Gallipolis journal. [volume] (Gallipolis, Ohio) 1837-1919, 1853-02-10
Laws 8 OF OHIO
e 11a c-l By AUTHORITY.
An ACT
For opening and regulating Roads and High

o. the otdte OF Ono, That all Roads and high
ways, which have been. or may here
after be, laid out and established agree.
ably to law, within this State. shall be
opened, and kept 10 repair, in the man.
ner hereinafter pfoxided;a 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 ali cases the width oi
such roads shall be dctsrminsd BY she
viewers Of the same, as hereinaiterpro-
yided.
Sec. e.. That al applications for lay
ing out, viewing, reviewing, altering, or
vaeating any county road shall be by
petition TO the county commissioners.
signed by at least twelve freeholders oi
the county residing in the vicinity where
said road is to be laid out, viewed, re-
viewed, altered, or vacated; and one or
more of the signers TO any petition, pre-
sented as aforesaid, shall enter into
bond, with sufficient security, payable
to the Stale of Ohio, for the use of the
County, conditioned that the person or
persons, making such application for a
oieso, Tevieio, alteration or Uacation OF
any road. shall pay into the treasury Of
the county, the amount of all costs and
expenses accruing on such riew, re-
UieiU, alteration or Udc1tiOn 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 neg
lect or refusal of the persons SO bound,
after liability shall have accrued 10
pay into the treasury according to the
tenor of the bond, all costs and expen
ses, that shall have accrued, the Auditor
of the County shall deliver such bond to
the Prosecuting Attorney, whose duty if
shall be TO collect and 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 Tsnder judgment for costs,
according 10 justice between the parties.
Sec. 3. That all petitions for laying
out or altering any county road shall
specify the place of beginning, the inA
termediate points, (if any y and the place
of termination of said road.
Sec.4. That previous to any peti-
tions being presented, for county road,
or for the alteration of county road,
or ior-Shs vacation Of q countyBoed, NO
ice thereof shailbe gwen BY advefiise~
ments, set up at the Auditor s office, and
in three public places, in each town.
ship, through which any part of said
road is designed to be laid out, altered
or vacated, at least thirty days previous
to the meeting OF the Commissioners, a:
which the petition shall be presented;-
also, notice, stating the time when
such petition is to be presented, and the
substance thereof, shall be published
for four consecutive weeks, before the
presentation Of any such petition. in
some newspaper, published in the coun-
ty, in which may be situated the road
sought TO be established, altered or va
Gated by such petition (if there be a
newspaper printed thereIn;) and on the
petition being presented, and the Com
missioners satisfied that notice has been
given. as aforesaid, they shall appoint
three disinterested treeholders of the
county as viewers, who shall also be a
Jury TO assess and determine the CONS
pensation 10 be paid in money for The
property sought to be appropriated with.
out deduction for benefits to any prop.
erty of the owner; and they shall also
assess and determine how much 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
skillful surveyor TO survey the same,
and shall issue their order, directing
said viewers and surveyor to proceed,
on a day TO be named in said order, or
on their falling TO meet on said day,
within five days thereafter, to view. sur.
yey, and lay out or alter said road; and
also, determine whether the public con-
venience requires that such road, or any
part thereof shall be sixty feet in width.
or whether less width than sixty feet
will as well promote the public conven.
ience, and report the width which in
their opinion, such road should be es.
= tablished and opened, s-
Sec. 5. That it shall be the duty oI
the principal petitioner to give at leas'
six days notice, in writing. to the own
er, or owners, or their agents, ifresiding
within the county. or if such owner be 9
minor, idiot or insane person, then tc
the guardian of such person, if a resi-.
dent of said county, through whose land
said road is proposed TO be laid out and
established; and also six days notice tc
the viewers and surveyor, named in ths
order Of the Commissioners. of the timt
and place pfmeeting. as specified in thu
said order; and II is made the fufthe
duty of the principal petitioner, if salt
road is proposed 10 be laid out on am
lands owned by non-residents of th'
county, to cause notice to such non
residents Of. any there BEL to be pub
Iisbed for four consecutive weeks, il
some newspaper published in the eoun
ty; but If there be no newspaper pub
lished in such county, then said motto
shall be published in some newspape
of an adjoining county, having genera
circulation il said county, in which tn
lands are situated. sought 10 be affecte
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