be exhibited When mon ies remain in the hands of supervisors, etc. When in advance lected, as well such as are due, and all sums by him or them expended on the roads, and shall be attested, on, oath or affirmation, by such sup- Account to ervisor or supervisors, and the trustees are on oath empowered to adjust and settle accounts so produced to them as aforesaid, and to allow such charges and sums as they or a majority of them shall think just and reasonable; and if there shall appear to be any money remaining, after deducting such sum or sums as shall be allowed to such supervisor or supervisors, then the trustees shall, by an order, direct the same to be paid to the succeeding supervisor or supervisors; but in case any supervisor shall be found to be in advance for labor or money expended, and shall have carefully collected the fines assessed by this act, then the trustees or any two of them, shall, in like manner, order the succeeding supervisor or supervisors to repay the same as soon as a sufficient sum shall have come to his or their hands; and if any supervisor or supervisors shall neglect to make up and produce his accounts aforesaid, or having produced such accounts, shall neglect, forthwith, to pay the monies which he or they shall be ordered as aforesaid, or shall not deliver up such accounts to their successors, it shall be the duty of any court having cognizance thereof, on application made to them by the trustees or a majority of them, upon satisfactory how reim bursed. Penalty on neglecting their ac supervisors to settle counts. When aggrieved may appeal. Penalty on supervisors who refuse or neglect to do their duty. ered and disposed of proof of such neglect being made, to fine such delinquent in any sum not exceeding forty dollars, and if any supervisor shall think himself aggrieved by the settlement of his accounts as aforesaid, or by any judgment of any justice as aforesaid, he may appeal to the next meeting of the commissioners of said county, who shall take such order therein and give such relief as to them shall appear just and reasonable, and the same shall ccnclude and bind all parties. Sec. 17. And be it further enacted, That all and every supervisor of the public roads, who shall refuse or neglect to do and perform his or their duty, as directed by this act, may be fined in any sum not exceeding ten dollars for every How recov- such offense, to be recovered by any person or persons prosecuting for the same, before any justice of the peace within the county, the onehalf to be applied towards repairing the roads within the district where such fines were incurred, the other half to the person prosecuting: Provided, That if any supervisor or supervisors, shall conceive himself or themselves injured by the judgment of such justice, he or they may appeal, on giving sufficient security for the payment of the costs, to the next court of common pleas, who shall make such order therein as to the said court may appear just and reasonable. When aggrieved may appeal. persons highways. Sec. 18. And be it further enacted, That if any Penalty on person or persons shall obstruct any public obstructing road or highway, laid out or that hereafter may be laid out, or to be kept in repair by law, and shall suffer such obstruction to remain to the hindrance of travelers, every person or persons so offending, shall, for every such offense, forfeit and pay a sum not exceeding twenty dollars, nor less than two dollars, to be recovered by an action of debt, at the suit of any person, before any court having cognizance thereof, in the county in which the offense shall have been committed, the one-half to the person prosecuting and the other half to be appropriated in manner aforesaid. Sec. 19. And be it further enacted, That if any person shall take down, obliterate or destroy, any advertisement or written notice necessary to be put up under this act, he, she or they, so offending, shall, for every such offense, forfeit and pay ten dollars, to be recovered in an action of debt, at the suit of any person prosecuting, before any court having cognizance thereof, to be held in the county where such offense was committed, the one-half to the person prosecuting and the other half to be appropriated in manner aforesaid. Sec. 20. And be it further enacted, That if How recov posed of. ered and dis Penaly for or destroytisements. taking down ing adver Persons prosecuted, how to plead. Surveyors, etc., how compensated. Repealing clause. When to take effect. any person or persons shall be sued under the provisions of this act, he, she or they, may plead the general issue, and give this act and the special matter in evidence, and no such suit or action shall be brought or maintained, unless it shall have been commenced within three months after cause given. Sec. 21. And be it fnrther enacted, That all persons hereafter mentioned, appointed to render services under this act, shall receive as a compensation for each day allowed by the commissioners, the following sums: viewers, one dollar; chain carriers and markers, seventy-five cents, and surveyors, one dollar and fifty cents, to be charged as costs and expenses, and to be paid according to the provisions of this act. Sec. 22. And be it further enacted, That all acts and parts of acts, coming within the purview of this act, be and they are hereby repealed, and that this act shall commence and be in force from and after the tenth day of March next. ELIAS LANGHAM, Speaker of the house of representatives. February 17th, 1804. NATH. MASSIE, Speaker of the senate. CHAPTER XXIX. An act, to incorporate the town of Chillicothe, in the county of Ross. Sec. 1. Be it enacted by the general assemby Boundaries. of the state of Ohio, That such part of the township of Scioto, in the county of Ross, as is included within the following limits and boundaries, that is to say: beginning at the north-east corner of the outlot number forty-seven, as numbered on the plat of the out-lots of Chillicothe; thence south seventy-five degrees west, one hundred and five poles and three-tenth parts of a pole, to the northwest corner of the outlot number fifty-six; thence south, fifteen degrees east, three hundred fifty-five and seven-tenths parts of a pole, to the southwest corner of outlot number one hundred sixty-seven; thence north seventy-five degrees, east seventy-seven and five-tenth parts of a pole, to the northwest corner of out-lot number one hundred thirtyone; thence south fifteen degrees east, twentysix poles and one-tenth part of a pole, to the southwest corner of out-lot number one hundred thirty-one; thence north seventy-five degrees east, one hundred sixty-one poles to the north 15-Vol. 2 |