for the hearing of such petition, and shall forthwith direct that some one of the petitioners, at his own expense, serve a written notice upon every person residing upon any of road to be of the lands across which it is proposed to lay out said road, tice. setting out the substance of such petition, and the time

Persons on line served with no

Duties of commissioners.

Warrant of County clerk to be served by sherir deputy.

appointed for hearing the same, and that the clerk post the like notice upon the door of his office not less than ten days before the hearing of such petition. Upon the day set for the hearing of such petition, if it appear that such notices have been given, as above required, the commissioners shall proceed to hear the allegations and objections of the petitioners, and of all persons objecting, and if it shall appear to them that such road is necessary, or that it is expedient to locate the same, they shall proceed to appoint three disinterested house-holders of the county as viewers, to view and locate such road, and to make, or cause to be made a survey and plat thereof, to determine the probable expense of opening the same, so that such road may be traveled, and to assess and equalize the damages and benefits which may accrue to any and all owners of lands over which such road is to be located. The county commissioners shall also at the time of the appointment of such road viewers, fix and publicly announce a day and place for the meeting of such viewers, not less than ten days subsequent to the day of such appointment.

SEC. 6. Immediately after such appointment, the county clerk shall issue a warant directed to the viewers appointed, setting forth their appointment, and requiring them to meet on the day and at the place named by the board of county commissioners, and to proceed thence to view and locate such road, and survey or cause the same to be surveyed and platted, and return the said plat with their assessment of the damages and benefits, in each case accruing or resulting to the owners of any lands over which said road may pass, by reason of the location thereof, and the probable cost of opening such road to travel, into the office of the county clerk on the first day of the next regular meeting of the board of county commissioners. Such warrant shall be delivered to the sheriff, or to any of his deputies to be served, and the sheriff or his deputy as the case may be, shall serve the same by delivering a copy thereof to each of the persons named or indicated therein as viewers of such contemplated road; the original of such warrant shall be returned to the

Refusal to all

return.

Road. how designated.

county clerk with the endorsement of service thereon. Any person appointed a road viewer as provided in this act, who shall wilfully neglect or refuse to act, shall forfeit the sum of fifty dollars to the county, to be recovered by action of debt in the name of the county before any justice of the peace.

Sec. 7. In case any person appointed a road viewer as provided in this act, shall refuse or be disqualified to act, or cannot be found, the board of county commissioners may appoint some other person to act in his stead.

Sec. 8. If the viewers appointed fail or omit to make Failure to make their return on or before the day named in the warrant, for the return thereof, the same shall be deemed to be continued to such day as the county commissioners may designate, or until the next regular meeting of the board, if no day be designated.

Sec. 9. The viewers appointed shall designate and mark out such road as located by them, either by stakes or by turning a furrow upon both sides of the proposed road on prairie, meadow lands or plains, and by blazing trees, or by other appropriate and easily discernable land marks, in wooded lands or in mountainous regions.

Sec. 10. Upon the return of such plat and assessment, the board of county commissioners shall proceed to consider or uot located. the same, and all objections which may be made thereto, and they shall determine whether such rıad shall be opened and located or not; and if in their judgment it may appear beneficial or necessary, they may refer the matter of such viewing and assessment to the same or other viewers, with directions to report in like manner.

Sec. 11. Whenever in any case, the damages accruing Damages. to any person by reason of the opening of such road, shall exceed the benefits to him, according to the report of the viewers, the excess shall be paid by the county, and the commissioners shall issue scrip therefor.

Sec. 12. Upon the payment of all such damages or the excess thereof, over the benefits, to the owners of any ages are paid. lands taken for the opening of any such road, such road shall,

Commissioners to decide whether

Road or high

way, when dam

Where unlaw. ful to locate.

Width of roads.

Fords.

Obstructions.

No toll bridge.

upon the order of the county commissioners to that effect, be and become a public highway.

SEC. 13. In locating or laying out any road under the provisions of this act, it shall not be lawful to locate the same through any dwelling house nor within thirty rods thereof, or through any barn, stable, office, mill or other building, nor through any garden, orchard or stable-yard, appurtenant to any dwelling house, without consent of the owner of such premises.

SEC. 14. All territorial and other public highways hereafter located and laid out under direction of the legislative assembly or county commissioners of any county shall not be less than sixty nor more than eighty feet in width.

SEC. 15. When any public road heretofore laid out, or traveled as such, or hereafter to be laid out or traveled as a public road, crosses any stream of water, and such stream is at any time during the year, fordable where such road crosses, or shall cross the same, the said ford and the banks of the stream adjacent thereto, and the roadway or track usually traveled leading to and from such highway to and from such ford, shall be deemed and taken to be a part, portion and continuation of such public road and highway. Any person who shall obstruct any such ford, or the road leading thereto, or shall dig down the banks of such ford, or who shall erect any dam, embankment or other obstruction in such stream, or any wing dam, or other obstruction, upon the banks or edge of such stream, for the purpose of raising the water of such stream upon said ford, so as to render the said ford impassable or more difficult of passage than heretofore, or who shall maintain any such dam, wingdam, embankment or obstruction heretofore erected, after being required by the road overseer or other authorized person, of the district wherein the same is situated, to remove or abate the same, shall be liable to the same penalties as for obstructing a public highway.

SEC. 16. No person or persons, company or corporation, shall, upon any pretense or authority, be permitted to erect

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