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.

Repealing
clause

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That all acts and parts of acts, containing any thing within the purview of this act, shall be and they are hereby repealed.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.

NATH. MASSIE,

Speaker of the senate. February 18th, 1804.

CHAPTER XXVIII.

An act, for opening and regulating roads and

highways.

repair.

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, force orshall have authority, upon application, to make to meet on and enforce all orders necessary therefor, for Monday of which purpose they shall assemble themselves first Monday at the place for holding courts in the several annually. 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.

Sec. 2. Anul be it further enacted, That every application for any road, shall be by petition, spec- Application ifying particularly where such road begins, the to be by peremarkable 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

tition, etc.

paid.

Previous to
an order for

To be ad
vertised

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.

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 polnt three 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

viewers

truly and impartially, take into consideration
the utility and inutility, conveniences and
inconveniences which will result, as well to in-
dividuals 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 con-
venience, 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 pro-
posed 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; Commission-
and the commissioners shall appoint a surveyor, point a sur-
whose duty it shall be, to take to his assistance
two persons as chain carriers and one marker, his assist-
and he shall attend said viewers and survey shala mark-
such road, according to the view of said land- er.
holders, conspicuously
conspicuously marking

marking the throughout, and truly noting the courses and distances thereof, and at every mile's end, shall erect a monument, expressing the number

ers to ap

veyor.

To take to

ance two

same

14-Vol. 2

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.

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 probesedad. through which the same runs, if such objec

tions are stated to the commissioners in writ-
ing, 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-

By whom and in what manner objections may be made to a