The Portsmouth inquirer. [volume] (Portsmouth, O. [Ohio]) 1849-1855, 1853-03-04
PuBLIsHED By ALEX PEARCEs
LAWS or oHIo-BY Authority.
tso. i9.l AN ACT Xxx.
Foropening and regulating Roads and High;

.fxo. 49, AN ACT ,ssE ssss s, z
Foropening and regulating Roads and High.
SEc. l. Bet enacted by the General Assembly
of the State Of Ohio, That all Roads and High
ways, which have been, or may hereafter be,
laid out and established agreeably to law,
within this State, shall be opened, and kept in
repair, in the manner hereinafter provided /;
and all county and township roads shall here
after be laid out and established agfeeably to
the provisions Of this act and shall not be
less than thirty, nor more than sixty feet wide,
and in all cases the width of such roads shall
be determined by the viewers ofthe same, hs
hereinafter provided. 81 +,
Src. 2, That all applications for laying out.
viewing. reviewing, altering, or vacating any
county road, shall be BY petition tothe county
commissioners, signed by at least twelve free.
holders Of the county, residing in the vicinity
where said road is tobe laid out. viewed, re-.
viewed, altered or vacated !; and one or more
of the signers to any petition, pfsscritedh as
aforesaid, shall enter into bond, with sufficient
security, payable to the State of Ohio, for the
Use Of the county, conditioned that the person
or persons, making such application for view
review, alteration, or, vacation of any road
shall pay into the treasury of the county, the
amount of all costs and expenses accruing on
such view, review, alteration, or vacation in
case the prayer Of said petitioners shall not be
granted, or when the proceedings had in pur-
suance thereof shall not be finally confirmed
and established and on neglect or refusal of
the persons sobound, after aliability shall have
accrued to pay into the treasury according to
the tenor Of the bond, all costs and expenses,
that shall have accrued tne Auditor OF the
county shall deliver such bond to the Prosecute
4 IL
ing Attorney, whose duty u snail oeto collect
and pay over thesame to the county Treasu-
rer; and In all cases Of contest, the Court hay.
ing Jurisdiction OF the case shall have full
power to render Judgment ior costs, according
10 justice betweenthe parties.
SEo 3. 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.
SEC. A. That previous to any petitions be-
ing presented, for county road or for the alte-
ration 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 places, in each township,
through which any part of said road is design
ed to belaid out, altered, or vacated, at least
thirty days previous to the meeting Of the
Commissioners, at which the petition shall be
presented also, a 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, publish
ed in the county, in which may be situated the
road soughtto be established, altered, or va
Gated by such petition (if there be a newspa-
per printed therein;) and on the petition being
presented, and the Commissioners satisfied
that notice has been given, as aforesaid, they
shall appoint three disinterested freehoders 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 10 be
appropriated, without deduction for benefits to
any property of the owner ; and they shall
also assess and determine how much less val
liable, il any, the land or premises from which
such appropriation may be taken, will be ren.
dered by the opening and construction Of said
road, ,and also skillful surveyor to survey the
same, anu shall issue their ordar. directing
said viewers and surveyor to proceed, on day
TO be med in said order, or on their failing
to meet on said day, within i've da thereaf
ter, to view, survey, and lay out, or alter said
road; and also, determine hether the public
convenience requires that such road, or any
part thereof shall be sixty feet IN width, or
whether less width than sixty feet wiH as
well promote the.pu6lic convenience, and re-
port the width which IN their opinion, such
road should be established and opened.
SEC, $. That it shall he the duty of the
principal petitioner TO give at least six days
notice. in writing, to the owner, or owners, or
their agents, if residing within the county, or
if such owner be minor, iliot, or insane per-
son. then tothe guardian Of such person, If
resident of said county, through whose land
said road is proposed to be laid out and estab,
lished; and also six days notice to the viewers
and surveyor, named in the order of the Com
missioners, Of the time and place Of meeting,
as specified in the said order, and it is made
the further duty OF the principal petitioner, il
said road is proposed to be laid out on any
lands owned BY non residents Of the county,
to ca sc notice to such non residents (lf any
there BEL to be published for four consecutive
weeks, in some newspaper published in the
county; but II there be no newspaper publish
ed in such county, then said notice shall be
published in some newspaper OF an adjoining
county, having general Circulation IN said
county, IN which the lands are situated, sought
TO be al :cted by said road, which notice shall
state the time and place OF the meeting OF the
viewers and surveyor as specified, In the or
der OF the Commissioners and also, the SUBJ
stance Of the petition .or said road.
SEQ. 6. That it shall be the duty of the
viewers and surveyor appointed as aforesaid !;
after receiving the notice required in the fore.
going section, to meet at the time and place
specified, in the order Of the Commissioners
Aforesaid, or within Ave days thereafter, and
after taking an oath or affirmation, faithfully