The Belmont chronicle, and farmers, mechanics and manufacturers advocate. [volume] (St. Clairsville, Ohio) 1848-1855, 1853-02-11
ST. CLAIRSVILLE, OHIO, FRIDAY, FEBRUARY II, 1853

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! in case of new roads, and shall make a re.
turn Of said survey and plat of said roaC
to the commissioners, who shall cause the
! same to be recorded, as in other cases; and
! from thenceforth said road, surveyed as a.
foresaid, shall be considered public nigh
way.
Sec. IL. That il any person or persons
through whose land any state or coun-
! ty road is. or may be established, shall be
desirous of turning said road through any
other part of his or their land, such person OF
| persons may, by office and petition, agree
ably TO the second, third and fourth sections
of this act, apply to the commissioners of the
county while in session, to permit him OF
them to turn said road through any other part
/ of his or their land, on as good ground, and
without increasing the distance to the injury
of the public; and upon the receipt of such
petition, the commissioners shall appoint O
surveyor, and three disinterested freeholders
Of the county, as viewers ofsaid road, who
shall proceed to view and survey the ground
over which said roadls proposed to be turned
and as certain the distance which said road
will be increased by such proposed alteration
and make out report, in writing, stating
the several distances 50 found, together with
their opinion as 60 the utility or inutility of
! making said alteration, and if said freehol-
ders shall report to the commissioners tina
The prayer Of the petitioner or petitioners is
reasonable, and that the alteration will not
place the road on worse ground, or increase
the distance to the injury of the public, they
shall, upon receiving satisfactory evidence
that the proposed new road has been
opened legal width, and in all respects
made equal to the old road for the convent
ence o: travellers, Gf in their opinion the
same will be just and reasonable,) declare
said new road public highway, and make
record thereof, and. at the same time, vacate
SO much of the old road as is embraced by the
new; and the person or persons desiring the
alteration aforesaid, shall pay all the costs
of the view, survey and return of said aitcra-
ton; unless the commissioners shall be sat
isfied that the alteration is of sufficient ad-
vantage to the public to cause the same to
be paid by the county.
Sec. l2 That when it shall become me-
cessary to establish road on a county line,
the inhabitants along such line may petition
the commissioners of their respective coun-
ties, for a view of such road, in the manner
pointed ont in the preceding sections of this
act; and it shall be the duty of such boards
OF commissioners, for each of the counties
interested, to appoint two discreet landhol-
Gers as viewers, who, or q ma jority of them,
shall meet at the time and place named in
the order of the commissioners of the Oldest
county interested, who shall appoint sur
veyor and the viewers and surveyor appcin.
ted as aforesaid shall also be jurv for the
assessment of damages, and shall in all re.
spects be governed by tie provisions of the
preceding sections oI this act; and the view
ers ana surveyor appointed as aforesaid, shall
make 'ss.cfr report, IN writing for OF against
ST. Sii road, to the commissioners ofthe cuun-
ties concerned; and the said commissioners,
ubn receiving such report, shall, i'll all re-
4ects be governed by this act
CSec. l3. That if, on receiving such re-
port, and there being no legal objections
thereto, and the commissioners OF all the
counties interested shall be of opinion that
such road, if opened, would be ofpnblic util.
ity, they shall order the same to be opened
in the manner pointed out by this act.
Sec. IA. That when any road is located
and ordered to be opened, us provided for in
the twelfth and thirteenth sections OF thisact,
it shall be the duty of the trustees of each OF
the several townships adjoining such road,to
select one from each of their number, whose
DUTY it shall be to meet at some convenient
place near the line of the same, (the time
and place to be appointed by The Oldest
township interested0 previous to the time
appointed by law for apporticning labor to
their respective road districts, and
shall assign sufficient number of persons TO
open such road and keep the same in repair,
dividing the road in such manner that the
persons so assigned may work under the Or
ders of the supervisors in the township to
which they belong; and the supervisors and
persons SO assigned, shall be governed by
the provisions herein contained.
Sec. Is. That when any county road, or
part of any county road, shall be considered
useless, any twelve freeholders, residing in
that part of the county where such road Is
established may make application, by petit
ton, agreeaby to the second and fourth sec
tions of this act, to the commissioners OF
the county, to vacate the same, setting iorth
in said petition the reasons why said road
ought to be vacated, which petition shall be
presented and publicly read at regular ses-
sion OF the commissioners, and no other pro-
ceedings shall be had thereon, until the
next session of said commissioners, when 1t
shall again be read as afoi esaid, and 1t no
objections be made, the Commissioners may
declare said road vacated, or any part there
ofwhich they may deem unnecessary to Keep
open for public convenience; but 1t o9lec-
tions be made, in writing, agreeaby to the
second section ofthis act, the commissioners
shall appoint three disInterested persons to
view said road, who shall take the same oath
or affirmation as required by the sixth sec
tion of this act, and proceed to view the road
aforesaid, ana make report of their opinion
thereon, and the reasons for the same, to the
commissioners; and if said reviewers shall
report in favor of vacating said road, or any
part thereof the commissioners muy, ii they
shall deem.t reasonable and just, declare
said road vacated, agreeably to the report OF
the viewers.
Sec. l6. That ifany person, who shall be
appointed by the county Commissioners, as
viewer, reviewer, or surveyor OF any road,
shall refuse or neglect to perform the duties
required by this act, without making salts
factory excuse Tor such refusal or neglect, he
shall be fined in any sum not exceeding i've
dollars, to be recovered by action OF debt, by
any person, suing for the same, before any
Justice of the Peace, within the township,
wherein the person so appointed, and retu-
sing or neglecting, may reside; and shall be
paid over without delay, by the Justice oil
the PeSce. or Constable collecting the same,
to the Treasurer Of the township, taking his