Lewiston teller. [volume] (Lewiston, North Idaho) 1878-1900, 1883-05-10
LEWISTON. IDAHO TERRITORY. THURSDAY, MAY TO- 1885,

County Commissioners at the tinv ,he
report of the viewers appointed to view
said road is considered, and if such COM
plaint be made the County Commissioners
shall appoint three disinteresttd persons
who are householders Of the county, who
shall meet at such time as may be desig-
mated by the County Commissioners, CT
at such time as may be agreed upon by
such householders, and after having been
duly sworn or affirmed to discharge their
duties faithfully and impartially, shall
proceed and view said pro, ,osed road the
whole distance through the premises of
the complainant, and assess and d>tormine !
how much less valuable such premises
of the complainant would be rendered by
the opening Of said read, and they shall
report the same in writing to the County
Commissioners at their next regular
term.
Src. 8. IF the County Commissioners
are satisfied that the amount of damages
so assessed is just and equitable, and that
the proposed road will be of sufficient inn
portancc to the public to cause the dam
ages SO assessed and determined to be
paid by the county, the County Commits
sioners shall order the same to be paid to
the complainant out Of the county treas
Fury, but if in the opinion Of the County
Commissioners such proposed road is not
of sufficient importance to the public to
cause such damages to be paid by the
county, the Commissioners may refuse to
establish the same as public highway;
unless the expense Of damage or such part
thereof as the Commissioners may think
proper shall be paid by the petitioners.
SEC. 0. Any complainant who may
feel himself aggreved by the assessment
OF damages as prescribed by the last two
, sections, may within twenty days alte,
such report is adopted by the County
Commissioners appeal theretrom to the
district court of the proper county, such
appeal shall be taken in the same man.
ner as appeals from justices of the peace,
and il the appellant shall fail to recover
IA judgment more favorable than the re-
port appealed from he shall pay all costs
of the appeal.
SEC. TO- No county road shall be less
than sixty feet in width, provided that in
Idaho county the width Of all roads shall
be eighty feet.
Size, Il. If any person or persons
through whose lands any public highway
is or may be established shall be dssirous
of turning such road through any other
part OF his or their lands such per-
son or persons may by petition apply
, TO the County Commissioners of the prop
cr county, to permit him or them to turn
such road through amy other part of his
or their land without materially increasing
, the distance, to the injury Of the public,
and on receipt Of such petition accompan-
5 led by sufficient bond to pay the costs
and expense to be incurred thereby, the
Commissioners may appoint three disin-
: tercsted householders as viewers, who, or
majority of them shall proceed to view
, the ground over which the road is pro-
posed to be turned and ascertain the dis
> tance such road will be increased by the
= proposed alteration, and make out a report
: in writing stating the several distances Sc
+ found, together with their opinion as tc
D the utility of making such alterations, and
If the viewers OF a majority OF them shal
r report to the Commissioners that the pray
S er Of the petition is reasonable the Com
n missonors, upon receiving satisfactory ev
? idencc that the proposed new road ha'
e been opened a legal width, and in all re
h spects made equal to the old road for th'
G convenience of travellers, may declar,
d such new road public highway aud maxi
c record thereof and at the same time va
d cate so much Of the old road as is EN-
h braccd in the new, and the person or per
- sons pctitioning for the alteration slal
|. pay all the costs and expense Of the yiey
e and return Of such alteration.
i SEC II. If any viewer shall refuse o
/ neglect to perform the duties required b.
$ this act without making satisfactory ex
d cuse for such refusal or neglect, he shal
. be fined by the County Commissioners il
+ any sum not exceeding so, to be recoS
&c cred by an action before a justice Of tn
ir peace Of the proper county, which fin
b. when collected shall be paid over withou
/, delay into the county treasury.
e, SEC. - Upon application being mad
k under the provisions of this act for vic'
le of any public road proposed to be lai
" out, altered OF vacated, the Commissioner
Iy shall, before issuing an order to the view
ID ers, require bond to be executed by on
n or more of the petitioners for such view
ne with surety sufficient, to be approved b
he the Commissioners and made payable
le the county, in such sums as the Commi
ce sioncrs shall direct, not exceeding so
Is conditioned, that if the prayer Of the P
he titioncrs be not granted and allowed, Il
n person executing such bonds, will pay ;
or costs aud expense, that may be incarrl
rs by rcascn of such view.
Of SEC. ii, Any person whose land shi
r. be SO situated that it has no conncdit
n, with any public road, may make apple
ed tion in writing, to the County tomml
be si0ners of his county at a r<.j,i,ar sessio
h for road leading from his premises
ne some convenient publb. road, and ther
I'd. upon the Commissioners shall appoi
ny three disinterested hpusoholders Of Il
On county, as vieweis, and cause an order