Pennsylvania Act 1845-40 — ROAD AND BRIDGE VIEWERS

Act text

ROAD AND BRIDGE VIEWERS
                  Act of Feb. 24, 1845, P.L. 52, No. 40               Cl. 36
                                  AN ACT

     Relative to public roads in certain counties therein named.

        Section 1.  Number of viewers
        Hereafter the number of road and bridge viewers appointed by
     the courts of quarter sessions of the Counties of Butler,
     Allegheny, Luzerne, Lycoming and Clinton shall be three, one of
     whom shall be a surveyor, if deemed necessary; and every view
     and review shall be made by the whole number of persons so
     appointed, a majority of whom shall concur in their report, in
     order to its confirmation by the court.  1845, Feb. 24, P.L. 52,
     Sec. 1.
        Section 2.  Notice of meetings of viewers
        In all cases of the appointment of viewers in said counties,
     to view and locate a public or private road, or to review a
     public road, the said viewers or any one of them shall, before
     proceeding to make their view or review, give public notice by
     at least three advertisements, put up in the vicinity of the
     contemplated route of such road, of the time and place where the
     said viewers will meet for the purpose of making such view or
     review, at least five days before such meeting.  1845, Feb. 24,
     P.L. 52, Sec. 2.
        Section 3.  Viewers to obtain releases, or assess damages
        If the viewers shall decide in favor of locating a public
     road, or to make any change in the location of the public road
     which they were appointed to review, it shall be the duty of the
     viewers to endeavor to procure, from the persons through whose
     lands such location may be made, releases for all claims of
     damages that might arise from opening the same; and in every
     case where said viewers shall fail to procure such releases, and
     it shall appear to them that any damages will be sustained, it
     shall be their duty to assess the damages and make report
     thereof, signed by a majority of their number, and return the
     same, together with all releases obtained, to the proper Court
     of Quarter Sessions.  1845, Feb. 24, P.L. 52, Sec. 3.
        Section 4.  Confirmation of report
        It shall be the duty of said court to examine carefully the
     amount of damages assessed as aforesaid; and if said court shall
     be satisfied that the amount of damages assessed in any case is
     such that the public interest will be subserved by its payment,
     and the opening of the road, said court shall confirm such view
     or review, and the assessment of damages, which shall be paid as
     now directed by law; but if said court shall not be satisfied,
     the said report shall not be confirmed unless the same shall be
     paid first by the petitioners.  1845, Feb. 24, P.L. 52, Sec. 4.