The Democratic sentinel. [volume] (Cadiz, Ohio) 1852-1853, 1853-02-09
LAWS OF OHIO:
PUBLISHED BY AUTHORITY.
AN ACT
For opening and regulating Roads aud High.
WAYS


.F.. ways.
SEC. ]. Belt enacted by the General As
semby Of the State of Ohio, That all Roads
and Highways. which have been, or may
hereafter be, hid out and established agree
ably to law, within this State. shall be open.
ed, and kept in repair, in the manner here
matter provided and all county and town
ship roads shall hereafter be laid out and
established agreeably to the provisions OF
this act; and shallnot 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 of the same, as hereinafter
provided.
SIC. 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 freeholders of the county residing iu
the vicinity where said road is to be laid out,
viewed, reviewed, altered, or vacated and
one or more of the signers to any petition,
presented as aforesaid, shall enter into bond,
with sufficient security. payable to the State
of Ohio, for the use of the County, condi-
toned that the person or persons, making
such application for a VteD, repiew, 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,
reOiev, alteration, or vacation in case the
prayer of said petitioners shall not be prant-
ed, or when the proceedings had in pursu
ance thereof shall not be finally confirmed
and established, and on neglect or refusal of
the persons SO bound, after liability shall
have accrued to pay into the treasury accor-
ding to the tenor Of the bond, all costs and
expenses, that shall have accrued, the Aud
itor of the County shall deliver such bond to
the Prosecuting Attorney, whose duty it
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 render judg-
ment for costs, according to justice between
the parties.
Sec. 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. 4. That previous to any petitions
being presented, for a county road, or for
the alteration Of county road, or for the
vacation of a county road, ,nstice 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 designed to be laid out,
altered or vacated, at least thirty days pre-
Yious to the meeting of the Commissioners,
at which the petition shall be presented; al
so, a notice, stating the time when such pc
tition is to be presented. and the substance
thereof, shall be published for four consecu-
tive weeks, before the presentation of any
, such petition in some newspaper, published
in .be county, in which may be situated the
road sought to be established, altered or va
Gated by such petition (if there be news
paper printed therein) and on the petition
being presented, and the Commissioners
satisfied that notice has been given, as a
foresaid, they shall appoint three disinter-
ested freeholders of the county as viewers,
, who shall also be jury to assess and de-
termlne the compensation to be paid III
money for the property sought to be appro'
priated, without deduction for benefits tt
any property of the owner; and they shal
also assess and determine how much less
J valuable, if any, the land or premises from
which such appropriation may be taken, viii
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 pro-
ceed, on a day to be named in said order, OIL
on thnI fall to On dow yxy,It n
five days thereafter, to view, survey, and
lay out or alter said road and also, deter
mine whether the public convenience re-
quires that such road, or any part thereof
shall be sixty feet in width, or whether 8
less width than sixty feet will as well pro
mote the public convenience, and report the
width which in their opinion, such road
should be established and opened.
SEC. s. That it shall be 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 coun.
ty, or ii such owner be minor, idiot or in
sane person, then to the guardian of sucl
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 anc
place of meeting, as specified in the said or
der; and it is made the further duty Of th,
principal petitioner, if said road is proposed
J to be laid out on any lands owned by non
residents of the county, to cause a notice t
. such non-residents (if any there be, to b.
, uuhlished for four consecutive weeks il
some newspaper published in The county; bu
t if there be no newspaper published IN sucl
county, then said notice shall be published
, in some newspaper of an adjoining county
having general circulation in said county, il
| which the lands are situated, sought to b
affected by said road, which notice shal
state the time and place of the meeting G
the viewers and surveyor, as specified, i
the order Of the Commissioners; and also, tn
substance Of the petition for said road.
SEC. 6. That it shall be the duty of tn
viewers and surveyor appointed as aforesaid
after receiving the notice required in tn
foregoing section, to meet at the time an
place specified, in the order of the Commis
sioners aforesaid, or within FIVE days there
after, and after taking an oath or afiirma
tion,, faithfully and impartially to discharg
D the, duties Of their appointment, respectively
i shall take TO their assistance two suitabl
persons, as chain carriers, and one marker
and proceed to view, survey, and lay opt, 0
I alter said road, asprayed for in the petition
d llof as sAear'the same as, in their opinion,
3 good road can be made, at 4, reasonable ex