Carroll free press. [volume] (Carrollton [Ohio]) 1834-1861, 1853-03-11

any person from such obstruction or injury TO
such road or highway, to be recovered by an
action at the suit Of the supervisor Of the dis
trlct 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 indictment in the Court Of
Common Pleas Of the proper county and all
fines accruing under the provisions Of this Sec
ton, when collected, shall be paid over to the
supervisor Of the district in which such offence
was committed, and by him applied to the i'm
provcment Of the roads and highways therein,
and accounted for in his annual settlement
with the trustes, and every tWenty-four hours
such corporation, person or persons as afore-
said, after being notified, shall suffer such OBJ
struction unnecessarily to remain to the him
drance or inconvenience Of traylers or any per-
son or persons gong along or upon such road
or highway, shall be deemed an additional Of
fence against the provisions of this section.
Sec. 49, That every railroad company or
other corporation shall be liable for all fines
assessed against such company or corporation
for any obstruction caused by the conductors
OF railroad cars, agents or servants Of any such
railroad company or other corporation, for vio-
lations of any OF the provisions of the last
proceeding section, and it shall be lawful for
any officer having process in his hands to col
lect any fine or fines assessed against such
company or corporation caused by the cUnduc-
tors OF railroad cars or any agent 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 committed, and sell the same in
the same manner as is provided for the sale Of
personal property levied upon by execution.
Sec. 90 That each and every supervisor,
who shall cut any timber or take away any
TIMBER stone or gravel, for the purpose of re-
pairing any road, or the building or repairing
of any bridge o1crossways, within his district,
shall on demand of the owner or owners, their
agent or agents, or the guardian guardians of
any minor, idiot or lunatic, of the premises
from which such timber, stone or gravel shall
have been taken as aforesaid, give a certificate
showing the quantity and quality of such tim
ber, the number of loads of stone or gravel,
with the value thereof respectively, and the
time the same shall have been taken.
Sec. 81. That any person or persons, who
the foregoing section, shall present the same
to the county commissioners, within six months
after the taking and carrying away of such
timber, stene or gravel, and the commissioners
being satisfied that the amount of damages,
certified as aforesaid, be Just and equitable,
shall cause the same to be paid out of the coun-
ty treasury. But if the commissioners shall
be of opinion that the amount of damages, as
certified to by the supervisor ought not be paid
by the county, they may refuse to pay the
same, in which case they shall determine what
sum, in their opinion, would be Just. But if
the applicant for the payment of damages shall
refuse to receive the amount certified to by the
supervisor, or the amount determined on by
the commissioners, then and in either case, the
commissioners shall require the said applicant
to enter into bond with good and sufficient Sc
curity, made payable to the Stste of Ohio, for
the use of the county, conditioned for the pay
ment of all costs and expenses that may accrue
on a view for the assessment of damages.
Sec. 22. That on the filing of the bond as
provided for in the foregoing section, the COM
mssioners shall appoint jury of three disin-
terested citizens of the county who shall, after
first taking an oath or affirmation to faithfully
discharge tie duties of their appointment, pro-
ceed on day to be named in the order of the
commissioners, or on failure to meet or said
day, within five days thereafter, to view and
examine the matter complained of, and assess
and determine the damages, if any. and return
their decision in writing, to the auditor Of the
county, on or before the first day of the next
regular session of the commissioners But if
upon actual view of the premises, the jury
shall be of opinion, that the amount of DANA
ges are not greater than the amount proposed
to be paid by the commissioners, then the OBJ
Igor or obligors in the bond filed with the COM
missioners, shall pay all the costs and expen-
ses accruing under the view. ...-
Tee. 90. That any landholder through
whose lands any State, county, or township
road, is now or may hereafter be laid out and
established, is hereby authorized under the d.
rection Of the supervisor Of the proper district
to constructla passway or passways, either over
or under such road or roads, so as to permit
the stock of such landholder to pass and re.
pass provided that such passway or passways
shall not be constructed over or under any
road within the limits of the outlots of any
city, town, or village, or within one half mile
thereof, and shall not matrially hinder or OBJ
struct the travel on such road or roads, where
the same may be constructed provided fur
ther, that the sNid passway or passways shall
be constructed and at all times be kept in good
epair at the proper expense of such landhold-
err.
Sec. "a. That each supervisor within his
district, shall erect and keep up at the expense
of his township, at the forks Of every State
and county road, post and guideboard, Or
finger board, containing an inscription in legi-
BILE letters, directing the way and distance to
town or towns or public place or places, situa-
ted on each railroad, respectively.
Sec. 25 That if any person shall wilfully
demolish throw down, alter or deface any mile
board or guide-board, on or at the forks Of any
public road, every person SO offending shall,
upon conviction thereof before any justice of
the peace of the proper county, be fined in any
sum not exceeding ten dollars with costs Of