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AN ACT defining the mode of laying out and establishing lownship roads.
Sec. 1. Be it enacted by the General Assembly of the State of Applie Ohio, That if any person or persons shall, for the convenience for township of themselves and neighbors, wish to have a township road laid roads to be by out, from the plantation or dwelling place of any person or pe persons; or from any mill, or house of public worship; or to tres any public road, or from one public road to intersect another: it shall be lawsul for such person or persons to petition the trus. tees of the proper township, for the same, after giving thirty Thirty days? days' previous notice thereof, by advertisement posted up at notice to be three public places within said township, setting forth in said given advertisement the place of beginning, intermediate points, if any, and place of termination, of said proposed road.
Sec. 2. That on such petition being presented to the trus- Trustees to tees, and they being satisfied the proper notice has been given appoint three as aforesaid, the petition shall be real in open meeting of said and sorgevor trustees: and they being satisfied that such proposed road is necessary, they shall appoint three judicious, disinterested landholders of the township, and a surveyor, who shall; aster being duly sworn, take to their assistance two chain carriers and a marker, and proceed, at the time directed by the trustees, or within three days thereafter, to view the ground along which their cui such road is proposed to be established, as near the prayer of the petitioner or petitioners, as a good road can be had at a reasonable expense; and shall take into onsideration the advantages and disadvantages which will arise to the applicant or applicants for said road, as well as to the owner or owners of the land through which it is proposed to establish the same, and the amount of damages he, she, or they may sustain.
Sec. 3. That said viewers shall make a report, in writing, To report in to the trustees, setting forth their opinion in full on the subject, writing together with a statement of the damages, if any, assessed to each person through whose land the road is proposed to be established; which report, together with a return and plat of the survey of said road, shall be deposited with the township clerk, Report and
plat to be des who shall notify the trustees thereof: whereupon, the said trus-posited with tees shall, at their next meeting, cause said report to be read: township cl'k and is the same be in favor of establishing said road, and the trustees deem it reasonable and just, they being satisfied that the damages, (if any have been claimed and assessed,) have been paid or secured to be paid, by the petitioner or petitioners, the clerk of the township shall enter the said report on record; and the trustees shall issue their order to the petitioner ir road be or petitioners, or any of them, to open said road thirty feet graoted, irukwide: and from thenceforth, the same shall be considered a tees to order
petitioners to private or township road, subject to be kept open and in re
10 open ga me 30 pair at the expense of the applicant or applicants for the same: feet wide but is the viewers shall report that the prayer of the petitioner When viewers or petitioners is unreasonable and ought not to be granted, no report agaiost
the road, ap-further proceedings shall be had thereon by said trustees; and plicant to pay all costs accruing under the provisions of this section, shall be the coet paid by the person or persons making application for such road.
Sec. 4. That an appeal from the final decision of the trusAppeal allow. tees of the township on any petition or report for a road, shall ed from the be allowed to the court of common pleas; who shall, if in their desision of
opinion justice require it, order another view of said road, or
make any other order which they may deem just and reaso: Appellant to able in the case: Provided, The appellant shail enter into give bond bond to the State of Ohio, for the use of the township, in the within filteon sum of one hundred dollars, with one or more good and suffidays
cient sureties, to the acceptance of the township treasurer, within fifteen days from the date of the decision of said trustees, conditioned for the payment of all costs and expenses arising from such appeal, if the road shall be established by the court of common pleas; which appeal shall be entered with the clerk of the proper county, on or before the second day of the term next after the appeal shall have been taken: and no order shall issue for opening any township road until fifteen days after the same shall have been established; at which time the clerk of the township may issue such order by direction of the trustees, unless an appeal has been perfected agreeably to the provisions of this section.
Sec. 5. That the fourteenth section of the act, entitled nesled "An act for opening and regulating roads and highways," pas
sed February the twenty-sixth, one thousand eight hundred and twenty-four; and the first section of the act amendatory thereto, passed February the eighth, one thousand eight hundred and twenty-six; and all laws and parts of laws, contrary to the provisions of this act; be, and the same are hereby repealed.
Sec. 6. That whenever any township road becomes useTownship
less, any one or more residents of the township, may, after givroads, how ing the same notice required in the first section of this act, petiTaoated tiop the trustees to vacate the same: and if said trustees shall be
satisfied that the proper notice has been given, and no injustice will be done thereby, they shall, at their next regular meeting, declare the same vacated, and give notice thereof to the township clerk, who shall enter the same on the records of the towne ship.
This act to take effect and be in force from and after the first day of June next.
JAMES M. BELL,
Speaker of the Senate.
.. AN ACT defining the duties of supervisors of ronds and high waył.
Sec. 1. Be it enacted by the General Assembly of the Stale of who shall Ohio, That all male persons between twenty-one and sixty liabic to labor years of age, who have resided three months in this State, and on public who are not a township charge, shall be liable yearly and every Foalls year, to do and perform two days' work on the public roads, under the direction of the supervisor within whose district they may respectively reside.
Sec. 2. That it shall be the duty of every supervisor, to or- Supervisor to' der out every such person resident as aforesaid, between the order out, and first day of April and tirst day of October, annually, to do and perform the work aforesaid, on the public roads within his district; and if any such resident, being personally warned by the supervisor, or by leaving a written notice at his place of abode, or by some person under the direction of the supervisor, by wiom such warning can be proven, shall refuse or neglect, hay. Penalty for re ing had at least three days' notice, to attend by himself or sub-fusing to labor
or obey orders stitute, to the acceptance of the supervisor, on the day, and at of god the time and place directed by the supervisor; or having attended, shall refuse to obey the directions of the supervisor, or shall spend the time in idleness or inattention to the duties assigned him: every such delinquent shall forfeit and pay for each day he shall so refuse or neglect to attend, or for any of the offences above specitied, the sum of one dollar, to be recovered by action of debt before any justice of the peace, of the proper township, at the suit of the supervisor within whose district such delinquent may reside: and the money so collected shall be paid over to the township treasurer, and accounted for by the said supervisor, at the annual settlement with the trustees of his township.
Sec. 3. That in case any person shall remove from one dis- Person pece trict to another, who has, prior to such removal, performed the forming labor
and removing whole or any part of the labor aforesaid, or in other respects has paid the whole or any part of the amount aforesaid, in lieu discharye of such labor, and shall produce a certificate of the same from the supervisor of the proper district, such certificate shall be a complete discharge for the amount therein specified.
Sec. 4. That every person called upon to perform any la- Laborers to bor upon the public roads and highways, under any of the pro- appear at i visions of this act, shall appear at the place appointed by the o'close supervisor, as the hour of seven o'clock in the forenoon, with such necessary tools or implements as said supervisor may direct; and the supervisor may, if necessary for the improvement of the roads, order any person owning the same, to furnish a team of horses or oxen, and wagon, cart, scraper or plough, to Supervisor be employed or used on the roads, under the direction of said Day direct supervisor, who shall allow such person a reasonable compensa. herman
ho shall allow such person a reasonable compensa nisbeures de tion for the use of such team, wagon, cart, ecraper or plougl, in discharge of any labor or tax due from said person.
sk A. W
Sec. 5. That all persons who may be deemed by the suDisalleet persuas pervisor unable to perform, or cause to be performed, the two
days' work required by this act, shall be exempted from the requisitions of the same.
Sec. 6. That whenever it shall happen, in consequence of Persons not wor sickness, absence from home, or any other cause, that the two king in time niny die required to days works atoresaid, sh
ny days' work aforesaid, shall not be performed within the time work ui enolder specified in this act, the supervisor shall be authorized to re
quire the performance of such work at any other time.
Sec. 7. That the trustees of townships shall, on the first Trustcee lo di Monday of March, annually, divide their respective townships vide inw na NB into suitable and convenient road districts, and cause a brief
description of the same to be entered on the township records, and in case any public road shall be established as a part of the line or boundary of any township, the trustees in the adjoiding townships shall meet at some convenient place, as soon after the first Monday of March as convenient, and apportion such road or roads between the two townships, as justice and equity may require, for the purpose of opening and improving the same; and the supervisors and inhabitants of each township shall be bound to work on said road or roads accordingly.
Sec. &. That the several supervisors, within their respecFires and prnal tive districts, shall collect ly suit or otherwise, all fines, for
reruing, hun feitures and penalties, arising and accruing under the provicollected and ap sions of this act, unless the collection thereof is otherwise herepropriated in provided for, and pay the same into the township treasury,
on or before the first day of March, annually, taking the treasurer's receipt for the same; which receipt shall be the proper voucher for the supervisor to settle with the trustees for the amount thereof; and all fines and forfeitures sued for, and recovered under the provisions of this act, by any other person than a supervisor, shall be paid over within twenty days, by the justice of the peace or constable collecting the same, to the township treasurer, taking his receipt therefor: and the trustees shall cause all moneys, so paid into the township treasury, to be immediately appropriated to repairing the public roads in such road district wherein such fine or forfeiture accrued:
and if any person shall be sued for doing or performing any act Enis are my he or thing required or authorized by this act, such person may
e plead the general issue, and give this act and the special mattcr in evidence: and no suit or action shall be brought or maintained, unless it shall save been commenced within six months after the cause of such action shall have arisen: Provided, That nothing in this section shall be so construed as to prevent the trustees of any township from collecting or recovering any moneys in the hands of the township treasurer, or supervisors of
roads and] highways. Power of super Sec. 9. That it shall be the duty of each and every supervisor Ing. construction to open, or cause to be opened, all public roads and highways and repairing which have been, or mar bcreafter be, laid out and established
through any part of the district assigned to such supervisor, and keep the same in repair: for which purpose the supervisors are hereby authorized to enter upon any unimproved lands near or ad. joining the public roads; to cut and carry away any timber; to dig, or cause to be dug, and carried away, any gravel, sand or stone, or gather any loose stone, which may be necessary to improve or repair the roads; and to enter on any lands adjoining or lying near the roads, to make such drains or ditches through the same, as they may deem necessary for the benefit of the roads; doing as little injury as may be to said lands: and the drains or ditches so made, shall be kept open by such supervisors, if necessary, and shall not be stopped or obstructed by the owner or occupier Penalty for ob of such lands, or any other person or persons, under the penalty structing draing, of forfeiting a sum not exceeding ten dollars for each offence; to o be recovered and appropriated as provided in the preceding section of this act.
Sec. 10. That if any person or persons shall feel aggrieved, Damages for tak by any supervisor's cutting or carrying away any timber or stone intelis
"fe., how obtain as aforesaid, they may make complaint thereof to the county com- ed missioners of the proper county, at any regular meeting, within six months after the cause of such complaint shall exist: and the commissioners shall appoint three disinterested freeholders of the county; whose duty it shall be, after having taken an oath or af. firmation to discharge their duty faithfully and impartially, to proceed and examine the matter complained of by the complain ant, and assess and determine the damages, if any, 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, they shall cause the amount aforesaid to be paid to the complainant out of the county treasury; but if, upon view, the said when no dam freeholders should be of opinion that there is no grievance or complainant to cause of complaint, the person or persons so complaining shall pay cost ay the costs of such view.
Sec. 11. That each supervisor within his district shall erect Supervisors to and keep up, at the expense of the township, at the forks of every erect finger State and county road, a post and guide board, or finger board, containing an inscription in legible letters, directing the way and distance to the next town or towns, or public place or places, situated on each road respectively. .. - Sec. 12. That any person charged with a road tax on the Manner of die grand levy, may, either personally, or by an agent, discharge the charging same by labor to be performed on the road within the proper district in that township where such tax may be charged, by any able bodied man, at the rate of seventy-five cents per day for each day's work; which labor shall be performed under the die rection of the supervisor of highways, in such township, and within the proper district: and it shall be the duty of such supervisor to give to any person, for whose benefit such labor was performed, a certificate of the amount of such labor, which certificate
ages are allowed,