Year: 1861

To amend sections 32 and 35 of an act


entitled san act for opening and reg,


ulating roads and highways" passed


January 27, 1858.


SECTION l. Be ytcnacted Jy the Gene.
rat assembly Of the State of Ohio, That
section 32 OF the above recited act be Sc
amended as to read as follows: Sec. so
That the viewers shall make report in
writing to the trustees, setting forth
their opinions in full for or against the
establishment of such road, together
! with statement of the damages, if any
assessed to each person through whose
land thes4oad is proposed to be .es-
tahlished, which report, together with a
return OF the survey and plat of said
road shall be deposited with the town
ship clerk, who shall notify the trustees
thereof, whereupon the trustees shall, at
their next meeting, cause said report to
be read, and if the same be in favor of
establishing said road, and the trustees
deem it reasonable and just, they being
satisfied that the damages, if any, have
been claimed and assessed, have been
paid or secured to be paid by the
petitioner or petitioners, the clerk of
the township shall enter said report on
record. And the trustees shall issue
their order to the petitioner or petition
ers, or any of them, to open said road
thirty feet wide, and from theneefarth
the road shall DC considered private or
township road, subject to be kept open
and in repair at the expense Of the ap-
plicant OF applicants for the same: Pro
rtded, however, that any township road
which commences in state, turnpike or
county road, and passes on and inter
sects another state, turnpike, county or
township road shall be opened and be
kept in repair by the supervisor in
whose district any such township road
may be situated in whole or in part, and
it shall be the duty of the supervisor to
cause so much labor to be performed by
those persons living within his district
liable to perform labor on the public
highways to be applied to opening or
keeking such township road in repair
as he may deem reasonable; and the
costs Of the view and survey of such
road shall be paid out of the township
treasury; but if the viewers shall report
that the prayer of the petitioner or
petitioners is unreasonable, and ought
not to be granted, no further proceedings
shall be had thereon by said trustees,
and all costs aecruing under the pro-
visions Of this section shall be paid by
the person or persons making applica-
ton for such road, except as hercinbe-
fore provided.


SEC. 2. That section 35 of the above
recited act be so amended as to read as
follows:


SEC. 35. That wheneverany township
road shall become useless, any ene Or
more residents Of the ownership may,
after giving the same notice required in
the thirtieth section Of this act petition
the trustees to vacate such road, and if
the trustees shall be satisfied that the
proper notice has been given, and no in
justice will be done thereby, they shall,
at their next regular meeting, declare
the same vacated, aud give notice thereof
to the township clerk, who shall enter
the same ON the records Of the township:
Prortdcd, however, that any person in
the township feeling aggrieved, shall
have right to appeal from the final de-
cision of SAID trustees to the probate
court in like manner as set forth in the
thirty-third section Of the above recited
act


Sec. ;. That the thirty second and
the thirty fifth sections Of the above re-
cited act to which this is an amendment,
be and the same are hereby repealed.


SEC. 4. This act to take effect and be
In force from and after its passage.


ED. A. PARROTT,
Speaker pro ten, of the House Of Rep


resentarives.