of viewing.

line of road to

notice.

shorter or nearer route; nor shall the line of any such road, of any county, be so changed that the same may not connect directly with the continuation of such road in any adjoining county or counties.

Petitioners to SEC. 5. Whenever a petition, signed by not less than fifteen bear expense house-holders of such county, shall be presented to the board of commissioners of any county praying for a public road to be laid out within such county, designating the termini and general course of such road, the petitioners shall deposit with the county clerk a sum sufficient to defray the expense of viewing the proposed road, to be fixed by the board of county commissioners; such board shall appoint a day for the hearing of such petition, and shall forthwith direct that some one of the petitioners, Persons on the at his own expense, serve a written notice upon every person be served with residing upon any of the lands across which it is proposed to lay out said road, setting out the substance of such petition, and the time appointed for hearing the same, and that the clerk post the like notice upon the door of his office not less than ten days before the hearing of such petition. Upon the day set for the Duties of com- hearing of such petition, if it appear that such notices have been given, as above required, the commissioners shall proceed to hear the allegations and objections of the petitioners, and of all persons objecting, and if it shall appear to them that such road is necessary, or that it is expedient to locate the same, they shall proceed to appoint three disinterested house-holders of the county as viewers, to view and locate such road, and to make, or cause to be made a survey and plat thereof, to determine the probable expense of opening the same, so that such road may be traveled, and to assess and equalize the damages and benefits which may accrue to any and all owners of lands over which such road is to be located. The county commissioners shall, also, at the time of the appointment of such road viewers, fix and publicly announce a day and place for the meeting of such viewers, not less than ten days subsequent to the day of such appointment.

missioners.

Warrant of co. clerk to be

SEC. 6. Immediately after such appointment, the county clerk serv'd by sher shall issue a warant directed to the viewers appointed, setting forth iff or deputy their appointment, and requiring them to meet on the day, and at the place named, by the board of county commissioners, and to proceed thence to view and locate such road, and survey or cause the same to be surveyed and platted, and return the said plat with their assessment of the damages and benefits, in each case accruing or resulting to the owners of any lands over which said road may pass, by reason of the location thereof, and the probable cost of opening such road to travel, into the office of the county clerk on the first day of the next regular meeting of the board of county commissioners. Such warrant shall be delivered to the sheriff, or to any of his deputies to be served, and the sheriff or his deputy, as the case may be, shall serve the same by delivering a copy thereof to each of the persons named or indicated therein as viewers of such contemplated road; the original of such warrant shall be. returned to the county clerk with the indorsement of service thereon. viewer Any person appointed a road viewer as provided in this act, who neglecting, shall wilfully neglect or refuse to act, shall forfeit the sum of fifty

Road

dollars to the county, to be recovered by action of debt in the name of the county before any justice of the peace.

SEC. 7. In case any person appointed a road viewer as provided Refusal to act. in this act, shall refuse or be disqualified to act, or cannot be found, the board of county commissioners may appoint some other person to act in his stead.

make return.

SEC. 8. If the viewers appointed fail or omit to make their Failure to return on or before the day named in the warrant, for the return thereof, the same shall be deemed to be continued to such day as the county commissioners may designate, or until the next regular meeting of the board, if no day be designated.

signated.

SEC. 9. The viewers appointed shall designate and mark out Road, how desuch road as located by them, either by stakes, or by turning a furrow upon both sides of the proposed road on prairie, meadow lands or plains, and by blazing trees, or by other appropriate and easily discernible land marks, in wooded lands or in mountainous regions.

cide whether

SEC. 10. Upon the return of such plat and assessment, the com'rs to deboard of county commissioners shall proceed to consider the same, or not located. and all objections which may be made thereto, and they shall determine whether such road shall be opened and located or not; and if in their judgment it may appear beneficial or necessary, they may refer the matter of such viewing and assessment to the same or other viewers, with directions to report in like manner.

SEC. 11. Whenever, in any case, the damages accruing to any Damages. person by reason of the opening of such road, shall exceed the benefits to him, according to the report of the viewers, the excess shall be paid by the county, and the commissioners shall issue scrip therefor.

when

SEC. 12. Upon the payment of all such damages or the excess Road or highthereof over the benefits, to the owners of any lands taken for a damages are the opening of any such road, such road shall, upon the order of paid. the county commissioners to that effect, be and become a public highway.

ful to locate.

SEC. 13. In locating or laying out any road under the provis- Where unlaw ions of this act, it shall not be lawful to locate the same through any dwelling house nor within thirty rods thereof, nor through any barn, stable, office, mill or other building, nor through any garden, orchard or stable-yard, appurtenant to any dwelling house, without consent of the owner of such premises.

SEC. 14. All Territorial and other public highways, hereafter width of roads located and laid out under direction of the Legislative Assembly

or county commissioners of any county, shall not be less than sixty nor more than eighty feet in width.

SEC. 15. When any public road heretofore laid out, or traveled Fords. as such, or hereafter to be laid out or traveled as a public road, crosses any stream of water, and such stream is, at any time during the year, fordable where such road crosses, or shall cross the same, the said ford and the banks of the stream adjacent thereto, and the roadway or track usually traveled leading to and from such highway to and from such ford, shall be deemed and taken to be, a part, portion and continuation of such public road and highway.

Obstructions. Any person who shall obstruct any such ford, or the road leading thereto, or shall dig down the banks of such ford, or who shall erect any dam, embankment or other obstruction in such stream, or any wing dam, or other obstruction, upon the banks or edge of such stream, for the purpose of raising the water of such stream upon said ford, so as to render the said ford impassable or more difficult of passage than heretofore, or who shall maintain any such dam, wing-dam, embankment or obstruction heretofore erected, after being required by the road overseer or other authorized person, of the district wherein the same is situated, to remove or abate the same, shall be liable to the same penalties as for obstructing a public highway.

No toll bridge.

Bridge, when

built by contract.

Notices.

Proviso.

Obstructions.

Penalties.

SEC. 16. No person or persons, company or corporation, shall, upon any pretense or authority, be permitted to erect a toll bridge over any stream at, or upon, any public ford or road crossing, or so near thereto as, by the abutments, embankments, [or] piers of such bridge, to obstruct or render impassable the said ford or the roadway leading thereto.

SEC. 17. When any bridge is to be built upon any public highway, the estimated cost of which shall exceed fifty dollars, the work shall be given out, and such bridge constructed, by contract; and the county commissioners shall cause notices of such contract to be let, to be published for three consecutive weeks in any newspaper published within the county, or, if no newspaper be published in the county, they shall cause written or printed notices of such contract to be let, to be posted in two of the most public places in such county, and one such notice on the door of the court house, or of the building used as court house in such county, thirty days before the letting of such contract, and all such contracts shall be awarded by the county commissioners to the lowest responsible bidder; and the commissioners are hereby authorized to contract for other necessary improvements upon the public roads and highways in the same manner as provided in the case of bridges; Provided, That when any bridge is to be built or other improvement made, as provided in this section, the county commissioners may award such contract in such manner as to them shall appear just and equitable for the county.

SEC. 18. If any person shall wilfully erect, or place, or cause to be erected or placed, within, or upon, any highway or public road, any obstruction, or shall wilfully obstruct or encroach upon any public highway, by felling trees or placing stones therein, or by erecting any fence, house, or other structure therein, or if any person shall tear down, burn or destroy, or in any way maliciously or wilfully injure, any bridge upon any public highway, every person so offending shall pay a fine of not less than one hundred dollars nor more than three hundred dollars for such obstruction, and a fine of twenty dollars for each day that such obstruction shall be suffered to remain in such road, after notice shall have been given for the removal thereof; and for wilful or malicious injury to any bridge, as provided in this section, the penalty shall be four fold the cost, or estimated cost, of repairing such damage, or imprisonment therefor at the rate of one day's confinement for each two dollars of such damage.

damage by

SEC. 19. No person or persons, company or corporation, shall, No person to by virtue of any franchise, charter or law granted, or made for water. any mining ditch, milling, irrigating or other purpose whatsoever, be permitted or allowed to dam the water of any stream in this Territory, so that the water or waters raised by such damming shall flow back to a higher point or mark on the margin of such stream than high water mark, or so that the water thus dammed shall overflow any public road or highway running or being situated on the side or banks of such stream, or so as to cause the water so dammed to undermine, weaken or damage any bridges, walls or embankments of such road.

SEC. 20. Any person or persons, company, or corporation vio- Penalties. lating the provisions of section nineteen of this act, shall be liable to a fine of not less than ten dollars, nor more than five hundred dollars, and shall also be liable to the party injured for any damages resulting therefrom.

SEC. 21. Whenever the owner or owners of any ditch, race or Ditches to be drain for mining, milling, manufacturing or other purposes, shall bridged. fail, neglect, or refuse to construct a bridge over such ditch or canal, whenever the same crosses a public highway, within thirty days after this act shall have been promulgated by means of print in pamphlet or book form, or in any official newspaper, every such person or owner, and every officer and trustee of any company or corporation owning such ditch, shall be liable to a fine of fifty dollars, and a fine of five dollars for every day that such ditch Fine. shall remain unbridged after the time specified in this section.

SEC. 22. The board of county commissioners of each county Tax. shall levy such a tax for the purposes of this act as is provided and authorized by the law providing for a Territorial and county

revenue.

coverable.

SEC. 23. All fines, penalties and forfeitures provided by this Fines, how react, when not otherwise specified, shall be recoverable by action of debt in the name of the people of Wyoming Territory, or by indictment before any court of competent jurisdiction. All such fines, penalties and forfeitures, shall be paid into the county treasury, and shall become a part of the fund for the construction and repair of roads and bridges..

SEC. 24. This act to be in force and take effect from and after the time specified in section twenty-one.

Approved, 9th December, 1869.

Superintend

ent.

Duties of the superintend't.

Genera! pervision.

su

CHAPTER 103.

SCHOOLS AND SCHOOL PURPOSES.

AN ACT Providing for the Organization of School Districts, Schools and for Other
Purposes.

Be it enacted by the Council and House of Representatives of the Ter-
ritory of Wyoming :

Superintendent of Public Instruction.

SECTION 1. The Territorial librarian shall be, ex officio, superintendent of public instruction, and shall perform all the duties which, by this act, or any law of the Territory, pertain to that office.

SEC. 2. The duties of superintendent shall be as follows: He shall file all papers, reports and public documents transmitted to him by the school officers of the several counties, each year, separately, and hold the same in readiness to be exhibited to the gov ernor, or to any committees of either house of the legislative assembly; and shall keep a fair record of all matter pertaining to the business of his office. He shall have a general supervision of all the districts schools of the Territory, and shall see that the school system is, as early as practicable, put into uniform operation. He shall prepare and have printed, suitable forms for all reports required by this act, and shall transmit the same, with such instructions in reference to the course of studies as he may judge advisable, to the several officers entrusted with their manall further agement and care. He shall make all further rules and regulaand reg- tions that may be necessary to carry the law into full effect, acording to its spirit and intent, which shall have the same force and where to m'ke effect as though contained herein. He shall make a report to the legislative assembly on the first day of each regular session thereof, exhibiting the condition of public schools, and such other matters relating to the affairs of his office as he may think proper to communicate.

He shall make

ulations.

When and

his report.

Certificates to teachers.

Teachers' institute.

SEC. 3. One copy of all books, maps, charts or school apparatus, which may be received by the superintendent of public instruction, from publishers, inventors or manufacturers, shall be placed by him in the public library of this Territory.

SEC. 4. The superintendent of public instruction shall also have power to grant certificates of qualification to teachers of proper learning and ability, to teach in any public school in the Territory, and to regulate the grade of county certificates.

SEC. 5. The Territorial superintendent of public instruction, with the several county superintendents, shall hold annually at some convenient place, a Territorial teachers' institute, for the instruction