The Wheeling daily register. [volume] (Wheeling, W. Va.) 1864-1878, 1874-03-18
TEE ROADIAw.'
An Act TO Provide for Opening and
keeping in Repair the County
Roads. ,.ss .EaI E'SS.SlEI

20. The county'courtb Of a 4couhty
may upon petition, permit gates to be
erected across any county road therein
or cause any gate erected across coun-
ty road to be removed; but notice of every
petition for that purpose must first be
posted at q front door of the court
house and at three public places in the
vicinity OF the gate proposed to be erect
ed or removed, at least three weeks be.
fore the meeting at which such order is
made. ro-'. ---.r.. .. o s--.i,- -.
80. The county court OF q county
may, upon petition, direct any county,
road or landing therein TO be discon-
tinued but notice OF every such peti-
ton must three weeks at least before it
IL acted upon, be posted at the front door
OF the court house and at three pnblic
places in every district in which any
part of the said road or landing may be.
Upon such petition after notice given as
aforesaid, the county court shall appoint
two or more viewers or a committee OF
their own body, to view such road or
\ landing and report in writing whether
in their opinion any, and il any, what
inconvenience would result from dis
continuing the same, Upon such re-
port and other evidence, if any, the
court may discontinue the road or
landing taking care in every
case OF an established post
road not to discontinue the same until
another has been established. But
this section shall rot apply 10 any
turnpike road which has been Or shall
be transferred to any county by the
state.
81. Every county road heretofore
established and opened pursuant to law
and which has not been lawfully dis
continued or vacated, shall continue as
such, subject to the provisions OF this
chapter, until properly discontinued ;
and every road worked as public road
under the direction Of q surveyor o!
roads, shsll in all courts and places be
deemed a public road. The roads,
bridges aud public landings transferred
bv the state to the several counties in
which they are situated shall hereafter
be regarded as county roads, bridges and
landings.
81. When any road is altered the
former road shall be discontinued to
the extent OF ouch alteration and no
further, and the new one established.
SO. Not more than two acres OF land
shall be condemned for any landing
And no road or landing shall be estab-
lished by the county court OF county
upon or through any lot in an incor'
poratsd village, town or city, without
. the consent Of the council thereof
I 81. No bridge, unless it be exclu-
E sively for iootmeD, shall be less than
/ lively. lest wide Every road shall be
thirty feet wide, unless the county court
order it to he OF different width. The
. grade OF any road to be hereafter estab-
lished shell rot exceed five degrees I'M
less specially authorized by the county
court OF the county.
So. When any person desires the
establishment or alteration OF a public
road, bridge or landing in any county,
or O. private road for his own conven.
fence, be shall petition the county
court thereof for that purpose, setting
forth in his petition specifically the
nature aud location OF the proposed
work and the county court shall thers-
upon land they may DO 30 without such
petition in any case IN which they
deem the interest OF the people OF the
county requires il, appoint two or more
viewers or a committee OF their own
body, to view the ground and report
the advantages and Disadvantages
which in their opinion, will result as
we'll TO individuals ss to the public
from the proposed work. and the facts
and circumstances that may be useful
20 enable the court to determine Hheth-
er such work ought to be undertaken
by the county, stating specially IN
either case, whether it would be nec'
esssry to take any yard. garden, or
chari or any part thereof, or to ioJure
or destroy any building; the probable
cost OF the work in case OF pubic
road the names Of the land owners
whose property would have to be taken
or injured which OF them requires
compca sation and the probable amount
to which each OF them would be enti-
tied. The viewers or committee may
exaroinc other routes or locations thar
tina, proposed, and report in favor OF
the one they prefer, with their reasons
. for the preference. They may employ
Surveyor If necessary, who shall De
allowed by the county court except 10
: tie case OF private road, a reasonable
com pensation not exceeding two dol
lars per day, to be paid out OF the coun'
ty treasury, A map or diagram OF th'
route or location shall be returned with
the report. The report may be recon-.
nlittsibv the court with or Wl'hou'
special Instructions, to the same or oth'
e. viewers or committee.
Sc. Upon the report il the court be
e against the proposed establishment o. o.
alterations. the petitioner shall psy 81
costs and expenses OF the proceeding &c
be ascertained by the clerk OF the SAID
court, and il necessary execution may
issue therefor. But unless the cour
upon such report decide against under
taking the proposed work, they shsl
= appoint day for hearing toe parties
interested and cause notice thereof to b.
;. given to the proprietors and tenants o
q the properly which would hsveto %
taken or injured, to show cause agains
the same. Such notice may be serve'
5. on such OF them as are found wlthii
the county, and on any agent therein
ofsny proprisior not 30 fonnu, OF =.
posting copy thereof on the front GOO
of the court house for three weeks an'
by sending another copy by mail, pos
tage paid, to the post office nearest b.
residence. il be known. IS to any par