an act Declaring the assent of the State of Nebraska to an act of the Congress of the United States, entitled, " An Act for the admission of Nebraska

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16 an act Declaring the assent of the State of Nebraska to an act of the Congress of the United States, entitled, " An Act for the admission of Nebraska into the Union," passed February 9th, A. D

17 THE STATUTES OF NEBRASKA, EMBRACING ALL OF THE GENERAL LAWS OF THE STATE, IN FORCE AUGUST 1st, 1867, WTTII MARGINAL NOTES, Showing the Contents of each Section, TO WHICH ARE PREFIXED The Declaration of Independence, Articles of Confederation, the Constitution of the United States, Treaty with France, Organic Law of the Territory of Nebraska, Enabling Act, and the Constitution of the State of Nebraska, with the Act of Congress admitting the State, the Act of the Legislature accepting the Conditions of Congress, the President's and Governor's Proclamation, with an Appendix, EMBRACING ALL OF THE Genenl Laws passed subsequent to the adoption of Revised Statutes. A GLOSSARY AND INDEX ARE ADDED: COMPILED BY E. ESTABROOK.

18 342 REVISED STATUTES. [CH. all cases, such fine so operating as a judgment, shall only be released or entered as satisfied by the party or parties in interest, as aforesaid. CHAPTER XLVII Duty of commis sioners. Surveyor book, how furnished. Shall estab lish starting point, etc. How he shall proceed. Shall note intersection of govern ment lines. Roads, width and staked line. Surveyor to make plat. EOADS. Section 1. In the establishment of all precinct, coun ty, territorial and state roads, the commissioners appointed to superintend the viewing and location of such public roads shall employ a competent surveyor, with a sufficient number of assistants, to carry on and perfect a complete field survey of said roads. Sec. 2. The surveyor shall provide himself with a well bound book, at the expense of the county, in which he shall enter the field notes of all roads surveyed by him. The starting point of all surveys of roads shall be perma nently established by taking bearings and distances of one or more permanent objects, and plainly marking the same, and noting a description of such objects in the field notes. Having fixed the starting point, he shall survey the same by running the west line of the road, if the same runs north and south, and the north line if it runs east and west, by courses and distances, and shall cause to be set in each angle a good substantial post or stake of durable wood, plainly marked or numbered, commencing at the starting point, and shall note the intersection of all lines of govern ment surveys, where the same can be satisfactorily ascer tained. Sec. 3. All county, territorial and other public roads shall have a width of sixty-six feet, and the staked line marking such road shall be on the northern edge of the said sixty-six feet, if the road is running east and west, and on the western edge if the course of the road is north and south. Sec. 4. The surveyor having completed any road survey

19 47.] K0AD shall make an accurate plat of the same, which plat, if of a territorial road, together with a copy of the field notes, shall be filed in the office of the secretary of the territory, and a copy of such portions of the same as may be em braced within the limits of the different counties through which the road may pass, shall be filed in the office of the county clerk of each county respectively ; and if such road is a county road, the plat and a copy of the field notes shall be filed in the office of the clerk of the county in which such road is located. Sec. 5. The commissioners of the several counties SXw'W shall have power to alter the road districts as may seem to autricts.d them proper : Provided, however, That in no case shall any road district be so constituted as to be within the limits of two distinct voting precincts; and it shall be the duty of the county clerk, upon application, to furnish each super visor with a particular description of the boundaries of his district Sec. 6. It shall be the duty of each supervisor to notify jjji5rsi*w. all able bodied male residents of his district, between the ages of twenty-one and fifty years, to perform one day's labor, of eight hours, upon the roads, under his direction, at such times and places as he may deem for the public convenience, giving them at least three days notice to that effect : Provided, That all persons over the age of fifty Jjjjjj years are exempted from paying poll tax for the benefit,?lro*d of roads, or of performing said one day's labor in lieu thereof. Sec. 7. If any person liable to work on the roads, after ^{7 ln being duly notified as above provided, shall neglect or ^^J0 to refuse to perform labor, by himself or an equivalent substi tute, or to pay one dollar in money in lieu thereof, or send a satisfactory excuse to said supervisor within five days thereafter, it shall be the duty of such supervisor to collect the same, and costs, by suit before any justice of the peace of the county in which his district is situated ; and the delinquent list, furnished by the supervisor under oath, shall be received in evidence on the trial of the case, and no per sonal property shall be exempt from sale to satisfy said tax and costs of suit

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21 LAWS. JOINT RESOLUTIONS AND MEMORIAIS. PASSED AT THE EIGHTH SESSION OF THE LEGISLATIVE ASSEMBLY or The STATE OF NEBRASKA. BEGUN AND HELD AT THE CITY OF LINCOLN, JANUARY, 5, PUBLISHED BY AUTHORITY. DES MOINES : MILLS & Co., PRINTERS AND PUBLISHERS, #.

22 SPECIAT, TIAWS. A N A CT Declaring Section Lines to be Public Roads in the counties of Platte, Colfax, and Madison, in the State of Nebraska. SECTION_1. Be it enacted by the Legislature of the section line, to state of Nebraska, That section lines be and are hereby *** declared to be public roads and highways in the counties of Platte, Colfax, and Madison, State of Nebraska. SEC 2. Where lands are unimproved and not en-', closed, it shall not hereafter be lawful to enclose nor fence up the same in the aforesaid counties, without ''' '' leaving a space of two rods broad along each side of each side. said section lines, until the road along the section lines proposed to be fenced shall have been vacated, as now provided by law for the vacating of public roads. SEC. 3. All lands that are improved or enclosed, shall be subject through whicn said section lines run, upon the passage '''"'. of this act, shall be subject to all the conditions that con- openinsorroads. trol and provide for the opening of roads, as provided by Chapter 47, Revised Statutes, entitled sections 19 to 24, inclusive. - SEC. 4. That the expenses of locating all roads Expense of lo sought to be located under the provisions of this act shall : be paid by the persons petitioning for the same when part: p: the roads petitioned for are of a less length than three""" miles. SEC. 5. All acts and parts of acts conflicting with the Proviso. rovisions of this act as pertaining to the counties of ' Colfax, and Madison, are hereby repealed. SEC. 6. This act to take effect, and be in full force, Takeemas. from and after its passage. * Approved, March 8th,

23 154 SPECIAL LAWS. A N A CT To e Section Lines in Elmwood Precinct, Cass county, Public S. SECTION 1. Be it enacted by the Legislature of the : "State of Nebraska, That all section lines within and, bordering on Elmwood Precinct, Cass county, Nebraska, d." " be, and the same are hereby declared public highways. SEC. 2. This act shall be in force and effect from and e. Take effect after its pass * 'th 20, 1871.

24 AN A.C.T. Declaring section lines to be public roads in the connties of John # Jefferson, Saunders, Merrick, and Richardson, State of ebraska. SECTION 1. Be it enacted by the Legislature of the section line. n State of Nebraska, That section lines be and are here, by declared to be public roads and highways, in the lic roads, counties of Johnson, Gage, Jefferson, Saunders, Merrick, To be of uniform and Richardson, State of Nebraska, and such roads and width. highways shall be of uniform width now provided by law. Ec. 2. Where lands are unimproved, and not Unimproved enclosed, it shall not hereafter be lawful to enclose nor fence the same, without leaving a space of two rods broad along section lines, until the road along the section each side. proposed to be fenced shall have been vacated as provi ded by law. SEC. 3. No road hereby established shall be opened Damages to be until damages shall have been assessed, where the same : " is claimed as now provided by law, which damages shall be ascertained and paid as provided by law, Provided, That no person 'll be compelled to open any road under the provisions of this act, where damages have been s awarded as herein provided, until said damages have been 3: until paid in full to the person to whom the said damages were damages are as awarded.

25 A N A CT Declaring Section Lines to be Public Roads and Highways in Tip ton Precinct, Cass county, Nebraska. SECTION 1. Be it enacted by the Legislature of the #: State of Nebraska, That section lines in Tipton Pre: : roads. is to cinct, be public Cass county, roads and Nebraska, highways. be and are hereby declared Notice. Proviso. Take effect. SEC. 2. Whenever any person shall desire to have any part of a public road established by the provisions of this act vacated, he shall give notice of his intentions so to do in the manner now provided by law for locating and opening public roads. SEC. 3. All acts or parts of acts inconsistent with this act are hereby repealed. SEC. 4. This act shall take effect and be in force from and after its passage. Approved, March 10th, 1871.

26 2; X E RAL, STATUTES M! UNIV. OF STATE OF NEBRASKA, 7?/W, E ('n)u IiISI.\'(% ALL LAWS OF A GENERAL NATURE IN FORCE, SEPTEMBER 1, f...q} 1_[;L> rm»: -rnz nzvlszn s'r.\rr'rr:s or 1866, AND THE \'ARlOI" ' n~'.~101\ 1,.>.w.~: -xx.-r;.\'.\<'rsu,.\'u.1rm.\'(+ TNE_AL"l S P.-\s5I-JD,vr nu:.\*1.\"r1r Dmn / Tl-:.\"ru sr:= ~J~. 0.\'s or TUE LE(;lsl.A'I l'1{i-3 or ] *7 5, I -/ R? R? GUY A. BROWN, ( U,\i.\lI.~'.~I().\'ER APPOINTEI) FOR THAT PL'RP()SE. v_\-11-h HEAD _\'(_)TES..\lAR(iI.\I.»\L NOTES, AND GENERAL INDEX;, 1,-,_-L -1,;_w.-.4 LSO /sr or.407's or.4 (1'1s'.\'ERAL.v.4Tv'1:1.-.'.1n1.s's1s0 IN 1&7:-1. _4_\'1» 1. k'fe1 l-..\'ces T0 THE muss cm" THIS 1'01. l»'.!1e. n"111;1u-; T1111? BE F0l'.VI),' '0 um g.3; PREFIX!-Z1). nu: n1-:c..\n,n10.\' or 1.\:m:m:.\:m:.\'c1=:, THE ARTl('LEs or C()I\'I- EI)EltA uh 7,";. (,5-,-V-n-r1-1'10.\' or rm-: L'.\ l'i'ed s'r.\'n:s, THE (.'O.\ a"l ltl"l l0.\ or nu»: s'r,\'rr: or stun;-x\. "run 'nu»:.\'n' 1.\' m:l.\'r10.\: TO THE L()L ISlANA PURCHASE, 'rm"-:,,,,,,,_q;<- AFT or Tm: TERRITORY 01'-.\'r:nm\sK.\, THE 1:.\:,\m..\:<; AC1,.\.\'u! ROCl.A.\I.\'l'l0X or THE P1u2.-1m:.\:'r. Al) vn'r1.\'r.- NE!!RA.~.lK.\ 1.\"m T11 2: vxm.\'. Pl'I.I.ISHED BY A['TII()RITY OF LAW. LINCOLN; JOL'R.\I.-\L COMPANY. sum PRINTERS

27 An act. declaring section lines roads in certain counties of the State of Nebraska. [I asud. and took qfect, February 24, Be it enacted by the Legislature of the State of lveb1'aska.' (38.) SECTION 1. That section lines be and are hereby declared S\) dl'.l0i1 ijfiss to be public roads and highways in the counties of Nuckols, Web-?d:l(l(él)l 110 l? ster, Franklin, Harlan, Gage, York, Clay. Kearney, Adams, John- mu unnee son, Jefferson, Saunders, Dawson, Merrick, Hall, Hamilton, Fill more, Saline, Polk, Tliayer, Seward, Otoe, Lancaster and Butler, and Stove-Creek precinct, Greenwood precinct, and Weeping \Vater precinct, in Cass county, Nebraska, and such roads shall be of uniform width, as now provided by law. (39.) SE0. 2. When lands are unimproved and not enclosed, it Lands here shall not hereafter be lawful to enclose the same without leaving aijiiieiiiiciifiiid space two rods in width on each side of the section line, until thesliahecbfim road along such line or lines proposed to be fenced, shall have been vacated as provided in section five of this act. (40.) Sac. 3. No road hereby established shall be opened until p,,m,,;e._ damages shall have been assessed, where the same are claimed: Provided, however, That application for damages shall be made within ninety days from the passage of this act. (-11.) SE0. 4. All persons claiming damages by reason of the How assessed. location of any road by virtue of this act, shall make written application to the commissioners of the county where said road is located, within the time prescribed in section three of this act, for the appointment of couimissioners to assess said damages; who shall render their award in writing, and make return to the county commissioners of their county, within the time now required by law, and any person or persons aggrieved by their said award shall have the right to appeal to the district court of said county, in like manner as now provided by law. '

28 THE COMPILED STATUTES OFTHE ST^TE OF NEBBASKA, SECOND EDITION, WITH AMENDMENTS 1882, 1883 AND 1886, comprising ALLLAWSOFAGENERALNATURE INFORCEJULY 1,1885. FUBLISBII UNDERAUTHORITY OFTHELEGISLATURE, GUY At kkown. OMAHA: I1ECTBOTIPED. PRINTED AND BOUND BY GIBBON, MILLER A RICHARDSON

29 Sec.46.[Sectionlinesdeclaredpublic roads.] The section lines areherebydeclaredtobepublicroadsineachcountyinthisstate,andthecounty board of such county may, whenever the public good requires open such roads withoutanypreliminarysurvey,andcausethemtobeworkedinthesamemanner as other public roads ;Provided,Thatanydamagesclaimedbyreasonofthe opening of any such road shall be appraised and allowed, as nearly as practicable, in manner hereinbefore provided. And provided further, That the county board before opening such section line road, shall direct the county surveyor to perpet uate the existing government corners along such line, by planting monuments of some durable material with suitable witnesses whenever practicable, and make recordofthesame. [Amended1885,chap. 76.] it, a

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