Portage sentinel. [volume] (Ravenna, Ohio) 1845-1854, 1851-05-26
L A W S @ F OHIO.
PUBLISHED BY AUTHORITY.
f.[No. GIL
" r5 AN ACT t .1
7urtherto amend the :'act prescribing the duti
mo. 6l.ll.
AN ACT

'1 AN ACT
Furtherto amend the ;act prescribing the duties
4 ofSupervisors and relating to roads and higA
wayso passed March goth 1897.
Sec. /. Be 1T enacted by The Genera
AssemmJly Of the Stute Of Ohio, That ii
any person, body polite or corporate, shall
obstruct any public road OF highway, au.
thorized by any law OF this State, and sui.
! Ter such obstruction 10 remain IL the hind
rance 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 convenieu, or useful lhan it hnd
been previously thereto, such person, body
corporate or polite, shall be subject to an
action on the case, ut the suit of the com.
missioners Of any county, or supervisor in
any district, in hich such road or high
way is situate, in whole or in part.
Sec. 2. That the commissioners ofany
county, or supervisor of any district, in
which my such road or hig ghway is stu
ate, in whole or in part, shall also have
the right to 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 t justice and
equity. s@H
Sec. 8. That any suit brought under
the provisions of this act, and the net to
which this is an amendment, shall be in
the official capacity oil any such commits
sioners or supervisors 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,
TO final judgment, ussless otherwise disposed
of
Sec. 4. That the measure OF damages
in any suit brought under the provisions of
the frs! section Of this act, shall be full
compensation to the public for the loss OF,
or injury to, such road or highway; and
the damn ges recovered in any such suit,
alter paying the expenses of the same,
shall be a trust fund in the hands Of such
commissioners or supervisors respectively,
10 be applied TO the repair Of such road or
highway, or to be expended upon the pub.
lie roads Of such district or county, as JUS
tice or equity may require.
Sec. 5 That all avenues, streets and
alleys, in towns and cities, which are, or
may be laid cut agreeably 10 law, shall be
and the same are hereby declared public
highways, for every purpose whatever;
provided, that the municipal authorities OF
tod r.ifx
ordain and enforce such laws and ordinance
es concerning the side walks Of the streets
OF such city or town, as shall be deemed
necessary 10 prevent such sidewalks from
being used for the passage Of horses, wng-
ons or other carriages, or for htching or
standing horses, or other animals thereon |
Sec 6. That the tenth section of the
act entitled ssan act prescribing the duties
Of supervisors, and relating to roads and
highways" passed March Goth, 1887, and
all acts and parts Of acts Inconsistent here
with, be and the same are hereby repealed;
Provided, that the passage of this net shall
not affect any suit pending on the first day
of March 1851, hut the same shall be dis
posed of as if this acl 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. 7. This act TO take effect and be |
in force from and after the first day of
March, 1851.
JOHN F. MORSE,
Speakerof the Hous of Representatives
CHARLES C. CONVERS,
Speaker Of the Senate.
March "A, 1851.
mo. 81 ]