The Belmont chronicle, and farmers, mechanics and manufacturers advocate. [volume] (St. Clairsville, Ohio) 1848-1855, 1853-02-25


aha'e by the change OF officers, but shall BE- prosecute
ed by their successors, the same as il no change had
taken place, to final judgment, unless otherwise dis
posed Of
SIC l6 That the measure of damnges in nnv
suit brought, under the provisions OF the thirteenth
section oihs act shall be full compensation 10 the
tubir Tor the loss o' or injury TO, such road high
way, aud the damages recovered in any such suit,
after rnying the expenses Of the snmc, shall be a
trust fund in the hands Of such commissioners, or
supervisors respectively, to be applied 10 the repair
OF such road or highway or to be expended upon the
public roads Of such district or county, as Justice or
Src. II. That all avenues, streets and alleys, in
villages, towns and cites, which are or may be laid
out ngreeahly TO law, shall be. and the here
by declared public highways, for every purpose,
whatsoever Provided. that the municipal authorities
Of any incorporated city, town or village may make,
ordnin and enforce such laws and ordinances con.
cerilng the sidewalks OF the streets Of such city,
town, or village shall be deemed necessary to pr.
vent such side walks from being used for the
OF horses, wagons or other carriages or tor htchiDg
or Standing horses. or other animals thereon.
SIC. 10. lhai iiany person or persons, corpora.
lohs or any conductor OF any trnin Of railroad cars
or my other agent servant OF any raj road compa.
ny shnil "ts,ruct unnecessarily any public road or
highway authorized by any law of this State by por.
mltlihg any railroad cnr or cnrs timber, lumber,
wool or other obstruction 10 remain upon or across
any such road or highway, to the hintrance or in.
convenience OF travellers or any person or persons
passing along or upon such road or highway every
person or corpor lion so offending shall !orfi and
pny iOr every such offence any sum not exceeding
twenty nor less than two dolnrs, and shall bs In.
ble l0r oil damages nsiing 10 any person from such
OBSTRUCTION or injury to such road or highway to be
recovered Dy an action n the suit OF the supervisor
Of the district IT. which such offence sha have been
committed. or any person suing for the snme before
any Iuslce OF tie pence within the county where
such offence shall have been committed or by indct.
nent in the court OF common pleas OF the proper
county, and oil fines accruing under the provisions
OF this section. when collected. shall be pnid over to
the sut rvlsor oi the district in which such offence
was committed. and by him applied TO the improve
ment oi the o IDS and highways therein and accoun-
ted tor IN his annual settlement with the trustees
and every twenty -four hours such corporation per.
son or persons as Aforesaid alter btiug notified shall
suffer such obstruction unnecessarily to remnin To
the hlndrhnce or Inconvenience of travellers or any
person or persons going along upon such road or
highway, shall be deemed an additional offence n.
gainSl the provisions Ol this section.
SLc. ~. hat every railroad company or other
corporation shall be liable Tor all fines assessed n.
Rhlllst such company corporation for any obstrc.
ton caused by the conductors OF rujlrpad npnnt
or servants OF any such railroad company or other
corporation, tor violations OF any ofthe prov ion, of
we last preceding section, and it shall be lawful for
any officer having process in s hands to collect any
lle or lines assessed against such company or corpj.
to'lon caused by the conductors Of railroad cars or
any agent or servant OF any such Company or corpo.
Iahoh 10 levy upon any property OF such railroad
company or corporation found in the county where
'he same nnner ns Is provided for the sale of per-
sonnl property levied upon by execution.
&c. 20 That ench and every supervisor, who
shall cut any timber ar take awny any timber. Stone
or grave, ior the purpose of repairing any road or
the Duliilng or repairing any bridge or crosswnys
within ls district, shall, on demand OF the owner or
owners, il'lr agent or agents, the guardian or
guardians Of any minor IDIOT or unatic of tLr nrc
lnsos from which such timber stone or gravel Shall
nave been taken ns aforesaid, give n certificate
showing HE quantity md quality OF such timber tue
number Oi ouds oi stone grnvel, with the value
thereof respectively, and the time the same sh all
hnve been taken.
SIC 2l. That any person or persons who shall
receive certificate, as provided tor in the foregoing
serirn, shall present the snme to the county com.
hlsslOncrH ui the proper county a any rcrIar ses
sion OF sni commissioners within six months nfter
the taking aud carrying nway OF such timber stone
or gravel and the commissioners hring satisfied that
ihe amount OF damages, certified aforesaid, be
Just and equitable, shall cause the same to he unid
out OF the county treasury. But il the commissioners
sbnll be OF npnion that the amount of DAMAGES, as
cer'd TO by the supervisor ought not 10 be paid by
the county they may refuse 10 pay the same, in
which cnsc they shall determine what sum- in their
opinion, would be just. But ii tho applicant for the
pnyment OF damages shall refuse to receive the n
mount certified by the supervisor or the amount de.
ehhed On by the commissioners, then and in either
case, the commissioners shall require the said uppi
cant ~ enter into bond with good and sufficient se
curly, made payable To the State of Ohio, TOR the
use ol The county, conditioned tor the paym, mt OF all
costs and expenses ihit may accrue on view for
The asscsslrcnt ul damages
Sic a. That on the filing of the bond us proyil.
Ell IN the foregoing section tho commissioners shall
appoint jury OF ilrce di Interested ciz, n of the
county VINO shall after first taking oath or ailir-
NATION To faithfully discharge the duties OF their n.
p"lilment proceed on day tu BE- named in the or.
der OF the conlnls iIners, failure meet on
s"lI day, within tive diys thereafter. To view and
cNlniIne the matter comp lined OF, und assess and
the damages, II any, and return their de.
ca lull III Wfltllln, 10 the auditor