The Weekly Perrysburg journal. [volume] (Perrysburg, O. [Ohio]) 1861-1???, 1867-04-19

AN ACT to Authorize County COMMITS
sionerS to Construct Roads on Petition
of II Majority of Resident Land Own
ers along and adjacent to the Line of
said Road,
SECTION /. BE IL enacted by the Genera Assent
bin ofhe State of Ohio, That the county commits
soners of any county in this state shall have the
power, as hereinafter provided, to lay out, con
sruct or improve by Strengthening, altering, grad
ing, paving, graveling, plauking, or ma cadamzing
any state county road or any part Of such road
within the limits of their respective counties.
SEC. 2. Before the commissioners of any county
shall order any Improvement mentioned in the first
section of this act petition shall be presented to
them at any regular called session. signed by
majority of the land holders resident within said
county whose lands will be assessed for the ex-
pense of the same, hereinafter provided, stating
the kind of improvement prayed for, and the
points between which the same is asked. Upon
the presentation Of such petition, and the filing of
a bond signed by one or more responsible Tree
holders, conditioned for the payment Of the ex-
penses of the preliminary survey, and report II
the said improvement shall not finally be ordered,
the commissioners shall appoint three disinter-
ested freeholders of the county as viewerSSand
competent surveyor or engineer to proceed, upon
a day to be named by the commissioners, to ex-
anime, view, lay out, or straighten said road as
in their opinion public convenience and utility re-
quire, and the county auditors shall notify said
viewers and surveyor of the time and place of
their meeting to make said view, and shall also
in said county, for three consecutive weeks prior
to said meeting, which said notice shall state the
time and place of said meeting, the kind of improve
ment asked for, the place OF beginning; lnterme-
diate points, if any, and the place of termination
| Seq 3. 1t shall be tho duty of the said view
ers and surveyor or engineer to meet at the time
and place specified by said commissioners, and,
after taking oath or affirmation, faithfully and
impartiaily to discharge the duties of their ap-
pointments, respectively, shall take to their as
sistance two suitable persons as chain carriers
and one marker, and proceed to view, eXamlne
Law out or straighen, as in their opinion public
utility and convenience require, and assess and
determine the damages sustained by any person or
persons through whose premises said road is pro-
| posed to be laid out, Strengthened or improved; !;
provided, that such viewers shall not be required
! to assess damages to auy person or persons, ex-
cept minors, idiots lunatics, in consequence of
the appropriation of any private property Tor the
making of said improvement, unless the owner or
owners thereof, or their agents, shall have hled
written application with said viewers giving
description of the premises which damages are
claimed by them provided further, that all appli-
cation for damages shall be barred unless they be
presented as above required; provided further
that any person or persons feeling aggneYed by
the assessment as aforesaid made, may demand OF
the commissioners to have the same assessed by
jury, in which case, such claimant may appeal
to the probate court of said county, and the same
proceedings shall there be had, and like orders
and judgments rendered as are provided for APP
an act to amend an act entitled an act for open
ing and regulating roads and highways, passed
January 27, A. D. 1852 as passed and took
effect April s, A. d. 1856 Is. O., 1901 provided
further, that the guardian of any minor idiot or
insane person may act for, and all his acts snail
be binding upon his said ward.
SEC. A. The viewers and surveyor or engineer
shall make a report to the commissioners at their
next regular session. showing the Pnohc necessity
of the contemplated construction or Improvement
the damages claimed and by whom and the
amount assessed to each claimant and an estimate
of the expense Of said improvement, and the lots
and the lands which will be benefited thereby and
ought to be assessed for the expense OF the same
provided, that no lands shall be so assessed which
do not lie within two miles of the contemplated
improvement.
SEQ. S. Upon the return of the report mentioned
IN the last section, the commissioners may, II in
their opinion public utility requires it, enter upon
their records an order that the improvement be
made, which order shall state the kind of i'm
proEement to be made, aud the width and extent
of the same, and the lands which shall be assessed
for the expense Of the same, and they shall there
upon appoint Ompetent engineer TO superlDtend
the performance of the work, and completion OF
said woI X, who shall, with the approval of the
county commissioners, make contract for the
performance of the work, and the contractor may
at once enter upon the performance OF SAID work
under the superntendence of the engineer ap7
pointed as aforesaid provided, that sand improve
ment shall be let in sections Of not less than one
half mile, and to the lowest ana BEST odderb VINO
shall give such reasonable security for the proper
performance of his contract within the time and
manner described, as the county commissioners
may deem expedent.
SEC. 6. The commissioners, when any such i'm
provement shall be ordered, shall Immediately
appoint three dsinterested freeholdes ofhe county,
who shall, upon actual view of the premises,
apportion the estimated expense of said improve
ment upon the real property embraced in the order
aforesaid, according to the benefit to be derived
therefrom, and report the same to the county an-
ditor and in making said appointment, they shall
take into consideration any benefit which will
accrue to any land or lands by reason of drainage
resulting from the making of SAID improvement.
| When the report Of said committee shall be re-
turned, the county auditor shall give notice of i
| by publication in some newspaper published and
OF general circulation In said county, and shall
also give notice for at least three consecutive weeks
| Of the time when the commissioners will meet at
the county auditors Office to hear the same. On
the day named in said notice, the commissioners
shall meet and II no exceptions have been filed to
said report, they shall confirm the same, but II
exceptions in writing have been filed by any OF
the owners Of the lands affected thereby, they shall
FIRST proceed TO hear such exceptions, and for that
purbose shall hear any tektiinony that shall bO