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by setting up at least five copies of such notice, in the town-
ship or townships in which such change or alteration is propos-
ed to be made.

change to be by

give bond

Condition of the

Sec. 6. That the application for such change or alteration Application for shall be by petition to the county commissioners, signed by at petition least twenty freeholders, residing in the county where such change or alteration is proposed to be made; which petition shall particularly specify the cha ge or alteration intended to be inade: and such petition, (lawful notice having been given,) may be filed with said commissioners, at any one of the regular sessions of their board, as required by law: and at the time of presenting said petition, the signers, or some one thereof, shall one or more of enter into bond, with two or more good and sufficient freehold the signers to ers as securities, to be approved of by said commissioners, made payable to the State of Ohio, for the use of the county, conditioned for the payment of all expenses accruing in any manner bond under this act, in case that upon final hearing, the change or alteration prayed for should not be granted; and also, that in case the change or alteration, as prayed for, should, upon final hearing, be granted, the petitioners shall, within one year thereafter, cause the part or parts so adopted in place of the former rout, to be made in all respects as good as the former rout was at the time of such change: and upon receiving and filing such petition and bond, the commissioners shall appoint some particular day of their next session, on which they will attend for the purpose of hearing remonstrances, or granting an order for a review, agreeably to the prayer of said petitioners.

may be present

ed

Commissioners

mony and grant

Sec. 7. That at the time fixed upon, as provided for in the Remonstrances preceding section, it shall be lawful for any person or persons having objections to the change or alteration of such State road, to present his, her, or their remonstrance, in writing, against the same, and also to attend in person, with his, her, or their testimony, which the commissioners are authorized to hear and examine; and thereupon the said commissioners shall, may hear testiv as they in their discretion may judge for the public good, grant or refuse a r or refuse a review of so much of said road as is prayed to be view altered, and described in said petition: and in case the said commissioners shall decide that a review shall be had, they shall appoint three disinterested freeholders, residing in the county, but not in any township in which such change or alteration is proposed to be made: and it shall be the duty of the said viewers to employ a skillful surveyor, chain carriers and markers, who, with the viewers and commissioners, shall, in the discharge of their several duties, be governed by the provisions of the act for opening and regulating roads and high

ways.

when reviewerg report in favor

Sec. 8. That if, in the opinion of said viewers, a change Proceedings in the direction of said road may be advantageously made; which opinion shall be reported in writing to the commission- of a change ers, who may thereupon, in their discretion, authorize and di

rect such change to be made; and it is hereby made their duty, if they authorize and direct such change, to cause the plat and survey of such variation from the original rout, to be recorded: and in case any person or persons shall consider him, her, or themselves aggrieved by the new location of such road, such claim or claims for damages may be presented, and shall be assessed and paid in the manner prescribed by the fifth section of the act for opening and regulating roads and highways.

Sec. 9. That no change shall be made in the direction of a No change to be State road where it crosses the line between two counties, una less by mutual agreement in the report of the viewers appointed by the commissioners of each county, and by the concurrence of commissioners of the commissioners of the two counties interested; in which

made a ross couv

ine with

ou concurente

of both counties. last case, the plat and survey of the variation from the original

made, old rout may be vacated

rout shall be recorded in both counties.

Sec. 10. That when a change shall be made in any State When change is road, agreeably to the provisions of this act, so much of the old road as lies between the points of intersection of the new and old roads, may be, by the commissioners of the county in which such change is made, declared vacated, whenever in their opinion it may be expedient, after the end of one year from the acceptance of, and agreement to, the report of the viewers, as herein before provided.

from

the deci

Sec. 11. That on the report of the viewers, as specified in Appeal allowed the eighth section of this act, and the final decision of the comsion of the commissioners thereon, any person or persons aggrieved by such decision, shall have a right to appeal to the court of common pleas of the proper county, in the manner pointed out in the "Act for opening and regulating roads and highways."

missioners

not

make new

Sec. 12. That if, at the end of one year from the final deciIf petitioners do sion of the commissioners in favor of a change of the location roads as good as of any road, or part thereof, in their county, and if an appeal the old, in one shall hav been taken from such final decision, and on trial such te instituted on decision confirmed; then, if at the end of one year from the

year, suit shall

the bond

judgment on such appeal, the petitioners aforesaid shall not have caused such new road to be opened, and mad as good in every respect for the public use and benefit as the old road was at the time of making such change or alteration, the commissioners shall institute a suit upon the bond by them taken, as provided for in the sixth section of this act; and the sum for which the court is hereby authorized to render judgment, shall What amount re be such amount as, from proof. may be adjudged necessary to covered, & how make said road, so adopted in place of the old, as good as such old road was at the time of the alteration aforesaid; which amount so recovered, shall be expended by said commissioners in constructing and improving such new road.

applied

Sec. 13. That all persons heretofore appointed commissioncommis ers to lay out and establish any State road, or receive subscriphereto tions or donations for opening and improving the same, shall, to account with within one year from and after the passage of this act, make

Road
sioners
fore appointed,

în

their offices to

returns of all such subscriptions or donations, or the unexpend-supervisors
ed balances thereof, to the supervisors of highways through one year, and
whose districts such road may pass, and their offices as commis- cease
sioners shall from thenceforth cease: and the supervisors, or
either of them, to whom such returns are herein required to be
made, may prosecute any such road commissioner who shall
refuse to make a settlement for all such subscriptions or dona-
tions, or unexpended balances thereof, before any court having
cognizance of the same, or may prosecute, or continue prose- May be sued for
secutions already commenced, against any person or persons for unexpended ba
such subscription, donation, or unexpended balance thereof; lances
which amount so received or recovered, said supervisor or su-
pervisors shall cause to be expended on the road for which such
donation was originally made.

hereafter

ap

pointed to conti

Sec. 14. That any person who may be hereafter appointed Commissioners a commissioner to lay out and establish any State road, and receive subscriptions and donations thereon, may continue to per nue two years, form his duties as such for two years, and no longer, unless and then account otherwise specially provided tor by law; and when such two years shall have expired, such commissioner or comm.ssioners shall account with the supervisors of highways, and shall, in all other respects, be governed by the preceding section of this act.

der this act, anti

Sec. 15. That each road com nissioner and surveyor em- Compensation ployed to lay out and establish any road, under the provisions for services un, of this act, shall receive one dollar and fifty cents, and all other how part persons so employed, seventy-tive cents each, per day, for their services as aforesaid; the amount of which expenses shaile paid out of the county tre suries of the counties wherein such road may be established, in proportion to the distance the same may be established in each county respectively, on the order of the county auditor: and the road commissioners aforesaid, shall in all cases certify to the commissioners of each county aforesaid, the whole length of time each person may have been employed in laying out and establishing such State road; also, the full amount of compensation due to each person for the ser. vices aforesaid.

Commissioner's

Sec. 16. That each commissioner appointed to lay out a State road under the provisions of this act, is hereby authorized to may receive do receive subscriptions or donations for the opening or improving said road, or any part thereof; which donations or subscriptions they shall deposit with the auditor of the county in which the road for which such donations or subscriptions were made shall be situated, to be appropriated for improving and opening said road, under the direction of the supervisor of the proper district: and the supervisor aforesaid, shall be authorized to collect the amount of such subscriptions by action of debt, as in other cases.

Sec. 17. That if any person or persons shall consider him, Applications q ber or themselves aggrieved by the laying out and establish damages,

made

how

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ing, vacating or altering, or application for damages, on any State road through his, ber or their land, such person or persons may prefer his, her or their petions or complaints in writing to the county commi sioners; and in all such cases the said commissioners ss all be governed by the provisions of the act, entitied "An act for opening and regulating roads and highways," in similar cases.

Sec. 18. That the act, entitled "An act defining the mode of Acts repealed laying out and establishing State roads," passed February twenty-fifth, eighteen hundred and twenty-four; the act, entitled "An act to amend the act, entitled An act for opening and regulating roads and highways," passed February seventh, eighteen hundred and twenty-five; the act er titled “An act to amend the act, entitled 'An act for opening and regulating roads and highways."" passed January thirty-fir-t, eighteen hundred and twenty-six; the act, entitled "An act to amend the act foro pening and regulating roads and highways,"" pa-sed February eighth, eighteen hundred and twenty-six; the act, entitled "An act to amend the act, entitled 'An act defining the mode of laying out and establishing State rods," passed January twenty-ninth, eighteen hundred and twenty-seven; the act, entitled "An act authorizing county commissioners to grant reviews, and change the direction of State roads within their respective counties, in certain cases," passed February second, eighteen hundred and twenty nine; and the act, entitled "An act to repeal part of the fourth section of an act, entitled 'An act defining the mode of laying out and establishing State roads;"" be, and the same are hereby repealed: Provided, That no acts heretofore done, or contracts entered into, or liabilities incurred, under the authority of any of the provisions of the actsherein before enumerated, shall be annulled, or in any wise affected, by the provisions of this aet.

Proviso

This act shall take effect and be in force from and after the first day of October next.

March 14, 1831.

JAMES M. BELL,

Speaker of the House of Representatives.

SAMUEL R. MILLER,

Speaker of the Senate.

AN ACT for opening and regulating roads and highways.

Sec. 1. Be it enacted by the General Assembly of the State of County roads Ohio. That all roads and highways which have been, or may to be 60 feet hereafter be, laid out and established agreeably to law, with

wide

in this State, shall be opened and kept in repair in the manner hereinafter provided; and all county roads shall hereafter be laid out and established agreeably to the provisions of this acts and all county roads shall be sixty feet wide.

for county

Sec. 2. That all applications for laying out or altering any county road, shall be by petition to the commissioners, signed Applications by at least twelve freeholders of the county, residing in the roade to be by vicinity where said road is to be laid out or altered; and said petition to the petition shall specify the place of beginning, the intermediate commissioners points (if any) and. the place of termination of said road: and one or more of the signers to said petition shall enter into bond with sufficient security, payable to the state of Ohio, for the use of the county, conditioned for the payment of all costs and expenses arising from the view and survey of said road, unless the same shall be established a public highway.

Petitioners to

give bond

Sec. 3. That previous to any petition being presented for a county road, or for the alteration of a county road, notice Notice of application bow thereof shall be given by advertisement, set up at the auditor's given office, and in three public places in each township through which any part of such road is designed to be laid out or altered, at least thirty days previous to the meeting of the commissioners, at which the petition shall be presented: and on the petition being presented, and the commissioners satisfied that notice has been given as aforesaid, they shall appoint three Commissiondisinterested freeholders of the county, as viewers of said road, and a skillful surveyor to survey the same; and shall issue an surveyor, and order directing said viewers and surveyor to proceed, on a day issue an order to be named in said order, or on their failing to meet on said day, within five days thereafter, to view, survey and lay out or alter said road.

ers to appoint viewers and

Sec. 4. That it shall be the duty of the viewers and surDuty of viewveyor appointed as aforesaid, after receiving at least six days'ers and surprevious notice by one of the petitioners, to meet at the time veyor and place specified in the order of the commissioners aforesaid, or within five days thereafter, and after taking an oath or affirmation, faithfully and impartially to discharge the duties of their appointments respectively, shall take to their assistance two suitable persons as chain carriers, and one marker, and proceed to view, survey and lay out or alter said road, as prayed for in the petition, or as near the same as in their opinion a good road can be made, at a reasonable expense, taking into consideration the utility, convenience and inconvenience and expense which will result to individuals as well as to the public, if such road shall be established and opened or altered: and the surveyor shall survey such road under the direction of Road to be the viewers, and cause the same to be conspicuously marked conspicuously throughout, noting the courses and distances; and at the end marked of each mile shall cause the number of the same, and also the commencement and termination of said road or survey, to be marked on a tree or monument erected for that purpose: he shall also make out and deliver to one of the viewers, without delay, a correct certified return of the survey of said road, and a plat of the same; and the viewers shall make and sign a report in writing, stating their opinion in favor of or against

Viewers to t port in writ

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