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Certified return of survey and plat.

Where to be recorded.

Expense to be paid by the counties.

Established

aforesaid upon the same, and upon a tree in its vicinity, if any there be, the bearing from the true meridian of the course, beginning at said angle post, set as herein directed, and note the bearing and distance of two trees in opposite direction, if there be any in the vicinity, from each angle and mile post. SEC. 3. The commissioners and surveyor of each road shall make a certified return of the survey and plat of the whole length of said road, specifying in said return the width, depth, and course of all streams, the position of all swamps and marshes, and the face of the country generally, noting when timber and when prairie, and the distance said road shall have been located in each county.

SEC. 4. Said return and plat shall be signed by a majority of the commissioners, and the surveyor of said road, and forwarded to the Secretary of the Territory, within sixty days after the view and survey of the same, to be by him recorded and preserved; they shall also, within sixty days as aforesaid, deposit in the office of the clerk of the board of commissioners of each county through which said road shall be laid, a return and plat, as aforesaid, of so much of said road as shall be laid out and established in said county, to be there recorded as aforesaid.

SEC. 5. The said commissioners shall, after the completion of the survey of any road as aforesaid, make out a certified account of all services rendered, as well by the surveyor and other hands as by themselves, charging to each county, through which said road may have been laid, a proportion of the expense, agreeably to the number of days employed thereon, and the board of commissioners of said county shall audit and settle the same.

SEC. 6. All Territorial roads, authorized to be laid width of roads. Out by any law of this Territory, and not yet commenced, shall be laid out in the manner prescribed in this act, and the commissioners shall comply with all the regulations herein contained; and further, the established width of all Territorial roads shall be seventy feet.

No part of expense to be

paid by Territory.

SEC. 7. When any road shall have been located and established agreeably to the provisions of this act, the same shall be and forever remain a public highway, and shall be opened and worked by the counties through which it shall be laid as county roads are; and no part of the expense of laying out

and establishing any Territorial road, or of the damages sustained by any person or persons in consequence of laying out any Territorial road, shall be paid out of the Territorial Treasury.

APPROVED, December 29, 1838.

ROADS.

AN ACT to locate and establish a Territorial Road, from Black Hawk, in Louisa county, via Wapello and Mount Pleasant, to the southern boundary line of the county of Van Buren, in a direction to Jefferson City, in the State of Missouri.

ers to locate

the road.

SEC. 1. Be it enacted by the Council and House of Representatives of the Territory of Iowa, That S. S. CommissionGourly, of Louisa county, Robert Caulk, of Henry county, and Silas Stone, of Van Buren county, be and the same are hereby appointed commissioners to locate and establish a Territorial Road, commencing at the town of Black Hawk, in Louisa county, thence the nearest and best route.to Wapello, in said county, thence the nearest and best route to Mount Pleasant, thence the nearest and best route to Washington, in Henry county, thence the nearest and best route to Bentonsport, in Van Buren county, thence to the southern line of said county, in a direction to Jefferson City, in the State of Missouri.

SEC. 2. That said commissioners, or a majority of Where and them, shall meet in the town of Wapello, on the when comm'rs second Monday in May next, and shall proceed to to meet. locate said road, according to the provisions of an act to locate and establish Territorial Roads; and if said commissioners, or a majority, shall fail to meet Failing to do at such time and place as is herein specified, it shall so, sheriff of be the duty of the sheriff of the county of Louisa to notify said commissioners, of a day to be by him appointed, of the time and place of a second meeting of said commissioners, who shall then proceed to locate said road as above directed.

SEC. 3. This act to take effect and be in force from and after its passage.

Approved, December 31, 1838.

Louisa to ap

point a day.

ROADS.

AN ACT to locate a Territorial Road, from the town of Du Buque, to
Keosauqua, in Van Buren county.

SEC. 1. Be it enacted by the Council and House of Representatives of the Territory of Iowa, That a Territorial Road shall be established, from the town of Du Buque to the northern boundary of Missouri, via the Territorial seat of government, provided the same is located in Johnson county, if not, then on the nearest and best route to Keosauqua, in Van Buren county, and thence southward to the line of Commission Missouri: And Simeon Clark of Du Buque county, William Chambers of Muscatine county, and Henry Filkner of Johnson county, are hereby appointed commissioners to locate such road from Du Buque to the southern line of Johnson county, who shall be at Du Buque on or before the first Monday in September next, and proceed to the discharge of the duties herein assigned them.

ers to locate part of the road.

Comm'rs to

continue the location.

Counties to

ses.

Compensation.

SEC. 2. Be it further enacted, That David Goble, of Washington county, John Williford, of Henry county, and William Billups, of Van Buren county, be and they are hereby appointed commissioners to locate and mark said road, from the place where the first named commissioners stop, to the line of Missouri, on the route above mentioned, who shall meet, on or before the first Monday of September next, in the town of Keosauqua, and proceed to the discharge of their duty.

SEC. 3. The county commissioners of the several pay the expen- counties, through which said road may pass, shall audit and pay the expenses, in their respective proportions to the amount of the road laid out in each. SEC. 4. The commissioners shall receive, each, two dollars and fifty cents per day for their services. Surveyor, &c., They may employ one surveyor on each end of the road, and such other hands as may be actually necessary to prosecute said work, who shall receive such compensation as a majority of said commissioners may agree upon.

may be employed.

County com. to open the road.

How road to be marked.

SEC. 5. The county commissioners of the several counties, through which said road passes, shall cause the same to be opened as soon as practicable after the same is surveyed.

SEC. 6. The commissioners shall mark said road, by blazing trees in the woods, and setting stakes in the prairies.

APPROVED, January 25, 1839.

ROADS.

AN ACT establishing certain Territorial Roads.

line.

SEC. 1. Be it enacted by the Council and House of Representatives of the Territory of Iowa, That Alfred Road from Hebard and Azariah Gregg, of Des Moines county, Burlington to and Meshack Sigler, of Van Buren county, be and Missouri State they are hereby appointed commissioners to lay out and establish a Territorial Road from the city of Burlington, in Des Moines county, as near as practicable on the township line dividing townships 69 and 70, north, through Salem, in Henry county, and Keosauqua, in Van Buren county, to the line of the State of Missouri, leaving said township line at such place as the said commissioners shall deem advisable. Said commissioners shall meet at the city of When commisBurlington, on the first day of August, 1839, or at sioners to meet. such time during the year 1839, as the said commissioners shall agree.

SEC. 2. Be it further enacted, That James Fanning, Road from Du John Paul, and Benjamin C. Pierce, be and they are Buque to Dehereby appointed commissioners to lay out a Terri- laware county. torial road, running the most practicable route from Du Buque to the settlement in Delaware county;

to meet.

and the said commissioners shall meet at the town where and of Du Buque, on the first Monday of June next, or when comm'rs on such other day as the said commissioners may agree, and proceed to the discharge of their duties under this act.

Linn.

SEC. 3. And be it further enacted, That Isaac Road from Mitchell, of Linn county, John G. Fay, of Cedar Bloomington to county, and Jonathan Pettibone, of Muscatine county seat of county, be and they are hereby appointed commissioners to lay out a Territorial road commencing at Bloomington, in Muscatine county, thence to Rochester, in Cedar county, and thence to the county seat of Linn county. Said commissioners, Where and or a majority of them, shall meet at Bloomington, when comm'rs on the first Monday in May next, to discharge their to meet. duties.

SEC. 4. Be it further enacted, That Richard Knolt, Road from Du of Cedar county, Calvit Roberts, of Du Buque Buque to Rocounty, Calvin Reed, of Jones county, be and they chester. are hereby appointed commissioners to lay out and establish a Territorial road on the post route from Du Buque, by way of the post route of the seat of justice of Jones county, to Rochester, in Cedar county. Said commissioners, or a majority of them,

Where and

shall meet at the town of Du Buque, on the first when comm'rs Monday in June, 1839, or at such time of the year of 1839 as the majority of them may agree, and proceed to discharge their duty.

to meet.

Road from S.
Hearn's to
West Point.

No time appointed for meeting of comm'rs.

Road from Ke

Pleasant.

SEC. 5. And be it further enacted, That William Howard, Thomas Douglass, and Samuel Hearn, of the county of Lee, be and they are hereby appointed commissioners to mark and lay out a Territorial road, commencing at Samuel Hearns, on the Des Moines river, in Lee county, thence on the nearest and best route to the town of West Point, in said county. Said commissioners, or a majority of them, shall meet on the first

SEC. 6. And be it further enacted, Thomas W. Tayokuck to Mount lor, of the county of Lee, and William Morrow and Larkin Johnson, of Henry county, be and they are hereby appointed commissioners to mark and lay out a Territorial road, commencing at the town of Keokuck, thence up the Mississippi as near as practicable to the town of Montrose, thence on the nearest and best route to Mount Pleasant, in the county of Henry. Said commissioners to meet at Keokuck, when comm'rs on the first Monday in May next, to discharge their duties.

Where and

to meet.

Road from ferry opposite Oquaka to Napoleon.

Road from Da

SEC. 7. And be it further enacted, That Samuel Brewer and Jacob Rinearson, of Louisa county, and John Gilbert, of Johnson county, be and they are hereby appointed commissioners to locate and establish a Territorial road, commencing at the ferry landing opposite Oquaka, Illinois, thence on the nearest and best route, via Florence and Wapello, in Louisa county, to Napoleon, in Johnson county.

SEC. 8. And be it further enacted, That Alfred Carvenport to seat ter, Warren Stiles, and A. F. Russell, of Scott county of justice of be and they are hereby appointed commissioners to Linn. mark and lay out a Territorial road, commencing at Davenport, in Scott county, thence to Hickory Grove, thence to Poston's Grove, thence to Red Oak Grove, thence to the Pioneer Grove, thence to Big Linn Grove, thence to the seat of justice of Linn county. Said commissioners to meet, or a majority of them, when comm'rs to discharge their duties, at Davenport, on the first Monday in May next.

Where and

to meet.

Road from Fort
Madison to
Iowa City.

SEC. 9. And be it further enacted, That John Box and Lewis Pitman, of Lee county, and John Reynolds of Van Buren county, be and they are hereby appointed commissioners to lay out a Territorial road, commencing at Fort Madison, in Lee county,

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