The Democratic sentinel. [volume] (Cadiz, Ohio) 1852-1853, 1853-06-01
AN ACT
[No. 26.]

[No. 96. AN ACT 49,
To provide lor the repair Of roads when
aOandoned by Incorporated companies,
Sec. BeiI enacted by the General AS
sembIy Of the Stale OF OHIO, That if any
turnpike or plank road company shall fail
to Keep any portion OF is road within the
limits of amy municipal corporation Of this
state in repair Tor five days successfully, ii
shall be lawful for the proper authority OF
amy such municipal corporation to pass a
resolution requiring such company to repair
the same in ten days after the service OF q
copy OF said resolution on the gate-keeper
nearest, such municipal corporation, and it
shall be the duty oftne company to declare
their intention 10 abandon or repair the
same; and in case of u failure or refusal SO
/ to do within thirty days, er in case of fail
ure or refusal 10 repair in ninety days such
municipal corporation may file a complaint
in writing, with copy OF said resolution, in
the court vi common pleas OF the county,
describing the portion Of the road required
to be repaired; and it shall be the duty of
the court, Or any judge thereof, to appoint
two dislnterested persons as inspectors, who
shall view the portlon OF the road complain
ed OF, and return their finding thereon, un-
der oath, to said court, within ten days; and
if they shall find the complaint to be true,
such portion OF the road shall be declared
abandoned by the company, and it shall be
lawful for the municipal corporation to i'm
prove or repair the same ami to assess and
collect charge on the owners of any lots
or land or on the lots or lands bounding and
abutting on such portion of such road, in
the same way as Is provided by law in re
latlon to the imuroyment of streets.
Sec. 2. Notice OF the complaint and OF
the appointment and time of meeting Of the
inspectors, shall be served on the president
or other officer OF the company, Or at its
principal office, five days before the meet
ing OF said inspectors; and If such service be
made by any person other than the sheriff,
it shall be verlned by the oath or affirmation
of the person making the same. No toll
shall be received at the gate for the portion
OF the road so declared abandoned, and if
The keeper Of any gate shall demand and
rect i've loll for the same, he shall be liable
10 pay the sum OF five dollars to the party
injured, to be recovered by civil action
before any justice Of the peace having ja-
risdi ,tion; the costs. of the proceeding ON The
complaint shall be paid by the company il
the action be sustained, it not, by the mum
cipaI corporation, and execution shall issue
therefor as ia other cases.
"a JAMES Q. JOHNSON, g."
Speaker Of the House OF Representatives.
GEORGE REX, 3D..
President of the Senate PRO tempore.
March IA, 1858. '.A va
mo. 97.] AN ACT
10 amend Inc act entitled an act ito enable
the trustees Of Colleges, Academies, Uni.
versitie,s and other Institutions for the
purpose OF promoting. education to become
bodies corporoted." g au.5
Sec. /. BE it enacted by the General
Assembly Of the State Of Ohio, That the
second and third sections ofthe act entitled
"an actto enable the trustees OF colleges
academies, universities, and other instltu,
tions for the purpase OF promoting educa
ton, to become bodies corpotrte," be amen
ded so as to read as follows; 9.
Sec. Q. 70 ascertain the property anc
value thereof of any institution desirous o
becoming body corporrta under the pro
visions Of this act il shall be the duty q
the auditor Of any county Of this state or
application \ in writing Of any number Q
persons of whom not less than five shall h'
| resident freeholdera Of the county where
such application is made, and where sucl
institution is, or is intended to be located
setting forth the objects for which they de
sire to become Incorporated, to select thse'
iudicious Jisinterested freeholders Of w
county and voters therein as appraisers gh'
shall first take an oath for the faithful dis
charge oftheir duties before some coDpeten
officer. and such appraisers shall then pro
ceed to make schepule. and upon actua
| view to appraise the true value in money 9
sll such goods, ehsHels, lands and tent