ART. 28.] COUNTY COMMISSIONERS. 177
public convenience requires that the road should be opened,
altered or closed, as the case may be.
18. If the application be for opening or altering a road, they
shall proceed to locate the same in such manner as will, in their
judgment, best promote the public convenience, and shall' cause
a plot of the same, and also of the old road, where the applica-
tion is to alter or close a road, to be made out, and shall return
the same, together with a full report of their proceedings, under
their hands, to the county commissioners, with the reasons on
which their opinions are founded.
19. If they shall be of opinion that the road ought not to be
opened, altered or shut up, they shall report their opinion to the
county commissioners, together with the reasons on which it is
founded.
20. No road shall be opened or altered, so as to pass through
the buildings, yards, gardens, burial grounds or orchards of any
person, without the consent'of the owner thereof.
21. All roads opened under the provisions of this article shall
be at least thirty feet wide, and when opened and sufficiently
cleared, shall be public roads.
22. The examiners, or a majority of them, shall value and
ascertain the damages that may be sustained by each person
through whose lands the road may pass, if the application shall
be for opening or altering a road, by opening or altering the
same, taking into consideration the advantages and disadvan-
tages of the same, if any, and they shall make such ascertain-
ment a part of their return to the county commissioners, and the
same, with the rest of their proceedings, shall be subject to the
ratification, rejection or alteration of the county commissioners,
in such manner as in their judgment shall be just.
23. The county commissioners shall determine whether the
damages adjudged by the examiners shall be paid by the persons
petitioning for the road or levied on the county, or may direct
that the same be paid by the petitioners and the county, in such
proportion as they may deem just.
24. The damages shall in all cases be paid to the respective
parties or their guardians, agents or attorneys, before the road
VOL. I.—12
|
![clear space](../../../images/clear.gif) |