The Belmont chronicle, and farmers, mechanics and manufacturers advocate. [volume] (St. Clairsville, Ohio) 1848-1855, 1853-02-11
LA w S OF OHIO {:
No. 10. AN ACT.
For opening and regulating Roads and
PUBLISHED BIZ AUTHORITY.

highways
Sec. l. Be it enacted by the General AS
sembly Of the State of Ohio, That all Roads
and Highways, which have been, or may
hereafter be, laid out and established agree
ably to law, within this State, shall be
opened, and kept in repair, in the manner
hereinafter provided; and all county and
township roads shall hereafter be laid out and
established agreeably to the provisions OF
this act and shall not be less than thirty,
nor more than sixty feet wide, and in all ca
ses the width of such roads shall be determin-
ed by the viewers OF the same as hereinafter
provided,
Sec. 2. That all applications for laying
out, viewing, reviewing, altering, or vaca.Dg
any county road shalt be by petition to the
county commissioners, signea by at least
twelve freeholders of the county residing in
the vicinity where said road is to be laid out,
viewed, reviewed, altered, or vacated; and
one or more of the signers to any petition,
presented as aforesaid, shall enter into bond,
with sufficient security, payable to the State
of Ohio, for the use of the County, condi-
toned that the person or persons, making
such application for uieio, reuietc, alteration
or racdtion ofany road, shall pay into the
treasury of the county, the amount of all
reu,e,c, alteration or uacation in case the pray.
er of said petitioners shall not be granted,
or when the proceedings had in pursuance
thereof shall not be finally confirmed and
establs he'd, and on neglect or refusal of the
persons so bound, after liability shall have
accrued to'pay into the treasury according
to the tenor ofthe bondall costs and expenses,
that shall have accrued, the Auditor of the
fy cbnl do liyor cupI hpnb fp tho Drnc
ecuting Attorney, whose dutyit shall be to
collect and pay over the same to the County
Treasurer; and in all cases of contest, the
Court having jurs dicton of the case shall
have full power to render judgement for costs
according to justic between the parties.
Sec. 8. That all petitions for laying out
or altering any county road shall specify the
place of beginning, the intermediate points,
(ifany), and the place of termination of said
road.
Sec. 4. That previous to any petitions
being presented, for county road, or for
the alteration of county road, or for the
vacation of a county road, notice thereof
shall be given BY advertisements, set up at
the Auditors office, and in three public pa-
ces, in each township, through which any
part of said road is designed to be laid out,
altered or vacated, at least thirty days pre-
vious to the meeting of the Commissioners,
at which the petition shall be presented; al
so, notice, stating the time when such Pc
tit:on is to be presented. and the substance
thereof, shall be published for four consecu-
tive weeks, before the presentation of any
such petition, in some newspaper, published
in the county, in which may be situated the
road sought to be established, altered or va
Gated b, such petition Gfthere be newspa-
per printed therein); and on the petition
being presented, and the Commissioners sat-
isfied that notice has been given,as aforesaid,
they shall appoint three dsinterested free
holders of the county as viewers. who shall
also be Jury to assess and determine the
compensation to be paid in money for the
property sought to be appropriated, without
deduction for benefits to any pro --ertv of the
owner; and they shall also assess and deter
mine how much les valuable, ,fany, ,the,and or
premises from which such appropriation may
be taken, will be rendered by the opening
and construction of said read, and also skill
ful surveyor to survey the same, and shall is
sue their order, directing said viewers and
surveyor to proceed, on day to be named
in said order, or On their failing to meet on
said day, within five days therealter,to view,
survey ard lay out or alter said road; and al
30, determine whether the public convent
eTce requires that such road, or any part
thereof shall be sixty feet in width,or wheth,
er a less width than sixty feet will as well
promote the public convenience, and report
the width which in their opinion, such road
should be established and opened.
Sec. 5. That it shall be the duty OF the
principal petitioner to give at least six days
notice, in writing, to the owner, or owners
or their agents, ifresiding within the county
or if such owner be minor, idiot or insane
person then to the guardian OF such person.
ifa resident of said county, through whose
land said road is proposed to be laid out ana
established; and also six days notice to the
viewers and surveyor, named III the order OF
the Commissioners, of the time and place OF
meeting, as specified in the said order; ana
il is made the further duty OF the principal
petitioner if said road is proposed to be laid
out on any lands owned by non-resdents oil
the county, to cause notice to such non
residents (if any there be,) to be published
for four consecutive weeks, IN some neWspa-
Der published in the. county; but 1t there be
no newspaper published in such county'then
said notice shall be published in some news,
paper of an adjoining county, having genera
circulation IN sald county, III w"'en 'e 'u''
are situated, sought to be affected by said
road. which notice shall state the time and
place of the meeting of the viewers and sur
Seyor, as specified, ia the order of the Com
missioners; and also, the substance OF the Pc
tition for said road.
Sec, 6. That il shall be the duty OF the
viewers and surveyor appointed as aforesaid
after receiving the notice required IN the
foregoing section, to meet at the time ano
place specified, in the order ofthee Commits
sloners aforesaid, or within five days there
a(ter and after taking an oath or affirmatl,
faithfully and mpartially to discharge the
duties Of their appointments, respectively
sbau take to their assistance two suitable
persons, as chain carriers, and one marker
and proceed to view, survey, and lay out, O.
alter said road, as prayed for in the .petltiol
mr. as near the same as, in their oplnioh'
good road can be made, at reasonable ex
5ense, taking into consideration the utiilty
ronyenience, and inconve nience and expens
-- which will result to individuals, as well as L
the public, if such road, or any part tnereo
sball be established and opened, or altered
and also as jury discharge the duties re-
oui,ed OF them by the fourth Section OF tn
ID net. act And the said viewers shall, IN addltlo
70 their duties as viewers; also at the sam
.. L i loto no the danIa6es .Sllk