made by county AN ACT to provide for the recording of town plats, Sec. 1. Be it enacted by the General Assembly of the State of Towns to be sur Ohio. That whenever any person wishes to lay out a town veyed, and plat within this state, they shall cause the same to be surveyed, and surveyor, seting a plat or map thereof made by the county surveyor, if any forth streets, al there be, of the county in which said town is situated; but if Jeys, etc. there be no county surveyor in the county, then, and in that case, by the county surveyor of an adjacent county: which plat or map shall particularly describe and set forth all the streets, alleys, commons or public grounds, and all in and outlots, or fractional lots, within, adjoining or adjacent to said town, describing the same by courses, boundaries and extent. Sec. 2. That all the in-lots intended for sale, shall be numLots to be numbered in progressive numbers, or by the squares in which they are situated, and their precise length and width shall be stated mensions to be on said plat or map: and all out-lots which shall not exceed ten acres in size, shall in like manner be surveyed and numbered, and their precise length and width stated on the plat or map, together with any streets, alleys or roads which shall divide or border on the same. bered progres. sively, and di stated on plat Stone to be planted at corner fied by surveyor, Sec. 3. That the proprietor of the town, his, her or their agent, shall, at the time of surveying and laying out a town, plant and fix at a corner of the public ground, or at the corner of a public lot, if any there be, and if there be none, then at the corner of some one of the in-lots in the town, and at the corner of each out-lot, a good and sufficient stone, of such size and dimensions, and in such manner, as the surveyor shall direct, for a corner from which to make future surveys; and the point or points where the same may be found, shall be designated on the plat or map. Sec. 4. That the plat or map, after having been completed, Plat to be certi shall be certified by the surveyor, and acknowledged by the acknowledged owner or owners of the town, if resident of this State; or if by proprietor, said owner or owners shall not reside in this State, then, and in that case, by his, her or their agent, legally authorized so to do, before some officer authorized to acknowledge deeds, and recorded in the recorder's office of the county in which said town is situated. and recorded Sec. 5. That if the county in which said town is situated Plats of towns in shall not be organized, then, and in that case, the plat or map shall be recorded in the recorder's office of that county to which the county, in which said town is situated, shall at the time be attached for judicial purposes. unorganized counties, where recorded Subdivision of tions to towns, Sec. 6. That all proprietors of lots or grounds in any city or town corporate in this State, who have subdivided or laid lots and addi- out, or who shall hereafter subdivide or lay out the same in to be platted, lots lots for sale, shall cause accurate and true maps or plats therenumbered and of to be recorded in the office of the recorder of the county in which such town or city may be situated; which maps or plats described, and ged and recorded so to be recorded, shall set forth and describe with certainty, plat acknowledall grounds laid out or granted for streets, alleys, ways, com-in like manner mons, or other public uses; and all the lots sold or intended for sale by progressive numbers, or by the squares in which they are situated, and the precise length and width of each and every lot; and shall be acknowledged before a justice of the peace, or some other officer authorized by law to take and certify acknowledgments of deeds, and shall be certified by the officer taking the same, in the manner prescribed for the proof and acknowledgment of deeds: and such map or plat so recorded, shall be deemed a sufficient conveyance to vest the fee of the parcel or parcels of land therein set forth and described, or intended to be for streets, alleys, ways, commons or other public uses, in such city or town corporate, to be held in the corporate name thereof, in trust to, and for the uses and purposes so set forth and expressed or intended. division or addi recorded Sec. 7. That if any proprietor or proprietors, or his or their Penalty for sel agent or attorney, shall sell any lot or lots, in any plan of sub-ling lots in subdivision of, or addition to the lots originally laid out in any tion to town, town or city in this State, before a map or plat of such subdi- before the plat is vision or addition shall have been recorded, as herein required; such proprietors, agent or attorney, shall forfeit and pay to the State of Ohio, for the use of such town or city, the sum of fifty dollars for each and every lot so sold, to be recovered in an action of debt before any court having cognizance of the same, together with costs of suit, on the complaint of any citizen. Sec. 8. That the plat or map, when recorded, as required by this act, shall be deemed and considered in law, a sufficient conveyance to vest the fee simple of all such parcel or parcels Plat, when reof land as are therein expressed, named or intended for pub- corded, to ope lic use, in the county in which the town is situated, for the uses veyance of the and purposes therein named, expressed or intended, and for no public ground other use or purpose whatever. rate as a con. neglecting to etc, Sec. 9. That if any person shall lay out any town, or addi- Penalty for laytion to any town or city, and neglect to plant the corner stones ing out town and therein, or cause the same to be surveyed and platted, in any plant corners, other manner than that which is prescribed in this act; every person so offending shall forfeit and pay the sum of one hundred dollars, for the use of the county, to be recovered in an action of debt, in the name of the county treasurer. ling or leasing visions of this Sec. 10. That if any person shall dispose of, offer for sale, Penalty for sel. or lease for any time exceeding five years, any out or in-lot lot before com in any town, or addition to any town or city, or any part there- plying with pro of, which shall hereafter be laid out, until all the foregoing act requisitions of this act shall have been complied with; every person so offending shall forfeit and pay, for the use of the county, the sum of twenty-five dollars, for each and every lot or part of lot so sold, disposed of, leased or offered for sale, for the use of the county, to be recovered in an action of debt, în the name of the treasurer of the county. Sec. 11. That the directors appointed by the court of comDirectors laying mon pleas, to lay out a town where a seat of justice has been out town for seat located on lands on which no town is situated, shall be govern verned by this ed in all respects, and be liable to all the penalties of this act. of justice, go, act Act repealed Sec. 12. That the "Act providing for the recording of town plats," passed February 14th, 1805, be, and the same is hereby repealed: Provided, That all penalties incurred under said act, may be sued for and recovered, and shall be appropriated as provided in said act, in the same manner as if said act had not been repealed. This act to take effect from and after the first day of June next. JAMES M. BELL, Speaker of the House of Representatives. March 3, 1831. Court of com. AN ACT to provide for the vacating of town plats, and for other purposer, Sec. 1. Be it enacted by the General Assembly of the State of Ohio, That the courts of common pleas are hereby authorized cation to vacate and empowered, on application for that purpose, made by the proprietor or proprietors, his, her or their heirs, assignee or assignees, of any town, or of any addition of said town, situated within their proper county, to alter or vacate said town or its addition, or any part of either of them. Proprietors to give notice of lot owners, the Sec. 2. That if the proprietor or proprietors of said town, or of the addition thereof, his, her or their heirs, assignce or assignees, shall be desirous of altering or vacating the same, or any part thereof, such proprietor or proprietors, his, her or their heirs, assignee or assignees, shall give notice in writing of such intended application, in at least two places in the county wherein such town may be situated, one to be set up in the most public place in said town, and one on the court house door of said county; and shall also insert a copy of said notice in some newspaper printed in said county; and if no newspaper is printed in said county, then in some one having the most general circulation therein, at least sixty days prior to the sitting of said court, to which he, she or they intend to make such application; and which notices shall set forth and describe the part or parts intended to be vacated or altered, and the right by which the party, making such application, claims. Sec. 3. That if such applicant shall produce to said court On proof of no- satisfactory evidence that the notice, required by the preceding tice and consent section, has been given, and that all persons owning any lot, or court to make an part thereof, in said town, or the addition to said town, as the case may be, their authorized agent or attorney, have agreed that the whole or a part of said town, or its addition, shall be altered or vacated, the court shall, in their discretion, proceed order be recorded by to alter or vacate said town, or its addition, or any part of either: and the proceedings under this act shall be recorded by the clerk, with the records of said court, a copy whereof shall be made out and certified under the seal of said court, by the clerk thereof, and be by the party applying for such vacation or alter- Proceedings to ation of said town, or its addition, within thirty days from the the clerk, &c. rising of said court, deposited with the recorder of deeds for said county, who shall record the same: Provided, That the vacating of any town plat, or its addition, or any part thereof, shall not vacate any part of a State or county road. Sec. 4. That at the term to which the notice shall be given, Pleading before as is provided for in the second section of this act, or at any sub-court sequent term, during the pendency of said application, any person feeling interested in said proceedings, may, upon motion for that purpose, be made party defendant to said application; and in which case, upon final hearing, the party succeeding shall have judgment against the other for the costs of said proceedings, and for which execution may issue as in other cases. Sec. 5. That the clerk of the court shall be entitled to the Clerk's fees sum of fifty cents for the recording of any plat required to be recorded under the provisions of this act; and for such other services, the same fees as are allowed for similar services by the act, entitled "An act to regulate the fees of civil officers in civil and criminal cases," passed February nineteenth, eighteen hundred and twenty-four. Sec. 6. That on application made, and notice given accord- Further power ing to the provisions of this act, the court of common pleas shall of court have power to change any commons that may be included in any town plat within their proper county into streets, and to cause such change to be recorded, as is provided by the third section of this act. Sec. 7. That the act, entitled "An act for the vacating of town plats, and for other purposes," passed December twentyfirst, eighteen hundred and eleven, be, and the same is hereby sepealed. EDWARD KING, Speaker of the House of Representatives. Repealing clause. January 29, 1828. AN ACT defining the mode of laying out and establishing State roads, and changing their direction in certain cases. Sec. 1. Be it enacted by the General Assembly of the State of State roads, h Ohio, That all State roads to be hereafter laid out within this established State, shall be viewed, surveyed, established, and returns made thereof, agreeably to the provisions of this act; and sball be stablished, and complete returns made of the same, within one sioners to em ploy surveyor, chain carriers, &c. year from the passage of the act, by which said road or roads. may be grante or authorized to be laid out respectively. Sec. 2. That whenever the General Assembly shall by law Road commis authorize any road or roads to be laid out and established within this State, and small appoint commissioners to lay out and establish the same; said commissioner shall employ a skilltul surveyor, chain carriers, a marker and other assistants, if necessary; all of whom shall meet at the place where the road is to commence, which they have been appointed to lay out and establish, and proceed to the discharge of the duties of their ap pointments, respectively, at such time as shall be agreed on by the said commissioners, subject to the restrictions prescribed in the first section of this act: Provided, That each commissioner, surveyor and chain carrier shall, before entering on the duties of his appointment, take an oath or affirmation to discharge his duty faithfully, and according to law. To be sworn rout Sec. 3. That each State road shall be laid out from the Road to be laid place of beginning to the place of termination, on the most diOn most direct rect rout that suitable ground can be found whereon to est. blish the same, always having regard to the intermediate points, if any, in such road; and all State roads that shall be hereafter To he sixty feet established agreeably to the provisions of this act, shall be opened and considered public highways, sixty feet wide. wide Directions for laying out, sur. veying and mar king road, &c. Commissioners may authorize roads in their change of State counties Sec. 4. That the commissioners appointed to lay out and establish any State road, shall cause the same to be correctly surveyed and marked, throughout the whole distance of the same, and note the courses and distances thereof; and at the end of each mile, shall mark the number thereof on a tree, or on a monument erected by them for that purpose: and the commissioners and surveyor of each road shall make a certified return of the survey and plat of the whole length of said road, specifying in said return the distance the same may have been laid out in each county; one complete copy of which return shall be signed by a majority of the commissioners, and the surveyor, and immediately deposited in the commissioners' ofhce in each county in which any part of said road shall be laid out; and from thenceforth said road shall be considered a public highway: and the county commissioners shall cause said returns to be recorded and placed on file in their office. Sec. 5. That it shall be law ul for the board of commissioners of any county in this State, to authorize a change or alteration in the direction or rout of any State road, or part of the same, that has been, or may hereafter be, located and estab lished within their respective counties: Provided, That when any petition for such change or alteration shall have been read before said commissioners, and filed in their office, such petitioners shall, at least thirty days before the next stated meeting of such commissioners, cause notice to be given of the filing of said petition, and of the substance thereof, by publication in some newspaper of general circulation in said county, and also, |
