Gallipolis journal. [volume] (Gallipolis, Ohio) 1837-1919, 1853-03-03
Whole Number sgs

, oil court OF record, tor an Injunction 10
2 restrain the commission of any injury
contemplated by the thirteenth section
: Of this act, and the same shall be grant.
ed or refused according to Justice and
equity; which writ, when allowed, shall
be made returnable TO the Court Of Com.
mon Pleas Of the county IN which such
injury 10 done or contemplated: AN
Sec. Is. That any suiibrought under
the provisions of this act, in the official
capacity Of any such commissioners, or
: supervisors respectively shall not abaie
by the change Of officers, but shall be
prosecuted by their successors, the same
as il no change had taken place. to final
Judgment, unless otherwise disposed of.
/ Sec. Is. That the measure of DANA
ges in any suit brought, under the pro-
visions of the thirteenth section of this
act, shall be full, compensation 10 the
public for the loss Of or injury 10, such
road or highway, and the damages re-
covered in any such suit, after paying
the expenses Of the same, shall be a
trust fund in the hands Of such commis-
sioners, 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 justice or equity may require, sfri
Sec. IL. That all avenues, streets
and alleys, in villages, towns and cities,
which are or may be laid out agreeahly
To law, shall be, and the same are here's
by declared public highways, for every
purpose, whatsoever; provided, that the
municipal authorilies Of any incorpofas
tel city, town or village. may make,
ordain and enforce such laws and ordi-f
nances concerning the sidewalks oflhe
streets of such city, town, or village as
shall be deemed necessary to prevent
such sidewalks from being used for the
passage of horses, wagons, or other car
riages, or for hitching or standing hor-
ses, or other animals thereon. 8.1
Sec. IS. That If any person or per.
sons, corporations or any conductor Of
any train of railroad cars, or any other
agent or servant of any railroad compa.-
ny shall obstfuct unnecessarily any
public road or highway authorized BY
any Law of this State, by permitting any
railroad car or cars, timber, lumber,
wood or other obstruction to remain up-
on or across any such road or highway,
10 the hindrunce or inconvenienee of
travellers or any person or persons pas
sing along or upon such road or high.
way, every person or corporation so Of.
tending shall forfeit and pay for every
such offence any sum not exceeding
twenty nor less than two dollars, and
shall be liable for oil damages arising 10
any person from such obstruction or In.
jury TO such road or highway, to be re-
Covered by an action al the suit Of the
supervisor Of the district in which such
offence shall have been committed, or
any person suing for the same, before
any Justice Of the Peace within the
county where such offence shall have
been committed, or by indictmen. in the
Court of Common Pleas of the proper
county, and all fines accruing under the
provisions of this section, when colIec,s
ted. snail be paid over TO the supervisor
of the district in which such offence
was committed, and by him applied to
the improvement of the roads and high
ways therein and accounted for in his
annual settlement with the trustees, and
every twenty-four hours such eorpora.
ton, person or persons as aforesaid, af.9
ter being notified, shall suffer such OBJ.
struciion unnecessarily 10 remain to the
hinderance or Inconvenience Of travel
ers or any person or persons going along
or upon such road or highway. shall BE-
deemed an additional offence against
the provisions of this section.
Sec. 10. That every railroad compa.l
ny or other corporation shall be liable
for all fines assessed against such COM
pany or corporation for any obstruction
caused by the conductors OF railroad
cars, agents or servants of any such
railroad company or other corporation,
for violations of any Of the provisions
Of the last preceding section, and il shall
be lawful for any officer having process
in his hands to collect any fine or fines
assessed against such company or cor
poration caused by the conductors of
railroad ears or any agen, or servant of
any such company or corporation to
levy upon any property of such railroad
company or corporation found in the
county where such offence was commit.
ted, and sell the same in the same man
ner as is provided for the sale of per-
sonal property levied upon by execu.
lion. ,ri -s~es1 -sr4-.-I -r
Sec. 90. That each and every super.
visor, VINO shall cut any timber or take
away any timber, stone or gravel. for
Ihe purpose of repairing any road, or
Ihe building or repairing any bridge or
within his district, shall, on
demand OF the owner or owners, their
agent c. agents, or the guardian or guar
iians of any minor, idiot or lunatic, Of
Ihe premises from which such timber,
stone or gravel shall have been taken as
aforesaid, give certificate, showing the
quantity and quality Of such timber, the
number of loads Of stone or gravel,
with the value thereof respectively, and
he time the same shall have been taken.,
ro BE coNTINGED.l
LARGE CArTLE.-Forty head CT
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