The Fremont weekly journal. [volume] (Fremont, Sandusky County, Ohio) 1867-1877, 1868-03-20
The New Road Law
AN ACT
Relating to Roads and Highways.
THE STATE Quo,

IlS1dtl1k 10 hOduh dQQ highways.
The STATE 0HIo
Office of the Secretary of Sta'e
1. John Russell, Secretary of State of the
State Of Ohio, do hereby certify that the an
nexed 9s true copy of an act therein
named, passed by the General Assembly OF
the State of Ohio, on the 9Th day of March,
1868, taken from the original rolls Oh file in
this office.
Given under my hand, at the city of Co.
lumbus, the 10th day of March, A. D. 1865.
JOHN RUSSELL,
Secretary of State.
SECTION 1. Be it enacted 5y the General
assembly Of the State Of (hio That the
trustees of the several townships of this state
shall, on the first Monday of March next,
divide their respective townships into suita-
bic road districts, and, annually thereafter,
may make such alterations therein as they
may deem proper, and cause brief descrip-
tion thereof TO be made on the township re-
cord, and also furnish each supervisor with a
plat of his road district; and shall cause the
same notice to be given as is now required
by law for the election Of other township
officers, of the election of as many supervi-
in the township.
SIC. 2. There shall be elected in each
township in this state, on the first Monday
of April next, and annually thereafter, one
supervisor of highways for each of said road
districts, who shall reside therein; and no
elector shall vote for more than one supervi-
sor at such election, and such elector shall
he resident of the same district in which
fl,sar. Al L. Il. IL
visors SO elected shall take an oath faithfully
aud impartially to discharge the duties OF
said Office, and the trustees may require of
such supervisor bond payable to the State
of Ohio, in trust for said township, in such
sum as they may determine; with security
TO be by them approved, condit;on for the
faithful discharge of the duties of said Office,
and, on refusal or neglect to qualify and
serve, shall forfeit and pay the sum Of five
dollars and costs, to be collected by the trus-
tees in an action of debt. Moneys so collect
cd shall go into the road fund of the town
ship, to be expended as other road moneys.
SEC. 3. That it shall be the duty of each
and every supervisor to open, or cause to be
opened, all public roads and highways which
shall have been or may hereafter be laid out
and established in his road district, the same
" hOOP lStdh3 anu ACLIOhCs VI CAUSE 10 De
removed, all Instructions that may from time
to time be found thereon; for which purpose
the supervisors are hereby authorized to en-
ter upon any uncultivated or improved
lands, unincumbered by crops, near TO or
adjoining such roads; to cut and carry away
timber, except trees or groves on improved
lands, planted or left for ornament or shade:
TO dig, or cause to be dug and carried away.
any gravel, sand or stone which may be ne
cessary to make, improve or repair said
road, and to enter on any lands adjoining or
lying near the road TO make. such drains or
bitches through the same as he may deem
necessary for the benefit of the roads. doing
as little injury to said lands and the improve
ments thereon and timber, as the nature OF
the case and the public good will permit; and
the drains and bitches 50 made shall be con.
Quoted to the nearest water-course, and shall
be kept open by such supervisors, and shall
not be obstructed by the owner or occupier
of said lands, or any other person or persons
having the same in charge, under the penalty
of forfeiting sum not exceeding ten dollars
for each and every offense, to be collected by
the supervisor, and paid over by him to the
township treasurer, and applied to the road
fund of the township.
SEC. 4. That all able-bodied male per-
sons, and all male persons able to perform or
cause to be performed the labor herein re-
quired, between the age of twenty-one and
hfty-fve years, except persons permanently
disabled in the military service of the United
States and any person who is now or shall
hereafter become an acting member of any
fire engine, hook and ladder, hose or other
company for the extinguishment of fires or
the protection of property at fires, now exist
ing and under the control of the corporate
authorities Of any city or Incorporated town
or village within this state, or of any such
company which shall hereafter be organized
under and subject TO the authorities of any
city, town or village as aforesaid, and who
receives no pay for such services, during
the time he may continue an acting member
of such company, shall be liable annually
to do and perform two days labor on the
highways, under the direction of the super
visor of the road district in which he shall
reside; provided further that Tif I any person
being warned, as hereinafter provided, shall
nay to the supervisor in whose district he
may reside, ths sum of three dollars within
three days after being notified by said su-
pervisor, the same shall be received in lieu
of the two days labor, and shall be applied
by the supervisor receiving the same to the
improvement of the roads in his district, and
accounted for as herein provided.
SEC. ). That it shall be the duty of every
supervisor to order out every such person,
res ident as aforesaid, between the first day
of April and the first day of September or
November annually, as the trustees may de-
signate and direct, TO do and perform the
work aforesaid on the public roads within
his district; and if any such resident, being
personally warned by such supervisor, or by
leaving a wr' tten notice at his usual place of
abode, shall refuse or neglect, having had at
least two days notice, to attend by himself
or substitute, to the acceptance of tie super
visor, or havingi attended shall refuse
to obey the directions of the supervisor, or
shall spend the time in idleness or inatten-
tion to the duties assigned him, every such
delinquent shall forfeit and pay the sum of
one dollar for every such offense, and shall
further be liable, in all cases of non- attend
ance to the amount allowed for two days
work, 10 be recovered by action before any
Justice of the peace of the proper township,
at the suit of the supervisor within whose
district he may reside; and the money SO
collected shall be applied 10y said supervisor
to the improvement of the roads in his dis
trict, and accounted for by him at the annu-
al 6elLlemeDl Will lne tIuStecS Oi his lOWu-
ship; provided, that no person shall be re-
leased from the performance of labor on the
highway by reason of the neglect of any
supervisor to order out such person on or
before the first day of September or Novem-
Der as herein provided.
SEC. 6. That in case any person shall re-
move from one district to another, who has
prior to such removal performed the whole
or any part of the labor aforesaid, or in any
other way has paid the whole or any part Of
the amount aforesaid in lieu of such labor,
and shall produce certificate of the same
from the supervisor Of the district, such GER
tificate shall be complete discharge for the
amount therein specified.
SEC. Z. That any person called upon TO
perform any labor on the public roads and
highways under any provision of this act
shall, by himself or substitute, appear at the
place appointed by the supervisor at the
hour of seven o'clock in the forenoon, with
such necessary tools and implements as the
supervisor may direct; and the supervisor
may, if necessary for the improvement of
the road, order any person owning the
same to furnish a team of horses, mules or
oxen, and wagon, plow, cart or scraper to be
used on the roads under the direction Of the
supervisor.