Carroll free press. [volume] (Carrollton [Ohio]) 1834-1861, 1853-03-11


labor, as required by this act, and who have
refused or neglected to perform the same and
all fines and forfeitures sued for, and recovered
under the provisions Of this act by a superyi-
sor, shall be paid over on demand, by the JUS
tice OF the peace or constable collecting the
same, TO the supervisor Of such road district,
wherein such fine or forfeiture accrued, and
the several supervisors shall also render an ae-
count TO the trustees at the annual settlement,
OF all moneys that remain in their hands at the
time of settlement also, all judgments that
remain unpaid and the name of the judgment
debtor, and the justice before whom such iudg-
ments were obtained, with the amount thereof
and the trustees shall make such order as to
the prosecution Of suits by the supervisors Of
the proper districts, against such delinquents,
as in the judgment Of the trustees the interest
of the township may require.
Sec, II. That all moneys that may remain
in the hands of any supervisor at the time of
the annual settlement with the township trus-
tees shall be paid over to his successor in office,
as soon as such successor shall be elected and
qualified, and be by him expended for the ben
efts of roads and highways, as provided for
in the foregoing section. And it shall be law
ful for any supervisor, to sue out executions
on any judgments that remain unpaid, within
his proper district, at any time when, in his
opinion, the same can be collected, and the mo-
ney SO collected, (if any there be, shall be ex-
pended, as provided in the foregoing section.
Sec. l2 That it shall be the duty Of each
and every supervisor to open, or cause to be
opened, all public roads and highways which
shall have been, or may hereafter be laid out
and established through any part of the district
assigned to such supervisor; the same to keep
in repair, and remove or cause to be removed
all distractions that may, from time to time,
be found thereon for which purpose the su-
pervisors are hereby authorized to enter upon
any uncultiyated lands, unencumbered by a
crop, near or adjoining the public roads, to cut
and carry away any timber, TO dig, or cause to
be dug and carried away, any gravel, sand or
stone, which may be necessary to improve or
repair said road and to enter on any lands
adjoining or lying near the road, to make such
drains or bitches through the same, as they
may deem necessary for the benefit of the
roads,. dong as little injury to said lands and
timber, as the nature of the case and the pub
lie good will permit; and the drains and ditch
es so made, shall be kept open by said super
vsors, il necessary, and shall not be obstruct-
ed by the owner or occupier of such lands or
any other person. or persons, under the penal
ty of forfeiting a sum not exceeding ten dol
lars for each and every offence, to be recover
ed and appropriated as provided for in the
ninth and tenth sections of this act.
Sec 13. That if any person, body polite or
corporate, shall obstruct any public road or
highway, authorized by any laws of this State
and suffer such obstruction to remain to the
hindrance and inconvenience of persons ma
king, use of such road or highway, or shall,
by virtue of any authority whatever or other
wise, change the line fill up, or dig out the
bed of any such road or highway, or in any
other manner render the same less convenient
or useful than it had been previously thereto,
such person body corporate or polite shall be
subject to an action on the case, at the suit of
the commissioners of the county, or supervi
sors IN any district, or any person who shall be
injured by such obstruction in which such road
or highway is situate in whole or in part, and
when any person obstructing any road or high
way, as aforesaid, shall suffer such obstruction
to remain for more than twenty four hours af-
such person shall be deemed guilty of an add-
tional offence against the provisions of this act,
and shall be liable to suit OF suits aforesaid
Sec IA. That the commissioners of any
county, or supervisors of any district, in which
any such road or highway is situate, in whole
or in part, shall also have the right to apply
to any judge of a court or record, for an in
junction to restrain the commission of any in
jury contemplated by the thirteenth section of
this act, and the same shall be granted or re-
fused according to justice and equity which
writ, when allowed, shall be made returnable
to the court of common pleas of the county in
which such injury is done or contemplated
Sec. Is. That any suit brought under the
provisions of this act, in the official capacity
of any such commissioners or supervisors res
pectively shall not abate by the the change of
officers, but shall be prosecuted by their sue
cessors, the same as if no change had taken
place, to final judgment, unless otherwise dis
posed Of. 'M.aa
Sec. l6. That the measure of damages in
anv suit brought, under The provisions OF the
thirteenth section of this act, shall Be a full
compensation to the public for the loss of or in
iury to. such road or highway, and the damages
recovered in any such suit, after paying the ex-
nenses of the same, shall be a trust fund in the
hands of such commissioners, or supervisors
respectively, to be applied to the repair of such
road or highway, or to be expended upon the
public roads of such district or county, as JUS
tice or equity may require.
Sec, II. That all avenues, streets and al
,eys, in villages, towns and cities, which are
or nay be laid out agreeably to law, shall be
and the same are hereby declared public high
ways, for every purpose, whatsoever Prov
ded, that the municipal authorities of any IN
oOrporated city, town or village may make,
ordain and enforce such laws and ordinances
concerning the side w1lks of the streets Of
such city, town, or village as shall be deemed
necessary to prevent such side walks from De
ing used for the passage of horses wagons T. OF
I.,on Or othar animals thereon