Portage sentinel. [volume] (Ravenna, Ohio) 1845-1854, 1853-02-09
LAWS or OHIO.
PUBLISHED BY AUTHORITY.
mo. 10. AN ACT
For opening and regulating Roads and

For opening and regulating Roads and Highways.
Section l. Be 1t enacted by the General A ssenbly
Of The State Of Ohio, IIit lsH Roads aAd High
ways, which have been, ofmay heaeafter be-, laid
out and established agreeably to law, within this
State, shall be opened and keptfn repair, in the
manner hereinafter provd and all county and
township roads shall hereafter be laid out and es-
tablished agreeably to the provisions of.this act
, and shall not be less than thirty, more tbh
sixty feet wide and in all cases the width of such
roads Shall be determina6 by the viewers 81 the
same, as hereinafter provided.
!. Section 2. That all applications for laying out,
viewing, reviewing, altering, or vacating any
county road shall be by petition to the county
commissioners, signed by at least twelve freehold
ers of the county residing in the vicinity where
said road is to be laid out viewed, reviewed, al
tered, or vacated: and one more of the sgners
to any petition, presented as aforesaid, shall en-
ter into bond with sufficient security, payable to
the State of Ohio for the use of the County, con-
ditoned that the person or persons, making such
application for Utea0, TeUteto alteration,
ion of any road shall pay into the treasury of the
county, the amount of all costs and expenses ac-
cruing such vieaD, reUieio, alteration, or uaca-
ton in case the prayer of said petitioners shall
not be granted, or when the proceedings had in
pursuance thereof shall not be finally confirmed
and established. and on neglect refusal of the
persons SO bound, after liability shall have ac-
crued to pay into the treasury according to the
tenor of the bond all costs and expenses that shall
have accrued, the Auditor of the County shall de-
| liver such bond to the Prosecuting Attorney
whose duty it shall be to collect aud pay over the
same to the County Treasurer; and in all cases
of contest, the Court having jurisdiction of the
case shall have full power to render Judgment for
costs, according to Justice between the parties.
| Section g. That all petitions for laying out or
altering any county road shall specify the place
of beginning, the intermediate points, (if any )and
the place of termination of said road
| Section That previous to any petitions being
presented for county road, for the alteration
of county road or for the vacation of county
road, notice thereof shall be given by advertise
ment, set up at the Auditors Office, and in three
public places, in each township, through which
any part of said road is designed to be laid out al
tered vacated, at least thirty days previous to
the meeting of the Commissioners, at which the
petition shall be presented; also, notice, stating
the time when such petition is to be presented land
the substance thereof shall be published for four
consecutive 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 vacated by such petit
ton (if there be newspaper printed therein) and
on the petition being presented, and the Commits
sioners satisfied that notice has been given as a
foresaid they shall appoint three disinterested
freeholders Of the county as viewers, who shall1
also be- Jury to assess and determine the COM |
pensation to be paid in money for the property
sought to be appropriated, without deduction for
benefits to any property of the owner; and
they shall also assess and determine how much I
less valuable. if any, the land or premises from
which such appropriation may be taken, will be |
rendered by the opening and construction of said
road, and also skilful surveyor to survey the
same, and shall issue their order, directing said
viewers and surveyor to proceed, on day to be
named in said order, or their failing to meet
on said day, within five days thereafter to view,
survey, & lay out alter said road and also deter
mine whether the public convenience requires
that such road, or any part thereof shall be sixty
feet in width, or whether less width than sixty
feet will well promote the public convenience,
and report the width which in their opinion, such
road should be established and opened.
Section 5. That it shall be the duty of the prin-
cpal petitioner to give at least six days notice, in
writing, to the owner, owners or their agents,
if residing within the county, or if such owner be
| minor, idiot or insane person., then to the guar
dian of such person, if a resident of said county,
through whose land said road is proposed to be |
laid out and established, and also six days notice
to the viewers and surveyor, named in the order
of the Commissioners, of the time and place of
meeting, as specified in the said order; and it is
made the further duty of the principal petitioner
if said road is proposed to be laid out on any lands
owned by non-residents of the county, to cause a
notice to such non-resdents Cifany there be,) to
be published for four consecutive weeks, in some
newspaper published in the county; but If there |
be no newspaper published in such county, then
said notice shall be published in some newspaper
of an adjoining county, having general circula-
ton in said county, in which the lands are situat-
ed, sought to be affected by said road which notice
shall state the time and place of the meeting of
the viewers and surveyor, specified, in the Or
der of the Commissioners; and also, the substance
of the petition for said road
Section 6. That it shall be the duty of the
viewers and surveyor appointed aforesaid, after
receiving the notice required in the foregoing
tion to meet at the time and place specified in the
order of the Commissioners aforesaid, or within
five days thereafter, and after taking an oath or
affirmation, faithfully and impartially to discharge
the duties of their appointments, respectively, /
shall take to their assistance two ltabe persons,
as chain carriers, and one marker, and proceed to
view, survey, and lay out, or alter said road, as
prayed for in the petition, or as near the same
as, in their opinion, good road can be made, at
! reasonable expense, taking into consideration
the utility, convenience, and inconvenience and
expense which will result to individuals, as well
as to the public, if such road or any part thereof
shall be established and opened, or altered; and
also jury discharge the duties required of them
by the fourth section of this act. And the said
viewers shall, in addition to their duties as view
ers, also at the same time assess and determine
the damages, sustained py any person or persons
through whose premises the said road is proposed
+ to be established: Provided, that such viewers
shall not be required to assess award damages
or compensation to any person or persons, except
minors, idiots or lunatics, in consequence of the
opening of said road, unless the owner or owners
or their agents, having notice, provided for in
the foregoing section, of the application and pro-
ceedings by which his. her, OF their property is
sought to be appropriated shall have filed writ
ten application with said viewers, giving des-
cription of the premises, on which, by them, dam