The Lancaster gazette. [volume] (Lancaster, Ohio) 1863-1886, 1867-05-23
LANCASTER, May 9th, 1867.

LANCASTER, May 9th, 1867.
Messrs. John Hmchins, George W.
Hughes, Wesley Peters, Peter Hay,
John Reber, and others:
GENTLEMEN;--I have, at your re-.
quest, examined, with what care l
could give the subject, the legisla-
tioH of our General Assembly, dur
ing the session Of 1867, in relation
to roads and highways.
Three leading statutes were en-
acted on that subject.
l. The first abolishes the Office
of Supervisor, and commits the
care, supervision and control of all
the roads and highways within
their respective townships, except
where the same belongs to some
particular person or corporation, to
the township trustees, and charges
them with the duty of keeping the
same in repair, and of doing and
supervising all things needtul to
maintain the ordinary roads of the
county,
Withthisstajute SO far as relates
to constructing the road improve
ment you contemplate, we have
nothing to do.
2. The second statute, passed
March 29th, 1867, is the one which
most coDcers us:
1t provides that the County Com.
missioners shall have power, on Pc
tition, of q majority of the land
holders resident within the county,
whose lands will be assessed for the
expense Of the same, to lay out,
construct, or improve by straight
ening, altering, grading, paving,
CRAWLING, plankingor mecadamiz-
ing any State or county road with,
in the limits of their respective
counties, And the lands which
may be assessed, are those which
lie within two miles of the eontem-
plated improvement.
This assessment must be made
by three disintercsted free-holders,
to be appointed by the County
Commissioners, who, under oath,
and upon actual view of the prem
ises, shall apportion the estimated
expense of the contemplated i'm
provement, upon the REAL PROPER.
TY lying within two miles of Ell
ther side thereof, according to the
benefit to be derived to such pro
perty from the construction OF such
improvement.
1nmaking such apportionment
this committee of free-holders must
take into consideration any benefit
which may accrue TO any land or
lands, by drainage resulting from
the making Of such improvement.
After havingimado their appor-
tionment, the committee report the
same to the county Commissioners,
who must approve and confirm
their action in that behalf; and the
final action OF the Commissioners
in this particular, must be entered
of record on their journals, and
must show the estimated expense
of the contemplated Improvement,
and how the same has been appor-
toned upon the lands ordered to
be assessed.
These assessments must be placed
by the Auditor upon special du.
plicate, and collected as other taxes,
in such proportions as to meet the
installm6nts Of principal and inter.
est Of the bonds which the Com.
missioners are authorized to issue
to make the Improvement.
And when collected, they must
be applied TO the redemption Of the
bonds which the County Commits
sioners are authorized to issue, up
on the faith of such apportionment
and assessment, TO raise funds tc
make the contemplated improve
ment;, which bonds cannot bear
rate of interest greater than seven
per cent, and must be made paya
Bile in installments, or at intervals
not exceeding in all, the period o
five years.
These are the principal features
of this statute; the rest of its pro
visions, except as they will be here
after noticed, beingmatters Of mer'
detail.
8. Tho third statute, passet
April Is, 1867, authorizes the Coun
ty Commissioners to establish (bu
not eonstruct) free turnpikes with
in their respective counties. l
provides that whenever majority
Of all the land holders residing
within one mile Of any proposed
free turnpike road, on each sid
thereof, and within q limo drawn q
right angles with the beginning
and end Of such proposed free turn
pike, shall petition the Count,
Commissioners o. any regular ses
sion, for that purpose, -the Com
missioners may appoint three free