directed to any constable of the county, commanding him to summon six disinterested freeholders thereof, to meet at a certain day and place, and not less than four days after the issuing thereof, to inquire into the premises; and the constable, to whom such precept shall be directed, shall give at least three days' notice to one of the supervisors of the township and to the occupant of the land, of the time and place at which such free

holders are to meet.

sworn.

SEC. 86. On the day specified in the precept, the jury, so Jury summoned summoned, shall be sworn by such justice, well and truly to inquire whether any such encroachment has been made as described in the order of the supervisors, and by whom; and the witnesses produced by either party shall be sworn by the justice, and the jury shall hear the proofs and allegations which may be produced and submitted to them; and, in case any person, summoned as a juror, shall not appear, or shall be incompetent, his place may be supplied by talesman as in other cases.

SEC. 87. If the jury find that any such encroachment has been certificate of jury made by the occupant of the land, or any former occupant thereof, they shall make and subscribe a certificate in writing of the particulars of such encroachment, and by whom made, which shall be filed in the office of the township clerk; and the occupant of the land, whether such encroachment shall have been made by him or by any former occupant, shall remove the fence, building or other fixture causing such encroachment, within thirty days after the filing of such certificate, under penalty of fifty cents for each day, after the expiration of the time, during which such encroachment shall continue.

whom.

SEC. 88. If the jury find that any such encroachment has been costs paid-by made as aforesaid, the occupant shall pay the costs of such inquiry, and, if the same shall not be paid in ten days, the justice shall issue an execution for the collection thereof, directed to any constable of the county, commanding him to levy such costs and his fees thereon, of the goods and chattels of such delinquent, and make return thereof to such justice, within thirty days from its date; and the justice, constables, jurors and witnesses, shall be entitled to the same compensation as for other similar services in proceedings before justices of the peace.

SEC. 89. If the jury find that no encroachment has been made, same. they shall so certify, and shall also ascertain and certify the damages which the then occupant shall have sustained by such proceedings, which damages, together with the costs of the proceedings, shall be paid by the supervisors, and shall be a charge

in their favor against the township in which they shall have been elected.

SEC. 90. No person shall be required to remove any fence, under the above provisions, except between the first day of November and the first day of April, unless the same shall have been made within three months next before the making of the order for the removal thereof.

SEC. 91. If any tree shall fall or be fallen by any person, from any occupied land, into any highway, any person may give notice to the occupant of the land from which such tree shall have fallen, to remove the same within twenty-four hours; and, if such tree shall not be removed within that time, but shall continue in such highway, such occupant shall forfeit the sum of fifty cents for every day thereafter until such tree shall be removed; but the amount so forfeited shall not exceed ten dollars for one tree. SEC. 92. In case any person shall cut down or fall any tree on inclosed land, not occupied by him, so that it shall fall into any highway, unless by the order or consent of the occupant, such person shall pay to the occupant of such land the sum of one dollar for every day the same shall remain in such highway, together with all damages which such occupant may sustain; but the amount, so to be recovered, shall not exceed twenty dollars for one tree.

Of the Erection, Repairing and Preservation of Bridges. SEc. 93. Whenever it shall appear to the board of supervisors of any county, that any one of the townships in such county would be unreasonably burthened by erecting or repairing any necessary bridge or bridges in said township, such board of supervisors may cause such sum to be raised and levied upon the county as will be sufficient to defray the expenses of erecting or repairing such bridge or bridges, or such part of such expense as they may deem proper; and such moneys, when collected, shall be paid to the township treasurer of the township in which the same are to be expended, to be applied by the supervisors of such township to the purposes for which the same were raised.

SEC. 94. The supervisors of any township may put up and maintain, at the expense of their township, in conspicuous places at each end of any bridge in such township, maintained at public charge, and the length of whose span is not less than twenty-five feet, a notice, with the following words in large characters: "One dollar fine for riding or driving on this bridge faster than a walk."

SEC. 95. Whoever shall ride or drive faster than a walk, on Fino. any bridge upon which such notice shall have been placed, and shall there be, shall forfeit, for every such offense, the sum of one dollar.

for injury.

SEC. 96. Whoever shall willfully injure any bridge maintained Treble damages at the public charge, shall, for every such offense, forfeit treble damages; and he may be indicted and punished as provided by

law.

Miscellaneous Provisions of a General Nature.

sible for not bridge

SEC. 97. If any damage shall happen to any person, his team, carriage or other property, by reason of the insufficiency or want repair. of repairs of any bridge, or sluiceway, or road, in any township in this Territory, the person sustaining such damages shall have a right to sue and recover the same against such township, in any court having jurisdiction thereof; and, if such damage shall accrue, by reason of the insufficiency or want of repairs of a bridge, erected or maintained at the expense of two or more townships, the suit shall be brought against all the townships liable for the repairs of the same; and, upon recovery of judgment, the damages and costs shall be paid by such townships in the proportion. in which they are liable for such repairs; and the court may, in its discretion, issue execution against each township for its proportion only.

sible to township.

SEC. 98. If any such bridge, or sluiceway, or road, shall have Overseer responbeen out of repair in consequence of the neglect or default of the overseer of highways, of the district in which the same may be situated, then the township, against which any judgment shall have been recovered, by reason of such defective bridge, or sluiceway, or road, may bring an action against such delinquent overseer, and recover the amount of such judgment. SEC. 99. All trees, standing or lying on any land over which any highway shall be laid out, shall be for the proper use of the owner of such land, or person otherwise entitled thereto, except such of them as may be requisite to make or repair the highways or bridges on the same land, or within one mile of the same; but no trees reserved for shade or ornament shall be used for such purpose.

SEC. 100. Any person, owning or occupying land adjoining any highway, may plant or set out trees on each side of said highway, contiguous to his land, which trees shall not be set in the highway more than ten feet from the margin thereof; and, if any person shall cut down, destroy or injure any tree that may

Ornamental trees not disturbed.

Treos not mora than ten feet from fenoe.

Willful injury to guide-posts.

Injuries to highways.

Constructions of this act.

have been or shall be so planted or set out, or which shall have been left on the side of such highway for shade, he shall be liable to treble the damages to the owner or occupant of such adjoining land.

SEC. 101. Whoever shall willfully destroy, remove, injure or deface any mile stone or mile board erected on any highway, or shall willfully injure or deface any inscription or device upon any guide post or guide board, on any highway, or remove, destroy or injure any such guide post or guide board, shall be deemed guilty of a misdemeanor, and on conviction thereof, shall be fined, not exceeding fifty dollars, or imprisoned in the county jail, not exceeding three months, in the discretion of the court. SEO. 102. Whoever shall injure any highway, by obstructing or diverting any creek, water course or sluiceway, or by drawing logs or timber on the surface of any road or bridge, or by any other act, shall be liable in treble damages, to be recovered by the overseer of highways of the road district within which the injury was done, in his name of office, to be expended by him in the repair of the roads in his district.

SEC. 103. The provisions of this chapter, relating to highways and bridges, shall be construed to extend to all parts of the Territory, except where special provisions therewith have been or shall be made by law in relation to particular townships, counties, cities or villages.

SEO. 104. This act to take effect and be in force from and after its passage; and an act entitled "An act to provide for the opening, vacating and changing of highways," approved twelfth day of February, 1858, is hereby repealed, and all other acts or parts of acts inconsistent with the provisions of this act.

CHAPTER LXXVIII.

AN ACT regulating Inclosures.

1860-127 1865-91.

Be it enacted by the Governor and Legislative Assembly of

the Territory of Kansas:

inclosed, how.

SECTION 1. All fields and inclosures shall be inclosed with a All fields shall be fence, composed of posts and rails, posts and palings, posts and planks or palisades, rails alone, laid up in the manner commonly called a worm fence, or of turf, with ditches on each side, or a hedge, composed either of thorn or Osage orange.

deemed a suffi

SEC. 2. All such fences, composed of posts and rails, posts What shall be and palings, posts and planks or palisades, shall be at least four cient inclosure. feet and a half high; the lower rail shall not be more than two feet from the ground; those composed of turf shall be at least four feet high, and trenches on either side, at least three feet wide at the top and three feet deep; and what is commonly called a worm fence shall be at least five feet high to the top of the rider, or, if not ridered, shall be five feet to the top rail, and the corners shall be locked with strong rails, poles or stakes; and a fence composed of hedge shall be of such hight and thickness as will be sufficient to protect such field or inclosure.

hogs.

SEC. 3. That, in those counties where there is no hog law, the Fencing against bottom rail shall not be more than six inches from the ground.

mals trespassing

ages.

SEC. 4. If any horse, cattle or other stock shall break into any owners of aniinclosure, the fence being of the hight and sufficiency aforesaid, liable for damthe owner of such animal shall make reparation to the party injured for the true value of the damages he shall sustain, and be allowed to take into possession the animals so trespassing, and be entitled to keep the same until damages with reasonable charges for keeping and feeding, and all costs of suit be paid, to be recovered before a justice of the peace or in the district court.

animals to pay damages.

SEC. 5. If any person, damaged in his crops for want of such Persons injuring sufficient fence, shall hurt, wound, kill, lame or destroy, or cause the same to be done, by shooting, worrying with dogs, or otherwise, any of the animals mentioned in this act, such person shall satisfy the owner of such animal or animals in damages with

costs.