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(4)

"If any person through whose lands any public highway is established, is desirous of turning such road through any other part of his lands, such person may, by petition, apply to the County Commissioners to permit him to turn such road through another part of his land, without materially increasing the distance to the injury of the public; and on receipt of such petition, accompanied by a sufficient bond to pay the costs and expense to be incurred thereby, the Commissioners may appoint three disinterested viewers and surveyor, if they deem it necessary, who must view the ground over which the road is proposed to be turned, and ascertain the distance such road will be increased by the proposed alteration, and a report in writing, stating the several distances so found, together with their opinions as to the utility of making such alterations; and if the viewers report to the Commissioners that the prayer of the petition is reasonable, the Commissioners upon receiving satisfactory evidence that the proposed new road has been opened a legal width and in all respects made equal to the old road for the convenience of travellers, may declare such new road a public highway and make record thereof and at the same time vacate so much of the old road as is embraced in the new; and the person petitioning for the alteration must pay all the costs and expense of the view and survey, if ordered".

In the treaty of 1855, Act. 111, contains the following provision:

"And provided that, if necessary for thepublic convenience, roads may be run through the said reservation, and, on the other hand, the right of way with free access from the same to the nearest public highway is secured to them, asalso the right, in common with citizens of the United States, to travel upon all public highways."

In the treaty of 1863, Act. VIII provides: