Fremont weekly freeman. [volume] (Fremont, Sandusky County, Ohio) 1850-1853, 1851-04-12
mo. GIL
March 20. 1851.

ANO. OA'
AN ACT further 10 amend the TACT prescrbipp The
duties Of Supervisors, and relating to rouds and
highways passed March 90, 1887.
Sec l. BE at enacted By the General As-
sem6Ly Of the State of Ohio, That if any per-
son, body polite or corporate, shall obstruct
any public road or highway, authorized by any
law of this State, and suffffer such obstruction
to remain to the hindrance or inconvenience
|of persons making use of such public road or
highway, or shall, by virtue of any authority
whatever or otherwise, change the line, fill up,
or dig out the bed of any such road or high
way, or in any other manner render the same
less convenient or useful than it had been pre-
viously thereto, such person, body corporate
or polite, shall be subject to an action on the
case, at the suit of the commissioners Of any
county, or supervisor in any district in which
such road or highway is situate, in whole or in
part
Sec 2. That the commissioners of any
county, or supervisor of any district, in which
any such road or highway is situate, in whole
or in part, shall also have the right to apply to
any court of record, for an injunction to re-
strain the commission of any injury contem-
plated by the first section of this act; and the
same shall be granted or refused, according to
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 commissioners or super
visOrs respectively, and not in their Individual
names; and the 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, 10 final judgment unless other
wise disposed Of
Sec. 4. That the measure Of damages in
any suit brought under the provisions of the
first section of this act, shall be a full compen-
sation to the public for the loss Of or injury to,
such road or highway; and the damages re-
covered in any such suit, after paying the ex-
penses of the same, shall be trust fund in
the hands of such commissioners or supery-
sors respectively, to be applied to the repair of
such road or highway, or to be expended upon
the public roads of such district or county, as
Justice or equity may require
Sec. 6. That all avenues, streets or alleys,
in towns and cities, which are or may be laid
out agreeable to law, shall be and The same
are hereby declared public highways, for
every purpose whatever; provided that the
municipal authorities of any Incorporated city
or town, may make. ordain and enforce such
laws and ordinances concerning the sidewalks
of the streets of such city or town, as shall be
deemed necessary to prevent such sidewalks
from being used for the passage of horses,
wagons or other carriages, for hitching or
standing horses, or other animals thereon
Sec. 6. That the tenth section of the act
entitled 'an act prescribing the duties of su-
pervisors, and relating to roads and highways
passed March goth, 1887, and all acts and
parts of acts inconsistent herewith, be and the
same are hereby repealed; Provided, that the
passage of this act shall not affect any suit
pending on the first day of March, 1851, but
the same shall be disposed of as if this act had
not been passed; but in all causes of action
for which suit shall not have been commenced
before the said first day of March, the same
shall be regulated under the provisions of this
act
Sec Z. This act to take effect and be in
force from and after the first day Of March
1851.
JOHN F. MORSE,
Speaker House Representative
CHAS C. CONVERS,
Speaker of the Senate.