Fayette County herald. [volume] (Washington [Washington Court House], Fayette County, O. [Ohio]) 1860-1???, 1867-03-21

/
, ship clerk.
SEC. IL. That ifany person, bod
polite or corporate, shall obstruC
any public road or highway author
lied by any laws Of this State, an
suffer such obstruction to remain t
the hindrance or inconvenience O
persons making use Of such pub
lie road or highway, or shall, b,
virtue Of any authority whatever, o
otherwise change the line, fill up 0
dig the bed of any such road o
highway, or in any other name
render the same less convenient o
useful than it had been preyiousl,
thereto, such person, bod,
corporate or polite, shall b,
subject to an action at the suit 0
the commissioners Of the county o.
trustees of any township, or any
person who shall be injured by
such obstruction, in which sale
road or highway is situated, il
whole or in part, and when any
person obstructing any road ol
highway as aforesaid, shall sufel
such obstruction to reman for more
than "a hours after being notified
to remove the same, every such per
SON shall be deemed guilty of an
additional ofense against the pro-
visions of this act, and shall be liza
BILE to the suit or suits aforesaid.
Sec. u. That the commission
ers of any county, or trustees of any
township in which any such road or
highway is situated, in whole or in
part, shall also have the right to ap-
ply to any judge of court of record
for an injunction to restrain the com
mission of any injury contemplated
by the eleventh section Of this act,
and the same shall be granted or re-
fused according to the justice and
equity, which writ, when allowed,
shall be made returnable to the court
of common pleas of the county in
which said injury is done or contem-
plated.
Sec. I3. That every suit brought
under the provisions of this act in
the official capacity Of any such com
missioners or trustees respectively,
shall not abate by the change Of Of
ticers, but shall be prosecuted by
their successors the same as if no
change had taken place, to final
judgment, unless otherwise dispos
ed of.
Sec. IA. The measure Of dam
ages in any suit brought under the
provisions of the eleventh section
of this act, shall be full compen-
sation to the public for the loss or
injury to such road or highway, and
the damages recovered in any such
suit, after paying the expenses of
the same, shall be trust fund in the
hands of the commissioners or trus-
tees respectively, to be applied to
the repair Of such road or highway,
or to be expended upon the public
roads Of said county or township,
as justice and equity may require.
SEC Is. That if any person or
persons, corporations, or any con-
1uctor of any train Of railroad cars,
or any other agent or servant of any
,ailroad company, shall obstruct,
unnecessarily, any public road or
authorized by any law of
his State, by permitting any rail
'oad car or cars, or locomotive to
'emain upon or across any public
'oad or highway, for a a longer pe-
'iod than five minutes, or shall per-
nit any timber, lumber, wood, or
my other obstruction to remain up
IN or across any such highway, to
he hinderance or Inconvenience Of
ravelers, or any person or persons
passing along or upon said road or
highway, every person or corpora
ion so offending, shall forfeit and
,ay for every such ofense, any sum
lot exceeding twenty nor less than
wo dollars, and shall be liable for
II damages to any person for such
obstruction, or injury to such road
II highway, to be recovered by an
ction at the suit of the trustees of
he township in which such otfense
hall have been committed, or any
erson sueing for the same before
ny justice Of the peace within the
ounty where such ofense shall have
cen CO. nitted, or by Indictment in
he 4 of common pleas in the
rot, ounty; and all fines accru-
lg W II the provisions of this sec
on, ,hen collected, shall be paid
yer to the township in which such
fense was committed, and by the
'ustees applied to the Improvement
f roads and highways therein; and
very twenty four hours such corpo-
ation, person or persons as afore-
nd, after being notified, shall suffer
lch obstruction unnecessarily, to
le hindrance or inconvenience of
'aYelers, or any person or persons !
Ding along or upon such road or
ighway, shall be deemed an addi-
onal olfense against the provisions
t this act.
Sec. 16. That every railroad t
ompany or other corporation shall t
2 liable for all fines assessed against !
lch company or corporation for L
~ obstruction caused by the con
lctors of railroad cars, agents or
,ryants of any such railroad com L