Fremont journal. [volume] (Fremont, Sandusky County [Ohio]) 1853-1866, 1853-02-19
LAWS OF OHIO
No l9 |
NO To
AN ACT.
For opening and regulating Roads and High
WAYS
(pY AurnoRIrY.)

Sec. O. That after the viewers Of any coun-
ty road shall have mlde return in favor of the
same, agreeably to the seventh section Of this
act, aud before said return shall be recorded
aud the said road established, it shall be law
ful for any citizen of the county to apply to
the com nisSonerS for a review OF said road
by petition. agreeably to the second section
OF this act, and the commissioners shall, on
such petition being presented and they being
satisfied the same is Just and reasonable, APP
point i've disinterestel free holders of the
county to review said road, and issue their or
der to said reviewers, directing them to meet
at time to be specified in such order, or
within five days thereafter; and the said PEE
titloners for review, shall cause at least six
days notice to be given to the principal peti-
toner for said road, OF the time aud place OF
the NEE ting of said reviewers; and the SAID
reviewers shall meet, after having received
the notice above required, aud after taking
the oath or affirmation, required by the sixth
section of this act, Shall proceed to examnt
the route surveyed for said road by the for.
mer viewers aud make report, in writing
to the commissioners, stating their opinion;
in faver or against the establishment OF said
road, or any part thereof aud their reasons
for the same. And if the report OF the re
viewers be in favor Of sail road, the same
shall be established, recorded aud opened
agreeably to the provisions OF this act and she
person or persons bound for the same, sha
pay into The county treasury the amount oi
the costs Of such review; but ii the report
be against the establishment of such road, nc
further proceedings shall be had thereon be
fore the commissioner, and the persons exc
cutting the 6rst bond shall pay into the coun
ty treasury the costs and expenses Of the
view, survey and review of said road
Sec. 10 That when the place Of begin
ming, or true course Of any State or county
road shall be uncertain. by reason of the re
novel Of any monument or marked tree, by
which such roal WAS originally designated
or from any other cause the-county commss
toner's OF the proper county may appon
three dislnterested landholiers of the county
to review and strashten said road, if they
shall deem it necessary. and competent
surveyor TO survey the same; and said review
ers and surveyor, after taking the oath o
affirmation required by the sixth section o
this act, shall view ani survey said road, ant
the same correctly mark throus shout rs il
case of new roads, and shall make return
Of said survey, and plat of said road to tn,
com mnissioners, who shall cause the same t,
be recorded, as in other cases; and iron
thenceforth said road. surveyed as aforesaid
shall be considered public highway.
Sec. IL. That if any person or person
through whose land any state or count,
road, is or may be established, shall he de
sirous Of turning said road through any par
of his or their band, such person or person
may, by notice and petition agreeably to til
second, third and fourth sections of this act
apply to the commissioners Of tho count,
turn said road through any other part OF hi
or their land, on as good ground and withol
increasing the distance to the injury Of til
r public; and upon the receipt of such petition
the commissioners shall appoint surveyo
and thre disinterested frecholderS Of the couu
ty, as viewers Of said road, who shall pro
ceed to view aud survey the ground ove
which said road is proposed to be turne,
and ascertain the distance which said roa
will be increased by such proposed alteration
and make out a report, in writing, stating tt
several distances 50 found, together wit
their opinion as to the utility or inutilty
making said alteration, and If said freehuIe
shall report 10 the commissioners that I'll
prayer Of the petitioner or petitioners is rel
sonable, and that the alteration will not plaC
the road on worse ground, or increase I'll
distance to the injury of the public, they sha
upon receiving satisfactory evidence that Il
proposed new road has been opened leg
width, and in all respects made equal to Il
old road for the convenience of travellers,
in their opinion the same win be lust az
reasonsable.) declare said new road a publ
highway, and m Ike record thereof and,
the same time, vacate SO mnch of she .
road as is embraced by the new and the pc
son or persons desiring the alteration lfor
said, shall pay all the costs of the view su
vey and return of said alteration; uaess Il
commissioners shall be satisfied that the
teration is of sufficient advantage to the pu
lie to cause the same to be paid by the cIu
ty
Sec. II. That when it shall become ne
essary to establish a road on county lin
the inhabitants along such line may petit,
the commissioners Of their respective cou
ties for view of such road, in the mann
pointed out in the proceeding sections of Il
act; and it shall be the duty of such boar
: of commissioners, for each of the counties i
, terested, TO appoint two discreet landholde
AS viewers, who, or majority of them. sh'
meet at the time and place named in the d
, der of the commissioners of the oldest coun
J interested, who shall! appoint surveyor; an
the viewers and surveyor appointed as afor
said shall also be jury for the assessment
damages. and shall 10 all respects be govor
ed by the provisions of the preceding Sc
tious of lkis act; and the viewers ond surve,
ors appointed as a aforesaid, shall mai
Z their report, in writing. fol or against sue
road, to the commissioners of the COUNT,
concetned and the said commissioners, upc
receiving such report. shall in all respects |
governed by this act.
Sec. t3 That il, on relieving such repor
and there being 40 legal objections theret
and the commissioners Of all the counties il
terested shall be of the opinion that such rea
if opened, would be of public utility. the
shall order the same TO be opened in tie maj
nef pointed out by this act