Lewiston teller. [volume] (Lewiston, North Idaho) 1878-1900, 1885-06-11
ROAD LAW.
AN ACT

a5a. x /
AN ACT
TD AMEND AN ACT REGULArIN(al |
ROADS, HIGHWAYS AND PUBLICl
THOROUGHFARES IN IDAHO TER
RITORY, APPROVED FEBRUARYl
/. 1881,
| Be IL enacted by the Legislative Asscns-
| bly, Of the Territory Of IDAHO, as
folto,cs:;
SECTION I. All roads and Highways
that have been or that hereafter may be
declared such by any Board Of County
Commissioners, and all roads and high
ways heretofore declared to be such By
Legislative enactment, and that arc now
open aud used as such by the public
shall bei considered county roads pro.
!vided, thai this section shall not apply
to any road heretofore estahlished by any
Board Of County Commissioners, but
which shall not have been opened for
four years thereafter, as required BY law.
| SEQ. 2. All applications for laying
out, altering Or locating county roads
shall be by petition to the Board of
County Commissioners Of the proper
county, signed BY at least twelve house
holders Of tho county residing In tho "
cinity where said road is to be laid ont,
altered or located, which petition shall
specify the place Of beginning, the inter
mediate points, il any, and the place q
said road.
SIC. 3. When any petition shall be
presented for the action Of the Coun'
ty Commissioners for laying out, a
Iteration or vacation Of any coupty road
Hi shall be accompanied BY satisfactor,
proof that notice has been given BY I'd
vcrtiselncnt, posted at the usual place g
holding sessions Of the Board Of County
Commissioners, and also in three publi
places ia the vicinity Of said road Or pro
posed road, thirty days previous to tn
presentation oEsaid petition to ahe Coun
: " Commissioners. notifying all person
concerned that application will bc mad
to the said County Commissioners
their next regular session after tho ex
piration Of said notice, for laying out, q
tcring or. vacating such . road, - th
ease may be.
SEC. A. Upon the presentation
y such petition and proof that notice ha
been given as provided In the last sectio
the County Commissioners shall, y the
deem the proposed road Or alteration
public utility, appoint three disintereste
houscholders Of the county as viewers
said road. and il they deem II Dccessar..
shall instruct the County Surveyor
= survey the same, and shall issue an ord'
= directing said viewers and surveyor,
ordered, to survey the road on day
be named 10 said order, or, on their tai
ing to meet on said day, within five da.,
If thereafter to view, survey, il 80 ordere
= and lay| out or alter said road.
N SEC. 5. 1t shall be the duty Of 4
viewers appointed as aforesaid, with Y
= County Surveyor, If ordered, to sury'
the road, after receiving at least FIVE da
previous notice by the Clerk Of Z
!. Board Of County Commissioners afol
) said, or within Eve dsys thereafter, Al
after taking an oath Of affirmation fait
fully aud impartially to discharge the
lies Of their appointment, shall proce
{, to view, survey, if ordered, aud lay 9
M or alter said road, as prayed for IN 7
petition, as near as in their opinion
u. lcood road can be made at . reasonal
!. expense, taking into consideration I
utility, convenience and inconvenieI
and expense which will result to indiv
uals as well as to the public, if such re
shall bo established and opened or
tered. The surveyor, if ordered to 8
yey the road. shall survey under the
rection Of the viewers, and mark .
road by marking the trees along tho
Of said road corresponding with the
rection of said road, and when there
no trees along the line OF said road
same shall be marked out by posts
! least four inches square and four
long, planted not less than eighteen in
cs in the ground, and not more than
the half mile apart along the line Of
nals m;ll road and a plat of the same Aud
viewers or majority Of them, shall m
and sign report in writing, stating y
opinion in favor Of or against the es'
llishment Of or alteration of such ~
and set forth the reason for the saI
I. t which report, together with the plat
survey Of the same, shall be deliveres
The Clerk dAhe Board of Commissio,
" by one Of the viewers on or before
first dag Of the session Of the Board