Betting aside sessment Reviewers appointed Report of Payment of damages In case of ap- against the claim for damages, the objector shall pay the costs; and when payment of damages is made as herein provided, such highway shall be recorded and ordered to be opened and kept in repair, as hereinbefore provided. Sec. 22. If it shall be made to appear to the board that the damages assessed are unreasonable, they may set aside such assessment and order another review, under the same regulations as provided in case of the first review. Sec. 23. If any one or more freeholders residing in such county,along such proposed highway, vacation or change, shall object to the same at any time before final action thereon, as not being of public utility, other viewers may be appointed, who shall proceed, on a day to be by them designated, after having taken an oath faithfully to discharge the duties assigned them, to examine the proposed highway, and shall make report to such board at their next session, whether or not, in their opinion, the said highway, vacation or change, will be of public utility. Sec. 24. If a majority of the viewers last named report against the public utility of such highway, the same shall not be established, unless the petitioners will open and maintain the same at their own expense; but if they report favorably thereto, the objector shall pay the costs of the review, and the highway shall be recorded and ordered to be opened and kept in repair; but in no case shall a highway be opened, vacated, or a change be made, if a majority of the freeholders residing along such proposed highway, or along such change, or along the highway proposed to be vacated, shall remonstrate against the same. Sec. 25. No such highway shall be opened, worked, or used, until the damages assessed therefor shall be paid to the persons entitled thereto, or deposited in the county treasury for their use, or they shall give their consent thereto in writing filedwith the register of deeds of such county. Sec. 26. Any person aggrieved by any decision of any board of commissioners, may appeal therefrom to the district court of such county, upon his filing a bond, with surety and penalty, to be approved by the register of deeds of such county, conditioned for the due prosecution of such appeal, and the payment of costs, if costs be adjudged against him; and in case proceedings shall be had in more than one county, the register of deeds of each county, on being notified of such appeal by the register of deeds of the county in which the appeal is taken, shall transmit to the clerk of the court to which the appeal is taken, all the proceedings in such county; and upon the determination of such appeal, such clerk shall notify the register of deeds of all the counties interested thereof. GENERAL PROVISIONS CONCERNING HIGHWAYS. Sec. 27. No road shall be less than eighty feet wide; and width of roads the order for laying out of any highway shall specify the width thereof. County or town Sec. 28. Public highways established on the county or town- Highways on ship line, shall be opened and repaired by the supervisor of lines the proper road districts on each side thereof, and by the joint labor of the hands in each of such districts in each county or township. Sec. 29. Whenever any public highway shall have been laid out through any enclosed land, the supervisor shall give the occupant of such land, or the owner, if a resident of the road district, sixty days' notice in writing, to remove his fence; but such owner or occupant shall not be compelled to move such fence between the first day of April and the first day of November; and if such fence is not removed pursuant to such notice, such supervisor shall cause the same to be done. Highway run- ning the ugh allowance of Sec. 30. If the owner or occupant shall not have been allow. In case of non ed damages for the laying out of such highway upon his land, damages the supervisor shall give the person removing such fence credit on his highway tax for any amount that the supervisior shall deem just, subject to the approval of the county commission ers. shall cease to Sec. 31. Every public highway already laid out, or which when highway may hereafter be laid out, and which shall not be opened and exist used within six years from the time of its being laid out, shall cease to be a highway for any purpose whatever; but if any distinct part thereof shall have been opened and used within six years, such part shall not be affected by the provisions of this section, nor shall this section be applied to streets and alleys in any town: Rights of setlers o public lands What deemed public highway Who to act as Commissioners reviewers &c Fees of viewers and reviewers Planting hedges When persons may lay out private roads When persons debarred from recovering Aamages Provided, however, That the board of county commissioners shall decide that public necessity does not require such road kept open, which decision shall be recorded by the clerk of the court, whereupon said vacated highway shall vest in the rightful owner who may have the title thereof according to law, of the property on each side of said highway. Sec. 32. In all applications for the location, change, or vacation of any public highway, actual settlers upon any public lands in any county in this Territory shall have and possess all rights in this act granted to freeholders. Sec. 33. All public highways which have been or may hereafter be used as such, for twenty years or more, shall be deemed public highways. Sec. 34. No person owning lands, or who is related by consanguinity to any person owning lands, along any proposed highway or change, shall be competent to act as commissioner, viewer, or reviewer thereof. Sec. 35. Viewers and reviewers appointed under this act shall receive two dollars for every day they shall be necessarily employed as such. Sec. 36. The board of county commissioners of any county, on petition of an individual desiring to plant a hedge on his land adjoining a public highway, may grant such individual the privilege of placing his fence seven feet on such highway: Provided, Said fence will not be an obstruction to the high way. Sec. 37. Any person may have a private road laid out, changed or vacated, upon presenting a petition to the board of county commissioners [of the county] in which such petitioner may reside, under regulations hereinbefore provided for roads running through one county only: Provided, That such board may order such private road to be laid out, changed or vacated, without any view, if there be no remonstrance against such petition; and the petitioner shall open and keep in repair such road at his own expense. Sec. 38. Whenever any road has heretofore been laid out, and used as a highway under any law of the Legislative Assembly of the Territory of Dakota, any person damaged there. by shall make known his claim for damages, by petition to the board of county commissioners of the county in which such road is located within one year from the taking effect of this act, and in case of failure for that length of time so to do, sirall thereafter be debarred from recovering any damages whatever, by reason of such road having been so laid out and opened, and in case any such petition shall be presented to a board of county commissioners, the same proceedings shall thereafter be had to ascertain and pay such damages, as is provided for in this act upon a remonstrance being presented. public lands damages Sec. 39. When any person shall acquire the title to gov Settlers on ernment lands over which any road has been or may hereafter claiming be duly laid out, subsequent to the laying out of such road, the person so acquiring such title, shall within three months after receipt of his patent therefor, assert his claim for damages in the manner provided in the preceding section, and such road shall remain and be a public highway, but his damages, if any, shall be paid, and in case of a failure for that length of time, to assert his claim for damages as aforesaid, he shall thereafter be debarred from asserting such claim. Sec. 40. All public land in this Territory settled upon and cecupied by settlers thereon, shall be subject to all the provisions of this act, so far as the rights and liabilities of such settlers are concerned. who subject to the provisions this act Sec. 41. That chapter one of the session laws of 1866-7, be, certain law and the same is, hereby repealed. repealed Sec. 42. This act shall take effect and be in force from and When to take after its passage and approval. Approved, January 8, 1868. effect INCORPORATIONS. Townsite to be surveyed and platted Census to be teken Survey map and sensus subject to examination Application for incorporation to CHAPTER XIV. AN ACT FOR THE INCORPORATION OF TOWNS, DEFINING THEIR Be it enacted by the Legislative Assembly of the Territory of Section 1. That persons intending to make application for the incorporation of a town, as hereinafter provided, shall cause an accurate survey and map to be made of the territory intended to be embraced within the limits of such town; such survey shall be made by a practical surveyor, and show the courses and distances of the boundaries thereof, and the quantity of land contained therein, the accuracy of which survey and map shall be verified by the affidavit of such surveyor written thereon or annexed thereto, Sec. 2. Such persons shall cause an accurate census to be taken of the resident population of such territory, as it may be on some day not more than thirty days previous to the time of presenting such application to the board of county commissioners, as hereinafter provided; which census shall exhibit the name of every head of a family residing within such territory on such day, and the number of persons then belonging to every such family; and it shall be verified by the affidavit of the person taking the same. Sec. 3. Such survey, map and census when completed and verified as aforesaid, shall be left at some convenient place within said territory for examination by those having an interest in such application, for a period of not less than thirty days. Sec. 4. Such application shall be by petition, subscribed by the by petition applicants, and also by not less than one third of the whole number of qualified voters residing within such territory; and such petition shall set forth the boundaries thereof, the quantity of land embraced according to the survey, and the resident population therein contained, according to said census taken; and the said petition shall have at |