Lewiston teller. [volume] (Lewiston, North Idaho) 1878-1900, 1883-05-10
IOAH } ROAD LAW.
AN ACT
Regulating Roads, Highways and
Public Thoroughfares in Idaho Ter.
ritory.

j0tt0icS:
SECTION ]. All public highways, roads
streets and thoroughiares, which are, or
have been used, as such at any time with
in two years prior to the passage of an
net entitled "An act concerning roads
trails and public thoroughlarcs, approx
cd January II, 1875, or which may
hereafter be declared such by the County
Commissioners within their respective
counties, shall be considered county roads.
All roads or highways laid cut or now
Travelled or which have been commonly
used by the public, including such as have
been wronetully closed at any time since
January II, 1873, in the several counties
of this Territory are hereby declared
county roads, excepting. however road,
and highways upon which franchises have
heretofore been granted, SO long as the
franchise of any such road shall remain
in full force and effect.
SEC :. All applications for laying out
| altering or locating county roads shall be
by petition to the board Of County Com
missioners Of the proper county, signed
by at least twelve houscholders OF the
county, residing in the vicinity where
said road is to be laid out, altered or To-
Gated, which petition shall specify the
place of beginning, the intermediate
points if any, and the place of termina-
ton Of said road.
SEC. 3 When any petition shall be
presented for the action of the County
Commissioners for laying out, alteration
or vacation Of any county road it shall
be accompanied by satisfactory proof thai
notice has been given by an advertisement,
posted at the usual place Of holding the
sessions of the board of County Commits
sioners, aud also in three public places in
the vicinity of said road or proposed road
thirty days previous to the presentation
of said petition to the County Commits
sioncrs, notifying all persons concerned
that application will be made to the said
County Commissioners at their regular
session after the expiration Of said notice
for laying out, altering, or vacating such
road, as the case may be.
SEC. t. Upon the presentation of such
petition and proof that notice has been
given rs provided in the last section, tn,
County Commissioners may appoint three
disinterested houscholders Of the county
as viewers of said road, and shall issue an
order directing said viewers on IA day IL
be named in said .order, or on their fail
inc to meet on said day within five day.
thereafter to view, lay out or alter saio
road.
SIC. 5. That it shall be the duty of
the viewers appointed, as aforesaid, after
receiving at least five days previous notice
by the clerk Of the board Of County Com
missioners to meet at the time and place
specified in the order of the County Com
mssioners aforesaid, or within five day
thereafter, and after taking an oath o
affirmation faithfully, and impartially t.
discharge the duties of their appointment
shall proceed to view and lay out or altc
said road as prayed for in the petition a
near AS in their opinion IA good road cal
be made at a reasonable expense, taIlini
into consideration the utility, conyeniyn nc
and Inconvenience, and expense whitl
will result to individuals, rs well as tn
public, if such road shall be establishes
and opened, or altered, and shall caus
the same to be consricuously markc
throughout. Al trees ON the line of sue
road shall be marked on each OF the side
corresponding with direction Of the roa,
And when there are no trees along tn
line Of said road the same shall be marke
out by posts at least four inches in dian
etcr, and four feet long, planted not le'
than eighteen inches in the ground, an
not more than one half mile apart alon
the whole line of said road, and the view
). ers, or a majority Of them, shall max
and sign report in writing, stating the
opinion in favor of or against the cstal
and set forth the reasons for the sam
. which report shall be delivered to the clol
of the board of Commissioners by u
of the viewers on or before the first da
of the session Of the board Of Count
Commissioners then next ensuing. An
it shall be the duty of the County Con
missionors on receiving the report of Il
7 viewers aforesaid to cause the same to
publicly read on two different days Of Il
same meeting, and if no rcnonstran
with greater number of remonstran
than there are names on the petition, I'll
remonstrants to be confined to the Wei
ity Of the proposed road OF petitions 4
damages be filed, and the Commis,ipne
being satisfied that such road will be
public utility, the report Of the We've
being favorable thereto, the Commissio
: ers shall cause said report to be record
and from thenceiorth said road shall
- considered a county road or public hig
T. way, and the Commissioners shall iss
an order directing said road to be openC
SEC 6. That, in all cases whore Il
oath or affirmation is required to be tax
under the provisions Of this act, the sal
;, may be administered by any justice of t
=" peace, or by one of the viewers who |
. previously been sworn or affirmed.
4 SEC Z. Any person through VIII
y lands any county road may be viewed a
.ss marked out, who may deem himself
ssS jured by the opening Of the same, N