South Branch intelligencer. [volume] (Romney, Va. [W. Va.]) 1830-1896, 1874-05-08

care in every case Of an esta abiishsd poaI
road not 10 discontinue The same nntil 40
other has been established But this secs
ton shall not apply ID auy turnpike road
which has baen OF ahalI be transferred % /
any county BY the state.
8 4 Every comfy road here etofore estabr
ishsd sad opened pursnant 70 laR and
which has nos 5egn lawfully discontinued
of qaoated shall ;ihis is such, subject
Eto tho progisiO1s u % chapters unti pro-
pei disoous g every Foad worked
4 pul,iic TuS der fhe direction Of 4
surveg6f u r6ad shall ID sIl courts and
places 81 daeenIel pa iic Eoad Thefoads,
and 81 Iaad5ngs transferred b
IS Seegt1 counties a which
assd siilcrss stas be Itzst sta-a
ed IS esGnty reads, bridges aud 1dIngs.
81. When any road is salfered the formeT
road shall be discontinued to ths extent OF
sueh alteration and no furtas E, and the new
one established. ,a,.,
S3. Not moro tbsn Two cores Of land
Eshal be condemned For any landing, And
no road or lending shall be established by
the county of a county upon or through
any lot in an incorporated village, town or
city,without heeonse off Ibe ccupcil thereof.
81 No bridge, unless it be exclusively
for footmeu, shaft be less than twelve feet
wide. Every read shall be thirty feet wide,
unless recount y court order tito be ofdit:
fsren} width. The grade of any road 70 be
hereafter established sbEQ not exceed i've
degrees unless specially authorized by the
county court of The county. +.
35 WhepaaS person desires the ablshment
or alteration Of q public road, brigde or landing
| in any county, or private road for his own con-
venience, he shall petition tic county court there
Of for that purpose, setting forth IN his petition
/ specifically the nature aud location Of the pro-
1 posed work; and The county court shall thereup-
4 on land they may do so without such petition in
any case.in which they deem the interest OF the
people of thee county requires it, appoint two or
| more viewers or a committee of their own body,
to view the ground and eport the advantages
and disadvantages which in !their opinion, will
result as we'll to individuals as 10 the public
| from the proposed work, end the facts and cir
cumstances that may be useful to enable the court
to determine whether such work ought to be un-
dertaktn by the county, stating specially in Ell
ther case, whether it would be necessary to fake
! euY yard; garden, orchard or any part the col,
or to iniure or destroy any building tse prob.
able cost Of the work in case OF public ROAD, !,
the names Of the land owners whose property
would. have to be taken or injured, which Of
them requires compensation, and the probable
amount 10 which each of them would be entitled.
The viewers or committee may examine Other
routes OF locations than that proposed and g,
=. port In favor FeI The one they Va thsil
~ Teaaon rs f3r The preference Ehsy ma tllf
, a's9rYeyor If necessary, who shall be HilbWed
fby the county court except in The case of q pri.
vate road reasonable compensation notexceed.
ing two dollars per day, to be paid out ofthe
| county treasury. A map or diagram OF The routt
or location shall be returned with the report.
The report may be recommitted By the court
With or without special instructions, to- the same
or other viewers or committee.
, 36. Upon the report if the court be against The
proposed establishment or alteration, the peti'
toner shall pay all costs and expenses of the pro
ceeding to be ascertained by The clerk Of the said
court and if necessary executidh may issue there
/ for. But unless the court upon such report de
, eide against undertaking the proposed work. they
shall appoint day for bearing the parties inter
ested and cause notice thereof TO be given to tht
7 nroprietors and tenants Of the property which
would have to be taken or injured, to show cause
| against tie sane. Such nohce may be served
m such iof them as are found. within the county
and on any agent therein o. any proprietor not &c
/ found, or by posting copy Thereon on tpe is0u
door of The court house for three weeks, ana pJ
f sending another copy by mail, postage PAID, t
the postofce nearest bis residence, lift be known
7 as 10 any party interested who is not found IN
the county,
. 81. At any time if the court have enough be.
fore them 10 enable them 10 ascertain whatWoulG
be- Just compensation 10 the proPrletors ano
tenants, and such proprietoTs and tenants ar
j willing tn accept what the court deems just, :h
D said court upon such acceptance being reduced
TO writing and signed by the Proprletors ana Ten
=, ants, may determine to undertake the work.
" ss. When hearing the parties Interested IN al
application for a public road, the county cour
s shall decide for or against undertaKlng !oe pro
: nosed work on behalf of the county. Hit decide
: in favor of the same and the compensation 70 o
taia To any proprietor or tenant, be not nxed oJ
; sorpemeut, it shall award writ Of ad quod dam
: mum. If desired By any proprietor or tenant o
n | fthe court see cause for awarding the same.-
Sncb writ shall command the sheriff to summon
and -iupannel a jury of twelve freehoIders OF tn
yiciuaue not related to either party, to meet OF
the lands of such propretors or tenants as ma.
c be named In the order and wit, AT cessan
place and day therein also specified, OF Wnicn NO
tice shall be given BY the sheriff to such propfe
, tors ana tenanS. oucn hoaSo =, -, -. - .r7.
like the previous process except only that u nee
mot be given to one present at tne ume ol @ InaA
ing the order. -
80. The jury after being duly sworn by tn
sheriff shall view the lands of the proprietors ant
4 tenants 80 named, and ascertain what Will De
Just compensation toeach pFoprietors and tenant
so ameil for the land OF bis proposed TO De tax
i en-, and for the Gamsge to the residue OF his Ana
1 beyond the peculiar benefits which will be desl3
r Ell il respect to. such residue from the rod 9
landing! And IN Tie case Of d road tie jury
it be desired by any party interested Or pc dlree
ted by the court, shall also ascertain whether 70
: road will be one Of such mere private convent
kence as 10 make il proper that it should be open
ed and keptin order BY The person or Pefsons 70
) whose convenience il is desired, aud WHETHER
+ less sum, and If so what sum, will be just CON
4 tpensaIion to any such proprietor or tenant !
! case be be permitted Fte erect iand keep one 9