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bange to be by
Condition of the
lny setting up at least five copies of such notice, in the township or townships in which such change or alteration is proposed to be made.
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 specily the cha ge or alteration intended to be inade: and such petition, (lawful notice having been given,) may be tiled 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, condi- Condi tioned 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.
Sec. 7. That at the time fixed upon, as provided for in the Remonstrances preceding section, it shall be lawful for any person or persone way be 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 commissioners hear and examine; and thereupon the said commissioners shall, inay hear testias they in their discretion may judge for the public good, grant 10 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 whii h such change or alteration is proposed to be made: and it shall be the duty of the sa il viewers to employ a skillful survivor, chain carriers and markers, who, with the viewers and commissioners, shall, in the discharge of their several duties, he governed by the provisions of the act for opening and regulating roads and highways.
Sec. 8. That is, in the opinion of said viewers, a change Proceedings in the direction of said road may be advantageously made; when reviewers
report in favor which opinion shall be reported in writing to the commission- of a change ers, who may thereupon, in their discretion, authorize and di,
mony and grant or refuse are
made, old rout may be vacated
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 secorded: and in case any person or persons shall consider him, her, or themselves aggrieved by the new location oi 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.
Ser, 9, That no change shall be made in the direction of a No cbange to be State road where it crosses the line between two counties, un
ross a less by mutual agreement in the report of the viewers appointou concurrere ed by the comm ssioners of each county, and by tre concurrence of commissioners of the commissioners of the two counties interested; in ubicb of both counties.
last case, the plat and survey of the variation from the original 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 mui h of the old
cated road as lies between the points of intersection of the new avd
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 froo, the acceptance of, and agreement to, the report of the viewers, as herein before provided.
Sec. 11. That on the report of the viewers, as specificd in Appea) allowed the eighih 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 propus county, in the manner pointed out in tbe "Act for opening and regulating roads and highways."
Sec. 12. That is, 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 au appeal the old, in one shall hav, been taken from such final decision, and on trial such de instituted on decision confirmed; then, is at the end of one year from the
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 ibe 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 he euch amount as, from proof, may be adjudged necessary to
bow 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 espended by said commissioners in constructing and improving such new road. .
Sec, 13. That all persons heretofore appointed commissionRoad commis ers to lay out and establish any State road, or receive subscripsioners bereto tions or donations for opening and improving the same, sball, to account wirb within one year from and after the passage of this act, make
not make new
year, suit shall
covered, & applied
pointed to conti
weturns of all such subscriptions or donations, or the unexpend- supervisors in ed balances thereof, to the supervisors of highways through one year, and
*their offices to whose districts such road may pass, and their offices as commis- cea sioners shall from thencetorth cease: and the supervisors, or either of them, to whom such reluriis are herein required to be made, may prosecute any such road commissioner who shall peluse to make a settlement for all such subscriprions or donations, or unexpended balances thereof, before any court having cognizance of ihe same, or may prosecute, or continue prose- Mavi
May be sued for secutions already commenced, against any person or persons for unexpended ba'. such subscription, donation, or unexpended balance thereot; lances which amount so received or recovered, said supervisor or supervisurs shall cause to be expended on the road for which such douation was originally made.'
Ser. 14. That any person who may be hereafter appointed Commissioners a commissioner to lay out and establish any State road, and re- hereafler ap ceive 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 for by law; and when such two years shall have expired, such commissioner or commissioners shall account with the supervisors of highways, and shall, in all other respects, be governed by the preceding section of this act.
Sec. 15. That each road com nissioner and surveyor em- Compensation ploved to lay out and establish any road, under the provisions for services un, of this act, shall receive one doilar and tifty cents, and all other how paid persons so employed, seventy-tive cents each, per day, for their services as atoresaid; the amount of whicb expenses shall e 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 certily 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.
Sec. i6. That each commissioner appointed to lay out a State Commissionera road under the provisions of this act, is hereby authorized to may receive do
natione,& receive subscriptions or donations for the opening or improving natio said road, or any part thereof; which donations or subscriptions they shall deposit with the auditor of the county in wbich 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 for ber or themselves aggrieved by the laying out and establish
der this act, and
ing, vacating or altering, or application for damages, on any Stare road through his, ber or thrir land, suri person or prire sons may prefer his, he's or their petitions or complaints in wri. ting to the county commi sioners; and in all such cases the said commissioners ss all be governed by the rovisions of the art, entitied "An act for opening and regulating roads and bighways," in similar cases..!
Sec. 13. Tatthe act, entitled “ An act defining the mode of laving out and establishing State roads," passed February twenty-Gith, eighteen rundred and twenty-four; the act, entitled "An act toamnd the act, entitled An act for opening and regulating roads and highways,'” passed Fbruary seventh, eighteen hundred and twenty-five; the act er utled "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 “At act to amend the act foro pening and regulati: g roads and highways,”” pa-sed February eighth, eighteen hundred and twenty-six; the act, ena titled "An act to amend the act, entitled An act defining the mode of laying out and establishing Siate ronds,'” 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.
This act shall take effect and be in force from and after the first day of October next.
JAMES V. BELL,
SAMUEL R. MİLLER,
Speaker aj 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, withwide
in this State, shall be opened and kept in repair in the manner hereinafter provided; and all county roads shall hereatter he laid out and established agreeably to the provisions of this act; and all county roads shall be sixiy feet wide,
Sec. 2. That all applications for laying out or altering any county road, shall be by petition to the commissioners, signed appor
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 terminatiou of said road: and Petstio one or more of the siguers to said petition shall enter into give bond 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.
Sec. 3. That previous to any petition being presented for a county road, or for the alteration of a county road, notice Notice
road. notice Notice of a'p. thereof shall be given by advertisement, set up at the auditor's canon om office, and in three public places in ach 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,
as viewere id mod ers to appoint
"viewers and and a skillful surveyor to survey the same; and shall issue an gurveyor, 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. Sec. 4. That it shall be the duty of the viewers and sur
Duty of views veyor appointed as aforesaid, after receiving at least six days' orsan
yers and son previous 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 afirmation, 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 wbich 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 marke 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
* Viewers to fé a report in writing, stating their opinion in favor of or against Curl