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About The Montanian (Choteau, Mont.) 1890-1901 | View This Issue
The Montanian (Choteau, Mont.), 07 July 1893, located at <http://montananewspapers.org/lccn/sn85053033/1893-07-07/ed-1/seq-1/>, image provided by MONTANA NEWSPAPERS, Montana Historical Society, Helena, Montana.
NO. 9. YOL. 4. CHOTEAU, TETON COUNTY, MONTANA, FRIDAY, JULY 7. ISS3 JAMB'S SURGRGYE, ATTORNEY AT LAWi CHOTEAU, . . . . MONT. Admitted to pi atico in Land. Pension and Patent Claims before the Interior Derpartment. , Land) Water, and Irrigation Eights a Speci alty. All Legal Papers and Collections given care ful and prompt attention. Attorney N. A. M. A. Co. Correspondents in every city in North America! Notary Public- C O U N T Y ATTORNEY, TETON COUNTY, N 3 \ . < 3 ~ . ATTORNEY & COUNSELOR AT LAW. S. H. DRAKE, M.D. PHYSICIAN & SURGEON, Office over Valley Restaurant, CHOTEAU,- - MONTANA. \ J E WAMSL/EY. & S ia.fgG & 'P i, C H O T E A U . ........................ MONT. <L H. DAY. 'O O T T IN 'T ’Y\ STJJR-VJET^SrOIE? iyf,.,,;;Irri8faticn ..557 .Lard jgumyüiff a C h o t e a u , - - -i M o n t a n a C hoteau L odge N o 34 -A. F & A , 2 wE. H o ld« its ippulur cormruinicutioj]« on the 1st nnd 3t) S»tnrd«vHoff-acli month. All visiting brethren cordially Welcomed. D r . S. U. D r a k e , W. M. r O X 3 I I s r C . ID T X I P I F 1, Authorized to practice before the De partment of the Interior, the Land Office,and the Pension and other, Burt aus. PENSION CLAIMS SPECIALLY ATTENDED TO. <Por. ifnm and St. John St.a.. Fort Benton. A. G- W A R N E R , HOT ARY PUBLIC, U. S. COMMISSIONER, AUTHORIZED TO RECEIVE F ilings & F inal P i « oes on P ublic L ands . CHOTEAU, . . . . MOiNT. \ W 2 ^ _ zeeq . n x ' x r c a s r , IsT ota,x 3 r ZEP-u/blic DEED1*. MOBTGAGES end ft’.l kinds of legal Instruments drawn up. • HOTEAU, - - - - MONT. ft. C-QARRETT. A- C. WARNER. GARRETT & WARNER, CONVEYANCERS, r e a l e s t a t e , IN&U RANGE CHOTEAU. MONT. \ W JE 3 1 . E f e p f e e f S í H ■ ----- H ot a . nd C ci d F a t e s ----- Kalb Street. 0 ],«siie f l.o'enu Itouc if ^ ^ I •^ fctilttlilL ÍLl raLJ> THE MONTANA ROAD LAW . Of Interest to Every Resident , of the ftt&te. (Continued from last week.) S ec . 1822. Ail public highways hereafter laid out in this state shall be sixty feet in width unless otherwise ordered by the board of county commissioners. S ec . 1823. Whenever a peti tion shall be presented to the board of county commissioners’of any county of the state praying for a public highway, and the names of all the owners of all the land through which said road it to be laid out, shaJI be signed thereat, giving the right of*way through the lands and accompanied by a plat of the road, it shall be the duty ot the county commissioners if in llieir opinion the public good requires it, to declare the same a public highway, and thereupon the plat shall be filed and record ed and the same shall become a public highway way from and after that date. S ec . 1S24. The mariner of lay front the dwelling of nii'y 'person or Iron» any mill, iiniber, watering place or any other place to which access is need for public or private u e, to any public road, and of condemning the lands necessary therefor, shall be the same as hereinbefore provided, excepting that the viewers of the same shall only receive compensation for one day’s services, and the petition in such oases need only besigned by such person, and the expense of viewing and surveying such road and damages which may accrue to any person by reason of laying out the same, and the expense of opening the same, shall be paid by such petitioner. S ec . 1825. When any highway is to be altered, widened, changed, or laid out, the county clerk shall notify the supervisor of the proper district and fnrnii-h him with a certified copy ot the order of the board of commissioners. S ec . 1S26. No person or per sons shall erect any feiice, house, or other structure, or dig pita or holes in or upon any highways, or place thereon any stones, limber, trees rubbish, or debris, or any o!> si ruction whatever; and no person or persons shall tear down or otherwisedamage ‘any bridge or any highway, or cause waste water or the water fromany diich. load, drain, Hume, to flow into nr upon any road or highway so as to damage the same. Any person violating the provisions ot this section shall be deemed guilty of a misdemeanor* and on conviction shall be fined not less than five nor more than one hundred dol lars, together with the costs of prosecution. S ec . 1S27. No person or per sons, corporation or company, shall dam the waters of any stream so a3 to cause the same to over flow any road, or damage or weaken the abutments, wall or enbankmeuls of and bridge of any highway. Any person or persons, corporation or company, violating any of the provisions of this sec tion shall forfeit the sum of fifty dollais to the county and shall be liable for damages in a civil action for damages resulting there!rom. S ec . 1S28. Any person or per i-ons, corporation or company, owning or constructing any ditch, race, drain, or flume, in, upon, oi across any highway, shall keep the highway open for safe and convenient travel by constructing bridges over sueli ditch, race, drain, or flume, or by providing other safe and convenient way across or around the said ditch, ¿yicl im.ii/.ccliateJy_ a f t e r any. ditch ’hs* \ctm sfrncliid’ in'4 or ‘ upon Yin Y highway at any point thereof so as to obstruct, or interfere with >aid highway, the persons owning <»r constructing such ditch shall erect a good substantial biidge across I he same, which shall be constructed of plank of not less than three inches in thickness, and thereafter be maintained by the county. Any person or per sons, corporation or company con structingany ditch, race, drain, or flume, in. upon or across any high way open for safe and convenient travel, shall forfeit tlie sum of twenty five dollars to the county. And any person or persons, cor poration or company, who shall fail to erect a good and substan tial bridge across any ditch, race, datn, or flume, immediately after I the same is constructed in, or upon or across any highway, shall for feit the sum oi twenty five dol lars to the county together with the costs of constructing there a good and substantial bridge, which the supervisor shall at once pro ceed to build, and f ha.ll also be liable in damages to any person or- persons damaged by such neglect. S ec . 1829. All lines, penalties and forfeitures incurred under any provisions of this act- shall be re eoverable by an - action- in llie name of the people of the state of .Montana in any court of compe tent juiisd.ction and the county tteiuurer shall set the same a pari, to the district wherein the same accrued. S ec . 1830. It shall be the duty of the county attorney on com plaint of any person to prosecute all actions under the provisions oi this act. S ec . 1831. A ll road supervisors shall be appointed by the county commissioners at their March term, and shall serve until their successors, are appointed and qualified. They shall give such bonds as thd board of county com missioners in tlie-several counties shall deem sufficient; any vacancy occurring in said office of super visor of roads, by death, or other wise, shall be filled by the board or commissioners. Said supervi sor shall be allowed'as compensa tion the sum of three dollars for each day while employed in per forming the duties required by tin’s act, tc be allowed by the county commissioners on presen tation to them of vouchers show ing the number of days sworn to by the supervisor. S ec . 1832. That all of Article 1* Chapter L IY , Fifth Division ’•Revised Statutes of Montana,” and all acts and parts of .acts in conflict1 with- this actbey'-laiid' tlie< same ai*e hereby repealed: Pro vided. That the repeal of such acts shall not be construed to an act any right nor to abate any suit or action, on proceeding, ex isting, or pending under the acts hereby repealed. Sic. 1833. Whenever the board of commissioners shall instruct or direct any road supervisor to re pair any public road in his dis trict, or construct any new road therein, it shall be the-duty of the road supervisor to proceed, with- outunnecessary delay to repair or construct said road. For this pur pose he shall be empowered to employ suitable lalor.rs and teams, and stipulate as to the price to -be paid therefor, which in no case shall exceed the sum of two dollars and fifty cents per day for each man, and two dollars nnd fifty cents per day for each span of animals thus employed. He shall keep a correct account of all such labor, and give to the person performing in, or furnish ing any-animals, a certificate stat ing the number of dajrs work per formed and the price agreed upon therefor, and the number of days any animals have been used, and the price to be paid therefor, not exceeding the limits- above pre scribed. The supervisor shall also make out and file with the county clerk on or before each quarterly meeting of the commissioners, or inonihly, as required by ihom, a detailed statement,showing— ( Ccmi i n iuxI am. foeuriA p o p e -)
