The spirit of democracy. [volume] (Woodsfield, Ohio) 1844-1994, 1851-04-23

NJ Iue ulSCTeuOu VI tHc COuit.
baa Iesfts JOHN F. MORSE, aac
bSpeaker ofMe House of Representatives..
,as'sisaoai CHARLES C.. CONVERS,
Speaker Of the Senate.
March 25, 1851. HsA
'ehaYs.t'9 mo. co. ~
AN ACT to amend an act entitled an act
prescribing the duty ofSupervsors, and
relative TO roads and highways, passed
March 90, 1887. oi.
ioaSEe l.-Be IL enacted by the General
assembly of the State Of Ohio, That the
residence Of a single man, for road puf-
poses, shall be held to be at the place
whereat he boards, in any road district in
this State. af aa eifa .a
sdl ssss1 JOHN F. MORSE. ra
Speaker of the House Of Representatives.
ei eiss ats CHARLES C. CONVERS.
sssdlaq st' af Speaker Of the Senate.
sdMarch 20, 1851. 9 @a9a
ri E:f8 -1s2g mo. 81. 9
AN ACT further to amend the "act pre-.
eyscribing the duties Of Supervisors, and
TO relating to roads and highways" pas
sed March Goth, 1887. W
SEC. 1. Be IL enacted By the General
.Assem5lyof the Stale Of Ohio, That ifany
person, body polite or corporate, shall
6bssruct any public road or highway, au-
thorized by any law Of this State. and suit
fer such obstruction to remain to the him
drance or inconvenience of persons maxi
ing use OF such public road or highway,
or shall, by virtue of any authority what
ever or otherwise, change the line, fill up,
or dig out the bed OF any such road or
highway, or in any other manner render
the same less convenient or useful than 1t
had been previously thereto, such person,
BODY corporate or polite, shall be subject
10 an action on the case, at the SUIT OF the
Commissioners Of any county, or superyi-
Isor in any district. in which such road or
highway is situate in whole or in part. ~
is'SEc. 2. Thatthe commissioners Of any
county, or supervisor of any district, in
which any such road or highway is situate,
ia whole or in part, shall also have the
Fight 10 apply TO any court Of record, for
an Injunction to restrain the commission OF
any injury contemplated by the first Sec
ton of this act; and the same shall be
granted or refused, according 10 justice
and equity, . .,
SEC 8. That any suit brought under
the provisions Of this act, and the act to
which this is an amendment. shall be in
the official capacity of any such commits.
sioners or supervisors respectively, and
'notin their individual names; andthe same
shall not abate by the change OF officers,
but shall.be prosecuted by their successors,
the same as If no change had taken place,
TO final Judgment, unless otherwise els
posed Of,
hsSEc 4. That the measure Of damages
m any suit brought under the provisions
OF fthe first section of this act. shall be
full compensation to the public for the loss
Of, or injury to. such road or highway; and
the1 damages recovered in any such suit,
afierpaying the expenses of the same, shall
be trust fund in the hands of such COM
,missioners or supervisors respectively, to
be applied to the repair Of such road or
highway, or 10 be expended upon the pub
Tic roads OF such district or county, as
justice or equity may require.
70 SEC. S. That all avenues, streets and
allows, in towns and cities, which are or
may be laid out agreeably to law. shall be
and the same are hereby declared public
highways, for every purpose whatever;
provided, that the municipal authorities OF
any yipcorporated city or town, may make,
.ordain and enforce such laws and .ordi.
nances concerning the sidewalks of the
streets Of such city or town, as shall be
deemed necessary to prevent such side
walks from being used for the passage oi
horses, wagons or other carriages, or for
,hitching or standing horses, or other ami
mails thereon.
lasSEc. s.. That the tenth section OF the
act entitled "an act prescribing the duties
Of supervisors, and relating 10 roads and
lhighways," passed March goth, 1887, and
-allacis and parts Of acts inconsistent here
with. be and the same are hereby repealed;
Provided, that the passage Of this act shall
mot affect any suit pending on the first day
of March, 1851, but the same shall be dis
iIposed of as If this act had not been pas
I'D; but In all causes Of action for which
&l{t shalInot have been commenced before
he. said first day of March, the same shall
. sbersgalated dunder the provisionsofthis act