Fergus County argus. [volume] (Lewistown, Mont.) 1886-1946, 1901-03-27

SEC. 81. Upon filing such petition the board
Of commissioners must appoint three viewers,
one of whom shall be the county surveyor or
such other person as may be charged with that
duty according with the provisions Of section
ANS OF title H., part ~, of the political code.
10 submit to the board an estimate OF the cost
of the change. alteration or opening. including
the purchase Of the right-of-vay. and their
views of the necessity thereof. Provided. that
when the road petitioned for lies In 20 dis
tncts ore viewer must be appointed from each
district.
SEC. IS. Upon filing such petition the board
Of commissioner must appoint three Viewers
to view any proposed alteration of any old, or
Of opening a new road, and submit tothe board
an estimate of the cost Of the change, alteration
or opening. including the purchase ofthe right
of-way. end their views OF the necessity thereof.
SEC. 50. The sheriff, constable or any other
person Of the proper county shall serve the
warrants mentioned in the preceding section
by delivering a copy to each OF the viewers
named therein. in which case the original shall
be returned to the county clerk, with the en-
dorsement OF the service therein; or a copy of
such warrants shall be sent by the county clerk
By mail (registered). postage prepaid, TO each
Of the viewers. in which case n certificate of
such mailing shall be endorsed upon the orig
inal warrant in the county clerks office and
shall be sufficient proof ofseryice. Every per-
son appointed a viewer shall take an oath or
affirmation to discharge the duties of viewer of
the road recited in the petition faithfully and
.shpartlally according to law. Such oath or
affirmation may be administered by any one of
the viewers who has been previously sworn by
a proper officer.
SEC. 90. The road viewers must be disinter-
ested citizens ofthe county. but not petitioners;
they must be sworn to discharge their duties
faithfully; must view and lay out the proposed
alteration or new highway over the most prac-
teal route; notify the resident, owner or agent
of land over which il passes of the proposed
route; ascertain whether the resident owners
consent thereto, and the amount, II any, they
claim or demand for the ri~ght-of-way over
same; estimate the actual damage to any land
over which il passes and the cost OF any bridges
or grading necessary; the necessity for and the
public convenience TO be subserved by the
highway and whether the opening thereof or
change therein proposed should be made.
SEC. 81, When the view of the proposed
alteration or new highway is completed the
viewers must report to the board of comm
%sioners.
1. The course, termini. length and probable
cost of construction Of the proposed highway.
2. The estimate of damages to the owner of
any land over which it is proposed TO run the
highway.
3. The names of land owners who consentto
give the right-of.way, and their written con-
sent thereto.
4. The names Of land owners who do not
consent and the amount o, damage claimed by
each, but when there are nonresident land
owners. and no agent upon the land upon whom
notice can be served. such nonresident land
owners must be considered as non -consenting
land owners unless their written consents OBJ
tanned.
5. Such other facts bearing upon the sub
, ject, of importance, to be known by the board
of county commissioners.
| q. They may also. in their discretion, or by
order Of the board Of commissioners, report
upon the feasibility and cost of any other route
, than the one petitioned for which would sub
: serve the same purposes, and also report as to
!, the necessity Of a greater or The practicabillty
j of a less width OF road than petitioned for.
SEC. 62. The viewers, except the county sur
veyur. must be paid not TO exceed three dollars
! each per day for their services out of the road
u fund of the district through which the road
passes.
u SEC. g.. The board of commissioner at the
u next meeting after the filing of the report, OF
, at the time when the report Is filed, If then in
u session, must fix a day for hearing the same
I must notify the owners of land not consenting
: to give the right-of-way of the hearing by hay
: ing written notice served on them by regis
I tered letter postage paid, to their postoilice adj
dress, or to that of the occupant or agent Of the
( owner: or IL neither the owner. agent of the
u owner, or occupant can be SO notified, by rea-
u son If non residence or other cause, then by
posting notices, one at 4 conspicuous place on
, the land. or left at the owners. agents or occu.
( pants residence, and one at the court house
> ten DAYS prior to the day liked for the hearing
{ and must on the day fixed for the hearing, OF
{ to which it may be postponed or adjourned
)" hear the evidence and proofs from all partie:
{ interested for and against the proposed altera.
:, ton or new road, ascertain and by order declare
u the amount of damages awarded to each non.
7 conserving land owner and declare the repor
y of the reviewers to be approved or rejected.
: SEc.6 Ga. II the board approve the report, anC
=" there are no non consenting land owners, thu
: highway must, by order, be declared a public
: highway, and the road trustees orderedto oper
> the same to the public, and II the board orde
1t, TO require the county surveyor to survey thu
y same and plat it, and file his field notes will
" the clerk of the board, for which the surveyor
may receive five dollars per day for the time
actually employed. The board Of county
y commissioners. upon making each and ever
o. order establishing the location or altera
|" ton of any highway must order the amoun
y of damages sustained by each and ever.
person owning or claiming lands or an.
improvements thereon and affected there
by, as finally fixed and assessed by then
:" to be set apart in the treasury, out @
the proper fund. to be paid to the prope
, owner or claimant, If known, and to be keptfo
" the owner or claimant. If unknown, and to b
paid 10 him or her upon showing or establish
y ing their right or title to suchlands or improve
a ments. Any moneys set apart as herein pro
" vided for must be returned to the fund fror
y which il was set apart. If not paid to or accspte
at by the proper owner or claimant. II tn
le awards are all accepted the road must be de
D. clared a public highway, and be opened as be
: fore provided.
Vi SEC. 65. The damages must be determine
by ascertaining the benefits and damages &C
: cruing to any person by reason Of altering
W. changing or laying out such road, and the sur
III estimated as benefits must be deducted fror
IL the sum estimated as damages, for the amour
j" Of damages awarded.
er SEC. 60. II any award Of damages Is not aC
o. cepted within ten days from the date of tn
: award il shall be deemed rejected by the Ian
owners. The board must. by order, direct Pre-
z..lt.u. A., ,rur,,r, tIa rfrh, % usay "a la. II