The Portsmouth inquirer. [volume] (Portsmouth, O. [Ohio]) 1849-1855, 1853-03-04

an m
couny treasury and the Judge and Others entitlea n
court. '' ~ sno cause II
SE " That when any state or county road ma,
oe injured or destroyed BY the washing Of apy laka
ner or creek, 1t shall be the duty OF the tfuseas
M he ,ownship In which such injury OF loss OF roa,
snali % nave occurred, upon petition of any six rec
ton. me township, 70 call TO their aid eompe
VIII surveyor, and proceed TO examine such road a
may nave been thus injured or destroyed and II I'M
On such examination, said trnstees or a maiortv y
then, shah be sitste,l that such road has been ds
si1yea, or somgeh injured that tthe public good re
lures an ateration OF the same, they shall procee,
70 alter and lay out so much Of the new road a. n
supply me several parts of the road thus q
injured; provided, that if any person or Darsons
nrough whose lands any such alteration or new roa,
sha De laid out shall feel injured thereby such Der
son or persons shall make application 10 he trnst.es
m the time of making the alteration on his or thei
reLises, TO and determine, According 10 m,
DIVISIONS OF the fourth section Of this act, the CON
lensation 10 DO made in money for the propert,
9ught TO he appropriated; how much less valuable
any the premises will be rendered by the Alteration
said road; aud The said trustees and surveyor sha
aase report Of their ao!ngs, in the manner pointed
ut ~ the duty o tho viewefsand survey or IN case
new roads, and the auditor and commissioners Of III,
proper county shall be governed in the reception AMI
lesording or saidreport, IN all respects, us is pre-
Nlioed IN this aet In cases ofnew roads.
oEc. 70 Ihat the surveyors and trustees shall re-
cove for each day they are nece sarly employed nm
uf the provisions OF the twenty seventh section o.
llf act' tne same compensation allowed 10 survey.
viewers In case OF new roads, the surveyor to
W paid out OF the county treasury, on the order o
The eounty auditor and the trustees out of the town
shlptreasury on the order Of the township clerk
sAc' ~. lhat any county road, or part thereof
Whoh has heretofore, may hereafter be authorized
Fhlch shall remain unopened for public use for the
pace of seven years after the order made or author
" granted for opening the same, or the part thereof
Pmaining unopened, shall be, and the same is here.
, vacated and theauhority granted for erecting the
hu VaR Aaofe et.x.AN
art of any state road which has heretofore been au
orized which shall remain unopened for public use
r the space OF ten years after the passage of the act
apthnrizng the same, shall be vacated, and the au-
tnofity Tor opening repealed for non user. I.
TOWNSHIP ROADS.
Sec 30. That If any person or persons shall. for
We convenience of themselves and neighbors wish
70 nave township road laid out from the plantation
Of dwelling place OF any person or persons; or from
any MILL or house of public worship; or TO any public
road; or from public road to inter ect another II
SHALL be lawful for such person persons TO petition
te giving thirty days previous notice thereof by ad
vatlsement posted up ut three public places within
said township, setting forth In said the
tlme when such petition is to be presented, the puca
of erniinati0n of said road.
Sfo. 81 That on such petition being prese, ted Ia
he trustees, and they being satisfied that proper no.
cs has been given, as aforesaid they shall cause the
ciebt security payable 10 the state of Ohio for the use
of The township, and conditioned that the person OF
pefsons making such application shall pay the amount
OF all eosts and expenses of the view and survey OF
said road; and the petition shall bsreadi open meet
ing OF said trustees; and they being satisfied tina,
such proposed road Is necessary, they shall appon
three Mpious, disntefested landhoders Of the town
ship, who shall constitute jury, and surveyor, who
shal after taking the oath affirmation required BY
the sixth section of this act take to their
two chain carriers, and marker, and proceed at the
TIE directed by the trustees, or within three days
thereafter to view the ground along which said road
Is proposed TO be establishes and locate the same a:
near the prayer Of the petitioner or petitioners as
good road can be had at reasonable expense; and
determine according to the provisions Of section four
OF this act the compensation which shall be paid "a
the owner or owners of the land through which II is
proposed 10 establish the same, and the amount O
damages he, she, or they may sustain. -
1 SEcf 3s. That the viowefs shall make report Ii
writing tn the tru stees setting forth their opinion IN
full, for or against the establishment of SUCH togetbe
with statement Of the damages, If any, assessed IA
each person, through whose land the road Is
70 be estaolisned; which report, together with re.
turn and plat of survey Of said road shall be deposit
ed with the township clerk, who shall notify the tus
tees thereof whereupon the trustees shalt Mt tbei,
next meeting, cause said report to bc read and II The
same be In favor OF establishing said road, and the
trustees deem II reasonable and lust tbev being sat
fed that the damages, Qf any have been claimed and
assessed0 have been paid or secured to be paid, by
the petit oner or petitioners, the clerk of the town.
snip shall enter the said report record. And the
trustees shall issue their order to the er or
oners or any Of them, to open said road thirty feet
wide and from thenceiorth, the road shall be nsjd.
cred private or township road, subject to be kent
open ana IL repair at the expense Of the applicant
or applicants for the same: Provided however thai
any township road, which commences in State
turnp ke. county, or township road, leading or Ter
mnating In county, turnpike or State road shall be
opened aud keptin repair by the supervisor in whose
district any such township road may be situated IN
whole or In part; and 1t shall be the duty of the SUI
pervlsor to canse so much Of the labor fhe persons
interested in such township road 10 be
applied 70 the opening, or keeping such township
road In repair, as he may deem reasonable and ma
costs of the view aud survey Of such roads shall be
paid ont of the township treasury; but If the viewer,
snail report that the prayer OF the petitioner or petit
TONERS Is unreasonable and ought not to be granted
no further proceeding shall be had thereon nv said
fustees and nil costs accrunc under tho nroyisions
OF this secton shall be paid by the person or persons
making application for such road, eXcept us herein
before provided.
SEC. 80. That an appeal from the final decision of
the trustees of the township on any petition or ro.
port for road, shall be allowed the probate court
and the court may order another view OF said road Or
make any other order which may be just and reason.
able in the case Provided, the appe liant shall enter
into bonds 10 the State Ohio for the use of the town
ship, In the sum Of one hundred dollars, with one or
more good and sufficient surees to the acceptance OF
the township treasurer within fifteen days from the
date of the decision of said trustees condition for
the payment Of all costs and expenses arising from
such appeal If the road shall be established by The
lad In the probate court, which appeal
shall be entered with the probate Judge within six
days from the day of the filing Of the bond with the
township treasurer. And no order shall issue for
opening any township road until fifteen days after the
same shall have been established, at which time the
clerk Of the township may issue such order by direc-
ton Of the trustees unless an appeal has been per-
feced agfeeably to the provisions Of ,hs section.
SEC. "a. That the decision obtained IN the probaie
cou as provided for In the foregoing section shall
be certified back TO the township clerk who shall no.
t the trustees thereof whereupon the trustees shall
dispose Of the case agreeaby 10 the order of the
bate court, aud the PROBATE judge shall be allowed to
tax the same fees which are by law allowed for similar
sefsires In other cases.
SEC IS. That whenever any township road shall
become useless, any or residents ofthe town
ship may alter giving the same notice required In the
thirneh section of this act petition the trustees to va.
cae the same and II said trust es are satisfied that
the proper notice has be given, and no injustice will
be done her. by, they ,hall, at their next regular
meeting, declare the same vacated, and give notice
thereof TO the township clerk, who shall enter tho
same on the recordsof the township.
Sec &c. That tho trustees of any township in this
state be and they are hereby authorized, upon pet-
ton for that purpose 10 alter or change the direction
Of any township road In their respective townships,
In such shall be reasonable and as the pub
lie convenience may require. III,
src. 81. That upon applica ton as aforesaid for
any alteration or change In any township road, the
same proceedings shall DO had by and before such
trustees In all respects as required by the thirteenth
section Of this act.
( SKc. 3e That the act entitled .san act for opening
and regulating roads and highways passed March
fourteenth, ono thousand eight hundred and thirty
on the net titled van act 70 amend the act, en-
ian act FOR opening and regulating roads and high
ways,'r passed March third one thousand eight hun
dred and ihiryve; the act entitled tan act further
amend the act entitled ian act for opening aud regu
lating roads and highways passed February The
sixteenth, one thousand eight hundred andthry nlDe
the act entu "an act 10 amend The act for opening
and regulating roads and highways,Y passed March
six the act entitled "an act To amendan act entitled
.nn net for ononng and regnlating roadA and high.