Gallipolis journal. [volume] (Gallipolis, Ohio) 1837-1919, 1867-03-14

SuCu peTSOu Suall De deemed guilt
of an additional offense against th
provisions of this act, and shall b
liable to the suit or suits aforesaid.
SEC. II. That the commissioner
of any county, or trustees of an
township in which any sach road O
highway is situated, in whole or i
part, shall also have the right to ar
ply to any judge of court of rt
cord for an Injunction to restrai
the commission of any injury con
templated by the eleventh section Q
this act, and the same shall be grant
ed or refused according to justic
and equity, which writ, when allow
ed, shall be made returnable to tn
court of common pleas of the coun
ty in which such injury is done o
contemplated.
SEC. l3. That every suit brough
under the provisions of this act il
the official capacity of any such com
missioners or trustees respectively
shall not abate by the change of of
icers, but shall be prosecuted b.
their successors the same as if M
change had taken place, to fna
judgment, unless otherwise disposed
of.
SEC. IA. That the measure O
damages in any suit brought under
the provisions Of the eleventh sec
ten of this act, shall be full com
pensation TO the public for the los:
of, or injury to, such road or high
way, and the damages recovered il
any such, suit, after paying the ex
penses of the same, shall be trus
fund in the hands of the commits
sIoners or trustees respectively, tc
be applied to the repair of such roae
or highway, or to be expended upor
the public reads of such county Oh
township, as justice or equity may
require.
SEC. 10. That if any person OF
persons, corporations, or any con-
ductor of any train of railroad cars,
or any other agent or servant Of any
railroad company, shall obstruct, un-
necessarily, any public road or high
way authorized by any law of this
state, by permitting any railroad
car or cars, or locomotive to remain
upon or across any public road or
for longer period than
five minutes, or shall permit any tim
ber, lumber, wood, or other obstruc-
ton to remain upon or across any
such road or highway, to the him
drance or inconvenience of travellers,
Or any person or persons passing
alorg or upon such road or highway,
every person or cooperation so Of
tending, shall forfeit and pay fer ev-
cry such offense, any sum not ex-
ceeding twenty nor less than two
dollars, and shall be liable for all
damages arising to any person from
such obstruction, or injury to such
road or highway, to be recovered by
IN action at the suit of the trustees
Of the township in which such effense
shall have been committed, or any
person sueing for the same before
any justice of the peace within the
county where such ofense shall have
been committed, or by indictment in
he court Of common pleas in the
proper county; and all fines accru-
ng under the provisions of this sec
ion, when collected, shall be paid
over to the treasurer of the township
n which such offense was commit
ed, and by the trustees applied to
he Improvement of the roads and
therein; and every twenty
our hours such corporation, person
,r persons as aforesaid, after being
notified, shall suffer such obstruc-
ion unnecessarily, to the hindrance
)r inconvenience of travellers, or
my perssn or persons going along
,r upon such read or highway, shall
,e deemed an additional offense
Igainst the provisions of this act
SEC. I6. That every railroad
or other corporation shall
,e liable for all fines assessed against
uch company or corporation, for
ny obstruction caused by the con-
Iuctors of railroad ears, agents or
eryants of any such railroad com
any or other corporation, for viola
ions Of any of the provisions of the
lst preceding section.
Sec. II. That any landholder,
hrough whose land any state, ceun
Y, or township road is now or may
ereafter be laid out and established,
, hereby authorized, under the di-
ection of the trustees of the proper
ownship, to construct passway or
assways, either over or under such
pad or roads, SO as to permit the
tock OF such landholder 10 pass and
epass; provided, that such pass
'ay or passways shall not be con-
5ructed over or under any road with
/ the limits OF the out lets of any
ity, town, or village, and shall not
laterially hinder, or ebstruct the
'avel en- such road or roads where
lie same may be constructed; pro-
ided, further, that the said passway
r passways shall be constructed
nd at all times kept In COED repair
the proper expense of such land
older.
SEC. Is. That the trustees with
their township shall cause to be
.ected and kept up at the expense
the township, at the forks of eve
: state and county road, post and
hide beard or finger board, contain
g an inscription in legible letters,
recting the way and distance to the :
'wn or towns, or public place or +
aces situated on each road, respec-
vely. Thatif any person shall will
lily demolish, throw down, alter,
: deface any such guide board, ev-
y person SO offending shall, upon
,nviction before justice of the
sace Of the proper county, be fined
any sum not exceeding ten dol
rs. All fines collected under the
royisions of this section, shall be