The Fremont weekly journal. [volume] (Fremont, Sandusky County, Ohio) 1867-1877, 1868-03-20

| OF DdSSWd1S budll HOb OC Oulsti OfCA VI
under any road within the limits of the out
lots Of any city, town or village, and shall
not hinder or obstruct the travel on such
roads; provided, further, that the said pass
way or passways shall be kept in good repair
! at The expense of such landholders.
SEC. %. That when any vacancy shall
occur in the office Of thesupervisor by death,
resignation or otherwise, the trustees of the
township wherein such vacancy occurs, shall
appoint some suitable person TO fill the va
cancy; the person so appointed shall before
entering upon the duties of his Office, take
an oath or affirmation to faithfully and i'm
partially discharge the duties of his office,
and shall be under the same restrictions and
penalties as though be had been duly elected
and qualified.
SIC. "a. That each and every supervisor
who shall neglect or refuse TO perform the
several duties enjoined on him by this act,
or shall under any pretence whatever, give
or sign any receipt or certificate, purporting
to be receipt OF certificate for labor or work
performed or money paid unless the labor
shall have been performed or money paid
prior to the giving or signing of such receipt
or certificate, shall forfeit, for every such Of
fense not less than five dollars nor more
than fifty dollars, to be recovered by action
before any justice of the peace within the
township where such supervisor may reside;
and it is hereby made the duty of the trus-
tees of the township to prosecute all offences
against the provisions of this section; pro-
vided, that if any supervisor conceiyes
himself aggrieved by the Judgment of such
justice of the peace, he may on giving suf-
ficient security to said justice for the pay
ment of costs, appeal to the court of common
pleas, who shall make such order therein as
to them may appear just and reasonable.
SEC. 25. That it shall be unlawful for any
supervisor to perform or cause labor to be
performed on any road not regularly laid out
and established by law.
SEC. &c. That each and every supervisor
who shall cut and take any TIMBER stone or
gravel, for the purpose of making, improving
or repairing any road or building, or repair
ing any bridge or crossway within his dis
trict, shall, on demand of the owner or own
ers ofthe lands, their agent or agents, or the
guardian or guardians of any ward, or the
executor of any will having the lands in
charge, from which timber, stone or gravel
wei Q taken as aforesaid, shall give certifi-
cate showing the quantity of such timber,
stone or gravel, with the value thereof re-
spectiyely, and the time and purpose for
which the same were taken.
SEC. 81. That any persons or persons
who shall receive a certificate as provided
for in the foregoing section, shall present the
same to the county commissioners of the
proper county at any regular session of said
commissioners within twelve months after
the taking aud carrying away of such timber.
stone or gravel, and the commissioners be-
| iug satisfied that the amount as aforesaid is
| Just and equitable, shall cause the same to
be paid out of the county treasury; but if
not SO satisfied, they shall determine what
sum, in their opinion, would be just.
SEC. IS. That each supervisor shall re-
ceive for his services two dollars per diem
for the time actually employed on the roads,
deducting the Communication for his two days
labor.
SIC. %. That at any time during the
year when any public highway shall be OBJ
structed, it shall be the duty of the super
visor of the district in which the same may
be, forthwith to cause such obstruction to be
removed, for which purpose he shall immed
lately order out such number of persons la
Bile to do work or pay tax upon the public
highways of his district as he may deem
necessary to remove said obstructions, if the
performed then two days labor upon the
public highways, or paid their road tax, the
supervisor shall give to such person or per-
sons a certificate for the amount of labor per-
formed, and said certificate shall apply on
the labor or tax that may be due from such
person or persons the ensuing year.
SEC 80. That it shall be lawful for the
supervisor of road districts, bordering on
the state line between Ohio and any adioin-
ing state, when public highway has been
located upon such state line in accordance
with and under the provisions of the laws of
the state of Ohio, to apply the labor of said
roads in the same manner as on other roads
located within the boundaries of this state;
and in case any public road is or shall be
established as part of the line or boundary
of any township, or incorporated village or
city, the trustees in such adjoining township
or townships and council of such incorpor-
a'ed village or city, as the case may be,
shall meet at some convenient place as soon
after the first Monday of March as conven-
lent, and apportion such roads between the
two townships, or township and village or
city, as justice and equity may require, and
the trustees in their respective townships or
village or city council, shall cause said road
or roads to be opened and improved accord
ingly.
SEC. 81. That if any person or persons,
corporations, or any conductor of any train
of railroad cars, or any other agentor servant
of any railroad company shall obstruct, un-
necessarily, any pnblic road or highway
authorized by any law of this state, by per
mitting any railroad car or cars, or locomo-
tive, to remain upon or across any public
road or highway for a longer period than five
minutes, or shall permit any timber, lumber
wood or other obstruction TO remain upon or
across any such road or highway to the
hinderance or inconvenience of travellers, or
any person or persons passing along or upon
such road or highway, every person or cor
poration so offending shall forfeit and pay
for every such offence, any sum not exceed
ing twenty nor less than two dollars, and
shall be liable for all damages arising to any
person from such distractions or injury to
such road or highway, TO be recovered by
an action at the suit of the trustees of the
township in which such offsnse shall have
been committed, or any person su ng for the
same before any justice of the peace within
the county where such offense shall have
been committed, or by Indictment in the
court of common pleas in the proper county
and all fines accruing under the provisions
of this section, when collected, shall be paid
over 10 the treasurer of the township in
which such offense was committed, and by
the trustees applied to the improvement Of
roads and highways therein; and every
twenty-four hours such corporation, person
or persons as aforesaid, after being notified,
shall suffer such obstruction, 20 the hinder
ance or inconvenience of travellers, or any
person or persons going along or upon such
road or highway, shall be deemed an adj
ditional offense against the provisions Of his
ac.. II
SEC. 80. That every railroad comi V6T'
other corporation, the servant or SEN. hts,
agent or agents, employe or empt<zS of
which shall, in any manner, obstruct any
public road or highway, shall be liable to
pay all fines which may be assessed against
such servant or servants, agent or agents,
employe or employees for SO obstructipg any
such public road or highway, and such
liability may be enforced by execution is
sued against such railroad company or other
corporation on the judgment rendered against
such servant or servants, agent or agents,
emplOye or employees, for Co obstructing such
public road or highway.
SEC 33. That the act entitled "an act
relating to roads and highways" passed
February 81, 1867, and the act entitled "an
act supplementary to an act entitled an act
relating to roads and highways, passed
February 81, 1861; passed April 8, 1867, be
and the same are hereby repealed 4; provided,
that such repeal shall not prevent the trustees
of any township from executing any contract
entered into by them under the acts hereby
repealed for the purpose of repairing or
building bridges, or for other purposes, and
paying for the same out of the road funds of
said township; and provided, further, that
the first meeting of the township trustees
shall be held on the third Monday of March,
1868. instead of The first Monday. as nrnvided