Carroll free press. [volume] (Carrollton [Ohio]) 1834-1861, 1852-05-28
LAWS OF OHIO


No. 38. AN ACT
For ssceuaining the boundaries of Counties.
Sec. /. lie il enacted by Ihe General As
sembly Of the State OF Ohio, That whenever i.
shall appear 10 the commissioners Of any coun.
". thar the boundary lines OF the county are not
sufficiently asceuained, il is hereby made the
duty Of The commissioners TO issue their order
10 the surveyor Of the county. requiring him 70
ascertain and survey such line or lines.
Sec. 2. Tha. it shall be the duty Of The COM
nissioners Of any county, where the county line
or lines are TO be rBu, TO give notice 10 The board
Of commissioners Of The county or counties af-
iecled thereby, declaring their intention Of run.
ming the line or lines Of said county; and said
commissioners receiving such notice, shall or.
der the county surveyor Of such county, TO pro-
coed and run such lines With ihe surveyor or
surveyors Of the adjoining county or counties,
at such time and in such manner as shall be fix.
ed upon by the commissioners Of said counlies
Sec. 3. That each county surveyor shall
/ forthwith make out a return Of such survey TO
The clerk Of Ihe common pleas Of his county
whose duty it shall be 10 make record thereof.
! Sec. 4. That the county surveyors shall re.
ceye for their services, performed under This
act, such compensation as may be allowed by
the commissioners Of the county TO which each
surveyor respectively belongs, TO be paid Ou. Of
the county treasury. on the commissioners or.
det.
Sec. 5. That whenever the commissioners Of
any county shall be unable to ascertain the
boundary lines of such county with certainty,
or having asceuained the boundary line thereof,
if the commissioners or officers Of such adjoin.
ing county shall disregard the true line, the com.
mssoners of thecounly wishing 10 establish the
line thereof, may commence aud prosecute a
suit in chancery in the court Of common pleas
Of such adjoining county agains, the comms'
sloners thereof, 10 ascertain and establish such
boundaries.
Sec. 6. That the commissioners in such ad.
joining county shall be made parties 10 such
suit by subpoena, as in other cases in chancery
and if such court shall find that the boundary
? line, to ascertain which such suit is commenced
is not sufficiently ascertained or that The officer:
of such adjoining county disregard the true
boundary line said court shall appoint a surveyor
who shall not be resident of either Of such coun
lies, TO asceraIin aud survey such boundary line
and report the same TO said COURT which Tepor
shall be conclusive between such counties as Il
The true boundary line. unless, Tor good cause
shown, the same shall be seIaside; and unless
such survey is Sc. aside, as aIorsuid, sad cour
shall order record of the same to be made, and q
copy of such record 10 be transferred to The au
dior of each Of such counties aud shall ordei
and decree that said line be established as Ih'
true boundry line between such counties, ant
shall enforce such decree by injunction. attach
menl or otherwise, against The officers Of el'heI
of said counties dieregardng the same.
Sec. 7. That said court may make such de
cree as TO taxes previously collected by either o
such counties within the true boundary Of Ihr
territory actually in The other as may be just ont
riph,. JAMES C. JOHNSON,
Speaker Of the House of Representatives.
WILLIAM MEDlLL,
President Of the Senate.