bond,

the bridge at Wills' creek; one for the road from
Chillicothe, by Cincinnati, to the west line of
the state; one for the road from Cincinnati to
Dayton; one for the road from Dayton to Frank-
linton; one for the road from Chillicothe to
Springfield, and one for the road from Gallipolis
to Chillicothe; and said commissioners shall
severally, before they enter on the duties of
their office, give bond with good security to the to give
treasurer of the state, in double the sum appro-
priated, to the laying out, opening and making
the road for which he is appointed commis-
sioner, for the faithful discharge of their duty
under this act, to be approved of by a judge of the
court of common pleas where such commis-
sioner reside, and each commissioner giving
bond as aforesaid, shall deliver the same to the To deliver
sheriff of the county in which he may reside, the sheriff of
and it shall be the duty of the sheriffs, receiv-
ing such bonds, to forward them to the treas-
urer of the state, before the first day of June
next, and whenever any commissioner shall de-
liver such bond to the sheriff of the proper
county, it shall be the duty of such sheriff to his duty.
endorse on

the commissioner's commission,
that he hath received the same.

Sec. 4. And be it further enacted, That it shall Road conbe the duty of each road commissioner, to cause their duty.

the county.

Compensa-
tion.

the road for which he is appointed to be carefully surveyed and plainly marked, on or as near a direct line as the nature of the ground and situation of the country over which the same is to pass, will admit; and all roads laid out under this act, shall be sixty-six feet in width, and shall be and remain public highways: Provided however, That the commissioners under this act, shall not be bound to cause said roads to be opened, otherwise than is in this act provided, and each commissioner shall be entitled to receive three dollars per mile, for surveying, marking, examining and making return of his road, and for all other services done and performed under this act.

Sec. 5. And be it further enacted, That each of lay out their the aforesaid commissioners, immediately after

he shall have ascertained the ground over which his part of a road is to pass, shall lay out the same into convenient lots, of not less than five miles, nor to exceed thirty miles, and shall divide the whole sum of money allowed to his part of the road, amongst the several lots thereof, in proportion to the labor that is necessary to be done on each lot, and shall set up notice in writing at the court house or court houses of the county or counties, where the road is to pass, and in two of the

Commis-
sioners to

roads into
lots, etc.

To give no-
tice and re-
ceive pro-
posals.

contracted

bonds, etc.

most public places in the vicinity of said road,
that he will receive proposals until a day to be
mentioned in his advertisement, not less than
twenty days after setting up such notice for open-
ing each lot of said road, and the said commission-
er shall contract with the person making the most
advantageous proposal: Provided, That the said
person shall at the same time, enter into bond The persons
to said commissioner, in double the amount of the with to give
money that shall be allowed for his lot of road,
with such security as may be approved of by
the said commissioner, conditioned for the faith-
ful performance of his contract: And provided
also, That the said contract shall require at
least the labor hereinafter mentioned, to be ex-
pended on every part of said road, viz: All
timber and brush shall be cut and cleared off, The labor
at least twenty feet wide, leaving the stumps pended,
not more than one foot in heighth; wet and miry
places shall be made passable by a causeway
sixteen feet wide, to be made of timber covered
with earth; small streams that are difficult to
be passed shall be bridged; where the road
passes on sidling ground, it shall be dug hori-
zontally into the hill, so that the road shall
measure crosswise at least eight feet in the
solid ground; in ascending hills that are to be
dug, the road shall not have a greater elevation,

to be ex

etc.

Proviso,
wben less

lars per mile
is appropri-
ated

from a horizontal line, than fifteen degrees; and it shall be the duty of the commissioner to examine every part of the road so made: And

proviileil ilso, That all the roads mentioned in than ten dol this act, for which there is less than ten dollars

per mile appropriated to the opening thereof, the commissioners of such roads are allowed to use their own discretion as to the width and bridging, so that the money may be laid out to the best advantage, in making as good a road as the nature of the case will admit.

When a lot of roud is completed, the person the treasurer.

Sec. 6. And be it further enacted, That when

any person, who shall have made a contract, for the contract opening any lot of road as aforesaid, shall have in order en completed the same agreeable to his contract the

commissioner appointed to superintend that part of the road within which said lot is situated, shall give to the said person an order on the treasurer for the amount of the money due to him upon his contract: Provided, That said order shall not be payable until after the first

day of November next; and it shall be the duty Commission of each of the said commissioners, to forward

to the treasurer, before the first day of Novemher pext, a list of all orders by him drawn upon the treasurer', stating the amount of each order, and if there shall not be in the hands of the

Proviso.

ers to forward to the treasurer a list of orders, etc.

treasurer

money to

sons holding orders, make dis

etc.

treasurer as much of the money appropriated under this act, as will be sufficient to pay off the whole of such orders, the treasurer is hereby directed to make a distribution of the money in his hands between the several persons holding said orders, in such manner that each person may receive such part thereof as shall be When the proportioned to the amount of his order; and has not the said treasurer is further directed, at the pay per end of every three months after the said first inte orde day of November next, in like manner to make tribution, distribution of the money between the several persons holding orders on him, until the whole are paid off.

Sec. 7. And be it further enacted, That it commisshall be the duty of each of the commissioners return, map, aforesaid, to return to the clerk of the court of clerk of common pleas of the proper county, an accurate mon pleas, map and field notes of the survey of such part of his road as is laid out in such county, and it shall be the duty of such clerk to record the same at the expense of the county; and it shall also be the duty of such commissioner, to make to report to a report to the next general assembly of his general astransactions under this act, accompanied by a fair list of all such orders as he may have drawn upon the treasurer; and it shall be the duty of

sioners to

court, com

sembly.

10_Vol. 2