Gallipolis journal. [volume] (Gallipolis, Ohio) 1837-1919, 1853-02-10
GALLIPoLIs, OHIO. FEBRUARY 1858

cause TO be paid before the opening
Of said road, 10 the satisfaction Of
the county commissioners, in case
said road is established as highway,
all expenses incurred and damages
assessed: Provided, however, that il
shall be lawful for the commissioners,
II in their opinion part only Of said
road will be OF public utility, 10
record and establish such useful part
and reject the residue. in case il be
capable Of division.
Sec. 25. That in case such ex.
penses and damages are paid, or
secured to be paid, as aforesaid, or
the commissioners direct the same
TO be paid by me county, then. and
in either case, they shall enter 90
order that said road be established
public highway.
Sec. 20. That for their services
required by the twenty-second,
twenty-third and twenty-fourth Sec
tions of this act, the officers and
other persons required TO perform
services shall each be entitled 10 the
same fees as they are entitled to by
law for like services in other cases,
the auditors to be paid out Of the
county treasury and the Judge and
others entitled 10 lees TO he taxed in
the bill Of costs in the cause in court.
Sec. 27. That when any state or
county road may be injured or de-
stroyed by the washing OF any lake,
river or creek, il shall be the duty OF
the trustees Of the township in which
such injury or loss of road shall have
occurred, upon petition Of any six
freeholders Of the township, TO call
10 their aid competent surveyor,
and proceed TO examine such road,
as may have been thus injured or
destroyed; and if upon such ex.
animation, said trustees, or a maiori-
ty of them, shall be satisfied that
such road has been destroyed, or so
much injured that the public good
requires an alteration OF the same,
they shall proceed TO alter and lay
out so much OF the new road as
may supply the several parts Of the
road thus destroyed or injured: Pro-
vided, that il any person or persons,
through whose lands any such altera-
ton or new road shall be laid out
shall feel injured thereby, such per-
son or persons shall make applica-
ton 10 the trustees, at the time Of
making the alteration on bis or their
premises 70 assess and determine
according TO the provisions OF the
fourth section ol this act, the. COM
pensaiion to be made IN money for
the property sought 10 be appro-
pria,ed; how much less valuable, II
any, the premises will be rendered
by the alteration of said road; and
the said trustees and surveyor shall
make a report oI their doings, in the
manner pointed out as the duty Of
the viewers and surveyor in case Of
new roads; and the auditor and
commissioners Of the proper county
shall be governed in the reception
and recording Of said report, in all
respects, as is prescribed in this act
in cases Of new roads.
Sec. %. That the surveyors and
trustees shall receive for each day
they are necessarily employed under
the provisions OF the twenty-seventh
section OF this act, the same COM
pensation allowed 10 surveyors and
viewers in case Of new roads, the
surveyor to be paid out Of the coun>
iy treasury, on the order Of the
county auditor; and the trustees out
OF the township treasury on the
order Of the township clerk.
Sec. %. That any county road.
or part thereof, which has hereto
lore oi may hereafter be authorized,
which shall remain unopened for
public use for The space OF seven
years after the order made or au-
thoritv granted for opening the same,
or the part thereof remaining un-
opened, shall be. and the same is
hereby, vacated, and the authority
gHnted for erecting the same barred
"a lapse of time; aad any SNfe
road, or part Of any Stale road
which has heretofore been az
thorized, which shall remain
opened for public use for the sPa
OF ten years after the passagepf the
act authorizing the same. shah be
vacated, and the authority for open;
ing repealed for non-user.
TOWNSHIP ROADS.
Sec. 80. That if any person or
persons shall, for the convenience OF
themselves and neightors, wish TO
have a township road laid out, from
the plantation or dwelling place OF
any person or persons; or from any
mill, or house of public worship; or
10 any public road; or from ore
public road TO intersect another, it
shall be lawful for such person or