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Repealing clause

tion, which shall be in the town of Athens, of which he shall give notice in writing, to each member, at least twenty days previous to such meeting, and all subsequent meetings of the said corporation, shall be in the said town of Athens.

Sec. 20. And be it further enacted, That all acts and parts of acts, containing any thing within the purview of this act, shall be and they are hereby repealed.

ELIAS LANGHAM,

Speaker of the house of representatives.

February 18th, 1804.

NATH. MASSIE,

Speaker of the senate.

CHAPTER XXVIII.

An act, for opening and regulating roads and

highways.

to be opened

repair.

ers to en

ders, etc.,

Sec. 1. Be it enacted by the general assembly Public roads of the state of Ohio, That all roads or highways, and kept in established by law, shall be opened. amended and kept in repair, or vacated, agreeable to the provisions of this act; and the commissioners, Commissionor any two of them in their respective counties, shall have authority, upon application, to make and enforce all orders necessary therefor, for which purpose they shall assemble themselves at the place for holding courts in the several counties, on the second Monday of June, and first Monday in November, annually, and shall continue by adjournment, from day to day, until the business before them be finished.

force or to meet on Monday of frst Monday annually.

the second

June and

November

Application to be by pe

for any road

tition, etc.

Sec. 2. And be it further enacted, That every application for any road, shall be by petition, specifying particularly where such road begins, the remarkable places by which such road is intended to pass, if any, and where the same shall end, signed by at least twelve landholders of the county, who shall be liable for the costs arising Costs, how on such petition, survey and view, unless the road so petitioned for, shall appear to said com

paid.

Previous to an order for

etc.

missioners, from the report of the viewers, to be of public and general utility to the citizens of the county at large, then the costs attending the same, shall be paid out of the county treasury.

Sec. 3. And be it further enacted, That prea new road, vious to any application being made, for an order to lay out any new road, or to alter an established road, such intended application shall be advertised in three public places in each thirty days, township, through which such proposed road may be designed to run for thirty days prior to the meetings of the said commissioners.

To be advertised

ers to appoint three viewers

Sec. 4. And be it further enacted, That upon the presenting of a petition in the form as aforesaid, and the commissioners being satisfied, that the petitioners have given the notice required by this act, the commissioners shall order such Commission- petition to be audibly read in open meeting, and thereupon shall appoint three disinterested landholders, who, or any two of whom, after to be sworn. having been duly sworn by any judge or justice of the peace, having had six days previous notice from some one of the petitioners shall proceed at the time directed by said commissioners, to view the ground along which said road is proposed to be conducted, and shall

truly and impartially, take into consideration the utility and inutility, conveniences and inconveniences which will result, as well to individuals as to the public, if such road should Their duty. be opened; and if a majority of said landholders shall be of opinion, that such proposed road, if established, would not be useful nor of public convenience, they shall report accordingly; but if they shall be of opinion, that such proposed road will be useful and of public convenience, they shall repair to the place where such proposed road begins, and the said viewers shall, with diligence and attention, examine the ground and view out said road, as nearly to the prayer of the petitioners, as a good road can be obtained at a reasonable expense, having a special regard to continue the road, in the same direction, as far as circumstances will admit; Commissionand the commissioners shall appoint a surveyor, point a surwhose duty it shall be, to take to his assistance two persons as chain carriers and one marker, and he shall attend said viewers and survey such road, according to the view of said land- er. holders, conspicuously marking the same throughout, and truly noting the courses and distances thereof, and at every mile's end, shall erect a monument, expressing the number

14-Vol. 2

ers to ap

veyor.

To take to

his assist

ance two chain men

and a mark

ers on re

ceiving the return, how

thereof, and shall protract a survey of said road; which, together with the proceedings of the said viewers, shall be certified respectively and returned to said commissioners at their next session, to be held for said county, and the Commission- commissioners, on receiving such return, shall cause the same to be publicly read in open meetto proceed. ing, on two different days of the same meeting, and if no objections are made to such proposed road, on the second reading, it shall be the duty of said commissioners, to order the said road to be opened a necessary width, not exceeding sixty-six feet, and made in other respects convenient for the passage of travelers, and cause a record thereof to be made, which thenceforth shall be deemed a public road.

By whom and in what

manner objections may be made to a proposed public road.

Sec. 5. And be it further enacted, That objections to any proposed public roads may be made by twelve landholders of that part of the county through which the same runs, if such objections are stated to the commissioners in writing, with their names thereto subscribed, at any time before such road is recorded and not afterwards, on account of the same being likely to be useless, prejudicial and burthensome to the inhabitants, and where such objections are made, the commissioners shall appoint five dis

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