The spirit of democracy. [volume] (Woodsfield, Ohio) 1844-1994, 1851-04-23
March "a, 1851.
mo. eel

mo. sci 4YuA III ,IruI
AN ACT further to amend the ''Act for
opening and regulating roads and high
ways"
Sec. 1. Be IL enacted by the General
assembly of the State of Ohio, That so
far as the duties Of assessors Of damages,
as provided for in the sixth section of the'
act to which this is an amendment, in cases
Of laying ont or altering any State or
county road, be and the same are hereby
superseded, and the viewers Of any road
provided for under the third section Of the
act to which this is an amendment, shall,
in addition to their duties as viewers, also
at the same time assess and determine the
damages sustained by any person, through
whose premises any road is proposed TO be
established. in all respects as required by
the sixth section OF the act to which this
is an amendment; and such viewers, shall,
in addition TO their report as viewers, also
at the same time return such assessment
OF damages. and perform the same duties
required Of such appraisers; provided,
that such viewers shall assess damages.
if any arise under the provisions OF the
sixth section Of said act, whether any claim
for damages is made or not. !.H i.z 5'-2
Sec. e. That all appeals to the court
OF common pleas under the seventeenth
section of the act to which this is an
amendment, be and the same are hereby
superseded, and that when notice shall be
given, and bond filed for an appeal, as re-
quired by said section, the appellant shall,
within ten days thereafter, file transcript
of the proceedings before the commission
ers, with any justice of the peace Of the
township in which the premises claimed to
be damaged are situated in whole orin part.
Sec. 8. That such justice shall issue
writ of summons upon such transcript.
against the obligors in the bond filed under
the sixteenth section of the act to which
this is an amendment, and the various acts
amendatory thereof, which writ shall be
served and returned as other wris Of like
character; and in such suits the appellant
shall be plaintiff, and the said obligors de-
fendants. 'i t'Ea .3t aH@ lf.
SEC. a.. That upon return of service
upon such writ, the justice shall issue a
venire for jury Of six disinterested citi.
zens Of the county, and the same proceed
ings shall be had thereon that are now,
or may be hereafter provided, in cases Of
Jury trials before justices Of the peace, by
the act of February IA, 1910, and the va
rious acts amendatory thereof; provided
that such justice and Jury shall examine
personally the line Of the proposed road,
where it passes through the premises in
controversy; and provided further, that the
decision of such justice and jury shall be
final, unless removed to the court Of COM
mon pleas by certiorari, as in other cases.
--- SEC. s. 1t shall be lawful for the county
commissioners, if in their opinion part
only of said road will be Of public utility,
to record and establish such useful part
and reject the residue, in case it be capa-
BILE of division.
1 SEC. 6. That all laws and parts of laws
inconsistent or conflicting with the provi.
sions of this act, be, and the same are
hereby repealed.
JOHN F. MORSE,
Speaker Of the House of Representatives.
..l-a. ~ CHARLES C. CONVERS, 1
#. Speaker Of the Senate.
March 25, 1851. r'a .t
No. 63.] -ao
AN ACT supplementary to an act to pro-
vide for the incorporation of townships,
ri passed March 9Th, 1881.
SEC. 1. Be it enacted by the General
assembly Of the Stale of Ohio, That any
constable within this State, who shall here
after receive list of township officers,
elected or appointed by the trustees. from
the clerk of the proper township, is here
by authorized 10 administer the requisite
oath or affirmation of office, and certify
the same upon the back Of his list or war;
rant, and make return within ten days from
the date thereof -af., 81, G.s.agoa
Sec. 2. This act shall take effect and
be in force from and after the first day of
April next. .ga3. IS .
r.a JOHN F. MORSE, SON
Speaker of the House of Representatives.
4. i s4a,a CHARLES C. CONVERS, RI
..1 bsns,s Speaker Of The Senate.
March 22, 1851. gl .qgg.g5, cana Nh
No. g.. t..-a..f.,o
AN ACT to regulate the speed of Railroad
Locomotives and Cars within the cor
porate limits Of any city, town or village.
SEC. /. Be IL enacted By the General
assembly o the State [cf Ohio,] That the
common council or corporate authorities
of any incorporated city, town or village,
in this State, wherever any railroad track
is laid into, or through such city,, town or
village, shall have authority to ordain, en-
act and enforce an ordinance regulating
the speed Of all locomotives and railroad
cars within such corporate limits; provided,
such ordinance shall not require less rate
of speed than four miles per hour; and
such corporate authorities may bring suit
against any engineer. conductor or rail
road company, violating such ordinance,
and assess and collect A fine of moi less