Spirit of the times. [volume] (Ironton, Ohio) 1853-1858, 1853-03-01
shah b. liable 10 suit or suits aforesuit

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shah BIZ liable 10 suit or suits aforesnit
Sec. "A. That the commissioners o
any county, or supervisors OF any dis
trict, in which any such road or high
way Is situate. in whole or in part, sha|
also have the right to apply to any julg'
Of court Of recorl, for mn injunction Il
restrain the commission oil any injur,
contemplated by the thirteenth seclio'
Of ,his del, an The same shall be grant,
eI or refused aceocling 10 justice an
equity; which writ, when allowed, slnl
be made returnablc TO the court Of CON
mon pleas of The county in which suel
injury is done oI contemplated.
Sec. 10. That any suit brought undo
the provisions fthls act, in the otlicia
l.capacity Of any such commissioners o.
supervisors rcspectivcly shall not aba,'
by the change of officers, but shall bt
prosecuted by their successors, the same
as no change had taken place, TO fin
al judgment, unlcss otherwise disposed
OF. =, r. . r, -F
Sec. 10. That the measure ofdamngc.
in any suit brought, under the provisions
Of The thirteenth section OF this act, shal
be full compensation to the public foI
the loss Of or Injury to, such road OF
highway, and Me damages recovered in
any such suit, after paying the expenses
of the same, shall be trus, fund in the
hanls Of such commissioners, or super.
visors, respectively, 10 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.
Sec. II. That all avenues, streets and
alleys, in villages, towns and cities,
which are or may be laid on, asiceably
10 law. shall be, and the Same are here.
by declared public highways. for every
purpose, whatsoever: provided, that the
municipal authorities of any incorporat.
ed city, town or village, may make, or.
dain anl enforce such laws and ordi.
nances concerning the side. e.waiks of the
streets oisuch city. town, or village as
shall be deemed Necessary to prevcn,
such sidewalks from being use for the
passage o.! horses, WAGONS, or other car.
riases, or for hiIching or standing horses,
OF other animals thereon.
Sec. Is. Tha, ilany person or persons
corporations or any conductor of anv
train Of railroad cars, or any other agen, ,
or servant of any railroad company shall
obstruc, unnecessarily any public roal
or highway authorized by any law OF this
Safe, by permitting any railroad car or
cars, timber, lumber, wood or other OBJ.
s,ruc,ion TO remain upon or across an;
such roa. or highway, 10 the hinlrance
or Inconvenience Of travellers or any per.
son or persons passing along or upon
such roal or highway, every person or
corporation so offending shall foriei, AMI
pay for every such offence any sum no,
exceeding twenty nor less than two dol.
lars. and shall be liable for all damages
arising to any person from such obsiruc.
ton OF injury TO such road or highway,
10 be recovered b. an action a, the suit
Of the supervisor Of the district in which
such offence shall have been commit,el i,
or any person suing ioi the same. be.
fore any Justice Of the Peace within the
county where such offence shall have
been committed, or by Indictment in the
coult OF common pleas of the proper
county, and all fine; accruing unler the
provisions OF this section, when collect.
ci, shall be paid over to the supervisor O.!
the district in which such offence was
committed, and by him applied to the
Improvement of the roads and highways
therein and accounted for in his annual
settlement with the trustees, and every
twony.lour hours such corporation, per.
son or persons as aforesaid, after bea .
notified, shall suffer such obstruction un.
necessarily to remain 10 the hinderance
or Inconvenience Of travellers or sny
person or persons going along or upon
such road or highway, shall be deemed
an additional offence against the proyi.
sions Of this section.
Section. 10. That every railroad
company or other corporation shall be
liable for all fines assessed against
such company or corporation for any OIL.
struction caused BY the conductors Of
railroad cars, agents or servants OF any
such railroad company or other corpo.
ration, fer violations Of any of the pro.
visions of the last prccce ling section,
and it shall be lawial for any officer
having process in his hands TO collect
any fine or fines assessed against such
company or corporation caused BY the
conductors Of railroa cars or any agent,
OF servant Of any such company, or cor.
PoFatIon 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.
Section 20. That each and every ST..
pcrrisor, who shal! Gu, any timber, OF
toke away any timber, stone or gravel,
for the purpose of repairing any road,
or the building or repairing any bridge
or crossways, within his district, shall,
OF demand of the owner or owners their
agent or agents. or the guardian or
guardians of any minor, IDIOT or lunatic,
OF the premises from which such timber,
stone or gravel shall have been taken
as aforesaid, give certificate, showing