ing, and plat the establishment or alteration of such road, and set forth to be returned the reasons of the same; which report, together with the plat and survey of said road or alteration, shall be delivered to the county auditor, by one of the viewers, on or before the first day of the session of the county commissioners then next ensuing and it shall be the duty of the commissioners, on reReport, etc ceiving the report of the viewers aforesaid, to cause the same to be recorded to be publicly read on two different days of the same meeting; and if no legal application shall be made to them for a review of said road or alteration or petition for damage, between the first day of their session at which the report and survey are made, and the second day of their next stated session, and they are satisfied that such road will be of public utility, and the report of the viewers being favorable thereto, they shall cause said report, survey and plat to be recorded, and from thenceforth said road shall be considered a public highway, and the commissioners shall issue their order directing said road to be opened: but if the report of the viewers be against such proIf road be not posed road or alteration, or if in the opinion of the commisestablished, sioners the same shall be unnecessary, then no further proobligors of the ceedings shall be had thereon; and the obligor or obligors, in the bond securing the payment of costs and expenses, shall be liable for the full amount of such costs and expenses: Provided, That in all cases, where any oath or afbrmation is required to be taken by any person under the provisions of this act, the surveyor may same may be administered by the surveyor, or by one of the viewers or reviewers, who have previously been sworn or af firmed themselves.

bond to pay

cost

Viewers or

administer

oaths

Any citizen may apply for a review

conducted

Sec. 5. That after the viewers of any county road shall have made return in favor of the same, agreeably to the pre ceding section, and before said return shall be recorded and the road established, it shall be lawful for any citizen of the county to apply to the commissioners for a review of said road, by petition, signed by at least twelve freeholders residing in that part of the county through which said road is proposed to be established; and the commissioners shall, on such petition Review how being presented, and they satisfied the same is just and reasonable, appoint five disinterested freeholders of the county to review said road, and issue their order to said reviewers, directing them to meet at a time specified in such order, or within five days thereafter: and said reviewers shall meet after having received six days' previous notice by one of the petitioners, and after taking the oath or affirmation required by the preceding section, shall proceed to examine the rout surveyed for said road by the former viewers, and make a report in writing to the commissioners, stating their opinion in favor or against the establishment of said road, and their reasons for the same; and if the report of the reviewers be in favor of said road, the same shall be established, recorded and opened, agreeably to the provisions of this act; and the person or persons bound for

the same, shall pay into the county treasury the amount of the costs of such review; but if the report be against the estab lishment of such road, no further proceedings shall be had thereon before the commissioners: and the persons executing the first bond shall pay into the county treasury the amount of the costs and expenses of the view, survey and review of said road.

Sec. 6. That if any person or persons through whose land Applications any State or county road may be laid out, shall feel injured for damages, thereby, such person or persons may make complaint thereof how made to the county commissioners, at any time between the session of the commissioners at which the report of said road is made, and the second day of their next stated session; and the commissioners shrill appoint three disinterested freeholders of the county, whose duty it shall be, after having taken an oath or affirmation to discharge their duty faithfully and impartially, to proceed and view said road the whole distance the same may have been established through the premises of the complainant, and assess and determine how much less valuable the land or premises of the said complainant has been, or will be How assessed rendered, by the opening of said road; and they shall report the same in writing to the commissioners at their next meeting thereafter; and if the commissioners shall be satisfied that the amount so assessed and determined be just and equitable, and that said road, will, in their opinion, be of sufficient importance to the public to cause the damages to be paid by the county, they shall order the same to be paid the petitioner from the How paid county treasury; but if in their opinion the said road is not of sufficient importance to the public to cause the same to be paid by the county, they may refuse to establish the same a public highway, unless the damages and expenses are paid by the pe titioners.

Sec. 7. That when any county road shall be considered County road, useless, any twelve freeholders residing in that part of the how vacated county where such road is established, may make application by petition to the commissioners of the county, to vacate the same, setting forth in said petition the reasons why said road ought to be vacated; which petition shall be presented and publicly read at a regular session of the commissioners, and no other proceedings shall be had thereon until the next ses sion of said commissioners, when it shall again be read as aforesaid: and if no objection be made, the commissioners may, on the last day of that session, declare said road vacated, or any part thereof, which they may deem unnecessary to keep open for public convenience; but if objections be made in writing, signed by at least twelve freeholders residing in the neighborhood of the road proposed to be vacated, the commissioners shall appoint three disinterested persons to view said road, who shall take the same oath or affirmation as is required by the fourth section of this act, and proceed to view the road

Notice of application to

be given

when the

road has be

tain

aforesaid, and make a report of their opinion thereof, and their reasons for the same, to the commissioners: and if said viewers shall report in favor of vacating said road, or any part thereof, the commissioners may, if they shall deem it reasonable and just, declare said road vacated, agreeably to the report of the viewers; but in case said viewers shall report against vacating said road, then and in that case, no further proceedings shall be had thereon: Provided, That previous to any petition being presented under the provisions of this section, the same notice shall be given as is required by the third section of this act.

sec. 8. That when the place of beginning, or true course, Proceedings of any State or county road shall be uncertain, by reason of the removal of any monument or marked tree, by which such course of any road was originally designated, or from any other cause, the come uncer- county commissioners of the proper county may ppoint three disinterested land holders of the county to review and straighten said road, if they shall deem it necessary; and said reviewers shall cause said road to be correctly marked throughout as in case of new roads, and a correct survey to be made of the same, and shall make a return of said survey, and a plat of said road to the commissioners, who shall cause the same to be recorded, as in other cases: and from thenceforth said road, surveyed as aforesaid, shall be considered a public highway.

Sec. 9. That if any person or persons through whose land any Person desir. State or county road is, or may be established, shall be desirous ing to turn or of turning said road through any other part of his or their land, change a such person or persons may, by notice and petition, agreeably to ty road thro' the second and third sections of this act, apply to the commissionhis land, how ers of the county while in session, to permit him or them to turn to proceed

State or coup

said road through any other part of his or their land, on as good ground, and without increasing the distance to the injury of the public: and upon the receipt of such petition, the commissioners shall appoint a surveyor, and three disinterested freeholders of the county, as viewers of said road; who, or any two of whom. shall proceed to view and survey the ground over which said road is proposed to be turned, and ascertain the distance which said road will be increased by such proposed alteration, and make out a report in writing, stating the several distances so found, together with their opinion as to the utility or inutility of making said alteration: and if said freeholders shall report to the commissioners that the prayer of the petitioner or petitioners is reasonable, and that the alteration will not place the road on worse ground, or increase the distance to the injury of the public, they shall, upon receiving satisfactory evidence that the proposed new road has been opened a legal width, and in all respects made equal to the old road for the convenience of travelers, the commissioners aforesaid may (if in their opinion the same will be just and reasonable) declare said new road a public highway, and make record thereof, and at the samo time vacate

so much of the old road as is embraced by the new: and the person or persons desiring the alteration aforesaid, shall pay all the costs of the view, survey and return of said alteration.

der this act

Sec. 10. That if any person who shall be appointed by the Penalty for ne county commissioners as a viewer, reviewer or surveyor of any glecting to per road, shall refuse or neglect to perform the duties required by form duty unthis act, without making a satisfactory excuse for such refusal or neglect, he shall be fined in any sum not exceeding five dollars; to be recovered by action of debt, by any person suing for the same, before any justice of the peace within the township wherein the person so appointed, and refusing or neglecting, may reside; and shall be paid over, without delay, by the justice of the peace, or constable, collecting the same, to the treasurer of the township, taking his receipt therefor: and the trustees shall cause all fines which shall be paid into the township treasury, ed and appli under the provisions of this, act, to be expended on roads and ed bridges within their townships.

How recover.

Vices under

Sec. 11. That the following persons, required to render services under this act, shall receive compensation for each day they shall necessarily be employed, as follows, to wit: Viewers and tion for ser. reviewers, one dollar; chain carriers and markers, seventy-five this act cents each; and surveyor, one dollar and fifty cents; to be charged as costs and expenses, and paid out of the county treasury, on the order of the county auditor.

ed.

Road on a

Sec. 12. That when it shall become necessary to establish a road on a county line, the inhabitants along such line may peti-county ne, tion the commissioners of their respective counties for a view of how establishsuch road, in the manner pointed out in the preceding sections of this act; and it shall be the duty of such boards of commissioners for each of the counties interested, to appoint two discreet landholders as viewers, who, or a majority of them, shall meet at the time and place named in the order of the commissioners of the oldest county interested, who shall appoint a surveyor; and the viewers and surveyor appointed as aforesaid, shall make their report in writing, for or against such road, to the commissioners of the counties concerned: and the said commissioners, upon receiving such report, shall in all respects be governed by the pro visions of this act.

Sec. 13. That if on receiving such report, the commissioners Commission. of all the counties interested shall be of opinion that such road, ers of all coun if opened, would be of public utility, they shall order the same ties interested to be opened in the manner pointed out by this act.

to concur.

bor

Sec. 14. That when any road is located and ordered to be Duty of townopened by the provisions of the eleventh and twelfth sections of ship trustees this act, it shall be the duty of the trustees of the several town-in assigning la ships adjoining such road, to select one from their number, whose duty it shall be to meet at some convenient place near the line of the same (the time and place to be appointed by the trustees of the oldest township interested,) previous to the time appointed by law for apportioning labor to their respective road districts,

and shall assign a sufficient number of persons to open such road and keep the saine in repair, dividing the road in such manner, that the persons so assigned may work under the orders of the supervisors in the township to which they belong; and the supervisors and persons so assigned shall be governed by the provisions of the act, entitled "An act defining the duties of supervi sors of roads and highways."

Sec. 15. That when a road has been, or shall be established, Road on coun on a county line, the commissiouers, trustees and supervisors ty line, how shall, for the purpose of opening and keeping the same in repair, be governed by the provisions of the eleventh, twelfth and thirteenth sections of this act.

ope ed and re

paired

plicant in ali

cases

Sec. 16. That on all applications made under the provisions of Bond to be ta this act, the county commissioners shall, before granting any orken from an der thereon, require of the person or persons making such appli cation, a bond, with one or more sufficient suretics, made payable to the State of Ohio for the use of the county, conditioned that the person or persons making such application for a view, review, altcration or vacation of any road, or damages on the same (as the case may be), shall pay into the treasury of the county the amount of all costs and expenses accruing on such view, review. alteration or vacation, or application for damages, in case the same shall not be granted, or the proceedings had thereon finally confirmed or es ablished.

Sec. 17. That an appeal from the final decision of the comAppeal allow missioners on any petition for a new county rond, or for vacating, from he de altering or reviewing any State er county road, or for damages the sustained by the samc, shall be allowed to the court of common logs: Provided, That notice of such appeal be given by the apapellants during the same session of the commission

r

d decision was made; and the appellant or apscein fifteen days thereafter, enter into bond with fcient security, to be approved by the county audipymeat of all costs and expenses arising from such

he court of common pleas may, if in their opinion the interest of the public require the same, order w or review of such road, or make any other order they may deem just and reasonable in the case; and no issue in any of the cases aforesaid, until after fiftays had have expired from the time of making such deciSat winch time the auditor shall issue such order, unless an appeal has been perfected agreeably to the provisions of this

section.

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

JAMES M. BELL,

Speaker of the House of Representatives,
SAMUEL R. MILLER,

March 14, 1831.

Speaker of the Senate: