Fremont journal. [volume] (Fremont, Sandusky County [Ohio]) 1853-1866, 1853-02-12
LAWS OF OHIO
he l9l
st AN ACT.
For opening and regulating Roads and High
(sY AuTHoRITY.)

HPfUDaU
and highways, which have been. or may here
after be, hid out and established agreeabiy
TO law, within this State. shall be opened, and
kept in repair, in the manner hereafter provl-
ded; and all county and township roads shall
hereafter be laid out and established agreea-
bly 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 Of !hc
same, as hereinafter provided.
SEC Q, That all Applications for laying out,
viewing, reviewing, altering, W vscating any
county road shall be by petition to the coun-
" commissioners, signed by at least twelve
freeholders Of the county residing in the vi
cinity where said road is to be laid out, view
ed, reviewed, altered, or vacated and one or
more Of the signers to any petition, presented
as aforesaid, shall enter into bond, with sufi-
cient security, payable TO the State of Ohio,
for the use Of the County, condition ed
that the person or persons, making such APP
plication for Vier Tepie,c, alteration, or "a
catioa Of any road, shall pay into the treasury
Of the county, the amount of all costs and ex-
penses accruing on such uteiO, rerieC, diterG-
zion, or uacatioa 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 neglect or refusal Of the persons so hound.
after liability shall have accrued TO pay into
the treasury according to the tenor of the
bond, all costs and expenses, that shall have
Accrued, the Auditor Of the County shall de-
liver such bond 20 the Prosecuting Attorney,
whose duty il shall be to collect and pay over
L. Al a,,j in al
cases Of contest, the Court having jurisdiction
of the case shall have full power to render
judgment for costs, according to justice be-
tween the parties.
SEC. 8. That all petitions for laying out or
altering any county road shall specify the
place of beginning, the intermediate points, (f
any, and the place of termination of said
road.
SEC. L. That previous to any petitions be-
ing presented, for county road, or for the
alteration of county road, or for the vacation
of a county road, notice thereof shall be given
by advertisements, set up at the Auditors Of
fee. 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, 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, pub
iished in the county, in which may be situated
the road sought to be established, altered or
vacated by such petition (if there be news
paper printed therein;) and on the petition
being presented, and the Commissioners sat
isfed that notice has been given. as aforesaid,
they shall appoint three dsinterested freehol-
ders of the county as viewers, who shall also
be Jury to assess and determine the COM
peusaton to be paid in money for the proper
ty sought TO be appropriated. without deduc-
ton for benefits to any property of the owner {;
and they shall also assess and determine how
mnch less valuable, if any, the land or premi-
ses 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 survey
or to proceed, on day to be named in said
order, or on failing to meet on said day, with
in FIVE days thereafter, to view, survey, and
lay out or alter said road and also, determine
whether the public convenience 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 con-
venience, and report the width which in their
opinion, such road should be established and
opened
SEC. 5. 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 county, or
If such owner be minor, idiot or insane per-
son, then to the guardian of such person. if a
resident Of said county, through whose land
said road is proposed to be laid out and estsb-
lished; and also, six days notice to the view
ers and surveyor, named in the order of the
Commissioners, of he time and place Of mee-
ting. as specified in the said order; and it is
made the further duty of the principal petit
toner, if said road is proposed to be laid out
on any lands owned BY non-residnnts Of the
county, to cause notice to such non-resdents
III any there be,) to be published for four con-
secutiye weeks. in some newspaper published
in the county; but if there be no newspaper
published such county, then said notice shall
be published in some newspaper Of an adjoin-
ing county, having general circulation in said
county, in which the lands are situated, sought
10 be affected by said road, which notice shall
state the time and place of the meeting Of
the viewers and surveyor, as specified, IN the
erder of the Commissioners; and also, the
substance of the petition for said road.
SIC. 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 Commissioner
aforesaid. or within five days thereafter, and
after taking an oath or affirmation, faithfully
and impartially to discharge the duties Of
their appointments, respectively, shall take to
their assistance two suitable persons, as chain
carriers. and one marker. and proceed to view
survey, and lay out, or alter said road. as
prayed for in the petition, or as near the same
as. in their opinion. good road can be made
At reasonable expense, taking into considera-