Rising Sun Times, Volume 3, Number 135, Rising Sun, Ohio County, 11 June 1836 — Page 2

LAW OK INDIANA. An Act foropeiiing ami repaiiing TuMic Uoads and llis;liwaj. Arrnovi d, vepruart 10, 1 S3 1 ."j Sec. 1. Beit enacted by the General Jcmbly of the .tote f Indiana, That all public roads ami highways shall be opened, amended and repaired, agreeably to (he directions of this acl; and the boards dointj county business shall have authority to make and enforce all orders necessary, as well for establishing and opening new roads, as to change or vacate any public road or part thereof in their respective counties. Sr.c. 2. Applications for new roads shall he made by petition, signed by at least twelve freeholders of the township or townships in which such road is desired, (three of whom shall he of the immediate neighborhood,) specifying the proposed beginning, course and termination thereof. Sec. 3. Notice of each intended Application shall be given be advertisement in two or more public places, in said township or townships, at least twenty days prior thereto. Six. 4. The said board, when the petition is presented and publicly read, and upon proof of notice as above, frhall, if they deem the road prayed for necessary,appoint three disinterested freeholders of the county as viewers thereof. Sec. 5. The said viewers, or a maority of them, having taken an oath or affirmation faithfully and impartially to discharge their duties, shall proceed to view the route proposed, and if they deem it of public utility, lay out and mark such road on the best ground that can be olbaincd, not running through uny person's enclosure, of one year's standing, without the owner's consent, unless a good way cannot otherwise be had. SecvC. The said viewers, or a majority of them, shall make and certify a copy of their proceedings to the ensuing session of the board, when the same shall he publicly read; and if no objection be made to such proposed highway, the said board shall cause a

record thereof to be made, and order the said road to be opened and repaired n necessary width, not exceed forty feet, which shall thenceforth be a public highway. Sr.c. 7. If any person through whose land the said road may run, feels aggrieved thereby, such person inaj ect forth his, her or their grievances byway of remonstrance, and the said hoard shall thereupon appoint three day and place for them to meet. Sec. C. The said freeholders, haung had five days notice from either of the 'parties, shall meet and take nn oath or affirmation, faithfully and impartially to discharge me duties assigned, i ney shall then, cr on any other day (prior to the next session) to which the majority may adjourn, proceed to review the proposed road, and assess the damages, if any, which such objector cr objectors will sustain from such road being opened and continued through his, her or their lands, and shall report the same to the ensuing session of the board. Sec. 9. If the majority of said reviewers assess and report damages in favour of the objector or objectors, the costs and damages shall b: paid out of the county treasury; but if the majority repoit unfavorably, the objector or objectors shall pay the costs; and in cither case, said road shall be opened and recorded. Six. 10. If any three freeholders, of any township or townships, through which the proposed road may run, shall object, at the time and in the manner aforesaid, to the same, as not ol public utility, other viewers shall be appointed, who shall proceed as hefore directed. Sec. 11. If the majority of said viewers report against the utility of said road, the same shall not be established, unless the petitioners will open and maintain the same at their own expense, and in cither case the petitioners shall pay the costs that 6hall have accrued; but if they report favorably thereto, the objectors shall pay the costs of the review, and the road ordered to be opened and recorded. Skc. 12. Any pei son or persons wishing to cultivate land through which any road may run, may petition the hoard, for permission to turn such road on his, her or their own land, or the land of any other person consenting thereto, at his, her or their expense. Sec. 13. Three viewers shall thereupon be appointed, who shall proceed to view the same, and report the respective distances and situation of the ground of the established and the proposed road. Sec. 11. If upon the report, the hoard being satisfied that the public will not be materially injured by such

change, they shall order the same; and upon satisfactory assurance of said road being opened, equally convenient for travellers, the board shall vacate so much of the former road, as lies between the different points of intersection, and record said reviewer's report. Sec. 15. Any person or persons desiring to change any state road, passing through his, her or their lands, may apply for that purpose to the circuit court of the proper county, by peti

tion, signed by twelve freeholders of the proper township or townships, particularly setting forth the part so prayed to be altered. Sec. 16. The said court shall thereupon appoint three disinterested freeholders of the proper county, as commissioners, who shall meet within forty days thereafter, and having taken an oath or animation, faithfully and impartially to discharge the duties assigned, proceed to view the established and proposed road, and if justice and the public good require such alteration, they shall lay off and mark such new way, and report their proceedings in writing, under their hands and seals, to said court; which shall be tiled and recorded in the clerk's office, and such alteration shall be a part of said state road, and opened accordingly, and the old part vacated. Sec. 17. That when any state road is opened, it may he changed agreeably to the two foregoing sections; but the old road shall not be vacated, until the person or persons applying for such alteration, shall cut, open and repair the new; fully equal to the old road. bEC. IS. W hen any alterations as aforesaid shall be proposed to extend from one county, into another, twentyfour freeholders of either, may file their petition, selling forth the part of the road proposed to he altered, with the clerk of the circuit court of the pro per county, at least forty days before the term at which they may make such application. Sec. 19. Ihe clerk of said court shall forthwith notify the clerk of the adjacent county in writing, that such petition has been filed, and transmit him a copy thereof. Si:c. 20. The clerk receiving such information and copy, shall lay the same before the circuit court of his county, on the first day of its next term. Sr:c. 21. The said courts respective Iv shall appoint, on the part of each county, three disinterested freeholders as commissioners, and tne couu re ceiving the copy, shall set a time, (not under forty da)s) for the meeting ot the respective commissioners, at thedi viding line of said counties, and as near as may be to the point where the proposed road crosses. Sr.c. 22. The clerk of the said last mentioned court shall forthwith give written information, to the sheriff of the county where the original petition was filed, of the time and place of meeting of such commissioners. And (he sheriffs of said counties shall noti fy, respectively, the commissioners, at least ten days before the meeting. Sec. 23. Tliecomrnissioners appointed as aforesaid, shall meet at the lime and place specified, and after taking the proper oath or aihrrnalion, proceed to discharge the duties assigned, being governed by the requisitions of the sixteenth section of this act, except that the commissioners shall report their proceedings, at the next term of said courts, respectively. Sec. 21. If the majority of said commissioners report in favor of anal teration of such road, the said courts upon being satisfied that the provisions of the seventeenth section of this act have been complied with, by opening the new way, shall cause so much of said road as lies in each county, to be recorded as a stale road, and vacate the old one. sec. 25. lhat the commissioners appointed under the provisions of this act, and the surveyors, chain bearers and markers they may necessarily cm ploy, shall severally receive such rea sonable pay as the court may allow which, together with all legal cost shall be paid by the person or persons applying tor such alteration. Sec. 2G. Any twelve freeholders of a township or townships, may make application to the proper board, by petition signed by them, for the vaca lion of any road or highway, as useless and the repairing thereof an unreason able burthen to the township or town ships. Sec. 27. The said petition 6hall be publicly read, on two different days of the session at which it is presented and the matter continued without fur ther proceedings to the next session. Sec. 23. At the ensuing session, the same shall be again publicly read, arid if no remonstrance be made thereto

in writing, signed by twelve freeholders or householders, the board may proceed

to vacate such road or any part thereof ; and the costs and charges shall be defrayed by the county. Sec. 29. If a remonstrance in man ner aforesaid be made, the board shall appoint viewers, who shall be governed as those appointed in similar cases. 1 he judgement ot the board shall be conclusive in the premises, unless the samebe appealed from, in nine months, to the circuit court ot the proper county; which court is authorized to hear and determine the same, and the decis ion shall be final and conclusive. Sec. 30. Any person, for his conve nience, may have a cart way, not exceeding eighteen feet in breadth, laid out from or to any plantation, dwellinghouse or public highway, on petition to the proper board, (having advertis ed his intention?, as required by this act,) which board shall cause the same to be publicly read, and if they think proper, order a view of the same. Sec. 31. Said cartway shall, in the discretion of said board, be recorded and declared a common cart way, for the use and convenience of the public. and shall be opened by the persons peti tioning thereior. Sec. 32. If the said road shall be laid out through any persons land ob jecting thereto, the damages shall be assessed as is provided incase of objec lion to public roads and highways, which being paid by the person apply ing for such way, he may proceed to open the same agreeably to the order ot the said board. Sec. 33. If the owner or owners of any land through which such way passes, be desirous of improving the same, he, she or they may be permitted to turn the same, on as good ground, not increasing the distance more than one twentieth, on application to said board. Sec. 34. Any person may be permit tea ty said hoard, to hang swinging gates upon said cart way, but shal Keep tne said gate or gates in good order and repair, under a penalty of one dollar for every oflence, to be re covered before a justice of the peace of the proper county, by any person prosecuting for the same, one moiety to the prosecutor, and the other towards keening said way in repair. Sec. 35. That all male inhabitants betweeu the ages of twenty-one and fifty years, (persons exempted by lav orexcused by the hoards doing county business, tor good cause shown, except cd,) shall work public roads and high ways, two days m each year. Sec 3G. All persons, non-residents included, being the owners of any rea estate, shall pay as a road tax thereon an amount equal to one half of the state tax chargeable thereon ; but each person may discharge the road tax thus imposed, by working under the supervisor of the road district, where the real estate may be situate, at the rate ot hiiy cents per day. Sec. 37. The clerks of the circuit courts shall make out a list of the names of all persons holding real estate whether by patent, deed, bond, or oth erwise, and annex the amount of road tax charged thereon, and deliver the same to the proper supervisor, on or before the first day of June; and the said supervisor shall hand over the same to his successor. Sec. 33. The said clerk, when he makes out the duplicate for the current year, shall enter in a seperate column 1 1. r a i uie amount oi me roaa tax assessed upon real estate, of all non-resident proprietors, the gross amount of which he shall certify to the treasurer, at the same time he certifies the amount of the public revenue. Sec. 39. The collectors of the state and county revenue, of the severa counties, shall collect the said road lax so assessed, as county revenue is col iected; and if the same be not paid such lands shall be sold, at the time and in the manner provided for the sale of non-resident lands for slate and county taxes, and pay it over, when collected to the county treasurer: Provided, That said collector, shall receive inpaymen of such road tax, the certificate or re -! A i . I teipr. or tne supervisor ot the proper road district, and file the same with the said county treasurer. conclusion next week. The spirit of improvement is abroad in our town; active preparations are making for the erection of business and dwelling house?, the present season? and there are already manv in rani,! progress. A ship-yard has been estab lished here, and the building of steamboats has commenced, and it is carried on with a spirit worthy of the enternri sing eentlemen who have cast their Inte among us, with a settled determination to call the attention of the public to

our advantageous position for such bu

siness. Our citizens should take them

by the hand and give them all the aid in their power. We most heartly hid them God speed in their undertaking. Uur corporate authorites have taken hold of the work of improvement with an energy that gives us an assurance of success. They have commenced a wharf at the end of Walnut street, which is progressing steadily and will be completed in a short time, and or dered the grading, gravelling, and cur bing of several streets from one end of the town to the other. Ihe various improvements now roing on in Madison, open a field for the enterprising mechanic, found in few towns of its size in the west. Laborers, too, of every description, are in de mand; they command the highest prices and meet with ready employment as soon as they land on our shores. Many have already come among us, and are profitably employed; there is room lor many more. Jlad. Banner. The Supreme and District Courts are now in session. Charles II. Dewev, Esq. has been appointed a Judge of the Supreme Court, to fill the vacancy occasioned by the resignation of the Hon. S. C. Stevens. A better appointment could not have been made. We cannot look upon the acceptance of Mr. Dewey in any other light, than as a sacrifice of private interest to the public good. Indiana Democrat, June 1. We learn, through a channel entitled to entire confidence, that the health of the venerable sage and patriot, James Madison, is very feeble. He has had a febrile indisposition, which has reduced him greatly. But, although his condition is precarious, it is hoped that he may still recover. The intellect of this illustrious man is still unclouded; but his capability of expressing himself is greatly impaired by debility, which is so great that the slightest exertion or excitement is distressing to him; and it has been considered proper to prevent his attention to business or to company. This information may perhaps be useful in saving trouble to those who might otherwise desire to converse cr correspond with him. National Intelligencer. NEW TOWNS. There are quite a multitude of newtowns springing up in every section of this country, all along both sides of the Mississippi and its tributary streams. The newspapers are filled wilh advertisements of the sales of lots in these new sites. Almost every commanding location and central point on these northern rivers, arc laid off into towns, and they are rapidly settling and improving. We observe a new town is to be laidjoff on the Mississippi, at a point of the river called 'the Narrows,' just above Little Rock island. It is to 'go ahead' under the far-famed cognomen of 'New York,' Mr. J. M. Barllett, proprietor. Stephenson, has already increased to quite a 'sizeable' town; buildings are rapidly going up, and real estate has risen to a very profitable value. Davenport is handsomely situated, and must some day become a beautiful and flourishing town. Savannah, at the mouth of Plum river, is another little town, something over a year in growth, very conspicuously situated for business, but its local advantages are very superior. Bellevieu is a little town just below the mouth of I ever river, on the west bank of Ihe Mississippi, situated on a high prairie, and good landing for boats it has greatly increased in size within the last year. In the territory east of the Mississippi, the same spirit of improvement, is awake. A town has been laid off at the English prairie, on the Wisconsin, and one twenty miles above. Just so on Rock river a town ha3 been located at Dixon's Ferry, one at the Prophet's village, 30 miles below ; one at Buffalo grove, 12 miles from Dixon's; and one also on the Feketoneca, a tributary stream of Rock river, to be called Ransomsburgh; while still further cast, in the vicinity of the lake, in the Green bay country, towns are springing up and settling without number. These eviden ces are conclusive, of the rapid increase in the population of the country, and its improvement. Lots in many'of these towns have sold at very commanding prices and their purchasers are generally men of enterprise and substance and actual settlers. We had almost forgot to mention the new town at While Oak springs, one at riattville, and one at the East Piatt Mounds. The sale of lots in this latter town, is to take place on the 23d inst. John Atchison, proprietor. The sales at the Springs and Plattville have already taken place. Galena Gazette. Emigration. Upwards of thirteen hundred passengers lately arrived at New York in one day, from Europe.

. MEXICO. The New Orleans Courier, of the 14th ult. states lhat the schooner Louisiana, arrived that morning, in 7 days from Tampico, and reports that 300 men were shortly to leave that place to join the army of Santa Anna. The Courier remarks: "The news of Santa Anna himself being captured had been received there, but caused no excitement whatever. After this we hope none will indulge in the chimera that Santa Anna is in Mex

iconot a reasonable doubt can remain but that he is in Texas, in the possession and at the mercy of General Houston, who will doubtless make good use of him. The Louisiana brings $2G0,00O in specie, which we think goes to show that the trade between the two countries will not in any manner be interrupted by the position of affairs in Texas. We believe that the Mexicans are sick of Santa Anna, and would willing. ly acknowledge the independence of Texas to get rid of him." GEN. HOUSTON TEXAS, &C. By the Tuscarora, arrived yesterday from New Orleans, we received the New Orleans Bee of the 23d ult. from which we copy the following authentic intelligence. Texas. In the schooner Flora just arrived yesterday, came passenger General Samuel Houston, commander-in-chief of the Texian army, for the purpose of obtaining medical advice,- being badly wounded. By him we have the official confirmation of the battle of the 21st ult. and the capture of Santa Anna. Former accounts are substantially correct. Santa Anna was at Velasco under a strong guard. The army was left under command of Rusk, secretary of war, who had been elected by the army, brigadier general. The Texian forces had accumulated since the battle to 1C00; and had advanced to and were crossing the Brazos, flushed with victory. The Mexican army, under Seism.i and others, had all concentrated, and amounted to 2500 men, the remnant of 7000 who entered Texas. They were crossing ihe Colorado by rafts and swimming, and were in the utmost confusion. Those who escaped the battle of the 21st, reported that it had been fought by 5000 Texians. Col. Burleson was close to the enemy, with 200 cavalry, and they were retreating before him. 250 Mexicans surrendered, after burying a piece of cannon, to two officers and 50 Texian soldiers. All was panic and confusion in the Mexican army. Santa Anna had offered an armistice, which had been refused; he had made further offers to acknowledge the independence of Texas, making the Rio Grande the boundary line, and reinaiuing a hostage until the government of the United Stales should consent to gaurantee the treaty, and it should be approved by the Mexican Senate. Texas was considered safe, and the war ended; and the Mexican army would probably be totallydestroyed. Gen. Houston had a cane presented him by Santa Anna, and also his saddle. We are informed by the mate of the sehr. Flora, that Santa Anna and his officers were treated with Ihe greatest respect by the Texians, and that every thing conducive to their comfort was afforded. What a contrast this wilh the treatment the Texians received at the hands of the Mexicans! The mate of the Flora has the hat which Santa Anna wore while in disguise. Two of his men were brought here by General Houston. They are on board of the Flora. Santa Anna's saddle may be seen at Richardson's hotel, Common-street. The St. Louis Commercial Bulletin of the 25th says it has been informed by Capt. Hunt, of (he steamer Mogul, who arrived the day before from New Orleans, that a few minutes previous to his departure from the latter city, "a boat arrived from Red River, bringing an authentic account of the execution of Gen. Cos, after having been regularly tried and convicted for his atrocious outrage against the laws which govern belligerents in all civilized countries-" Cos violated his parole of honor, and justly incurred the liability of death, uui we uiuiK it isdoubttul whelhcrlhe penalty has been exacted. Gen. Houston would scarcely execute Cos, while in treaty with his brother-in-law, Santa Anna. A letter from Texas, published in the Natchez C ourier of the 19th inst stales, that Gen. Ball formerly of the U. S. lias surrendered his command of 1200 Mexicans to General Houston, as prisoners of war, by order of Santa Anna.