The Belmont chronicle, and farmers, mechanics and manufacturers advocate. [volume], February 11, 1853, Image 1

About The Belmont chronicle, and farmers, mechanics and manufacturers advocate. [volume] (St. Clairsville, Ohio) 1848-1855

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THE BELMONT CHRONICLE.
AND FARMERS, MECHANICS, AND MANUFACTURERS' ADVOCATE.
. . , . . i i ..I i i
NEW SRftlRS.-- VOL. 5. NO. 20. ST. CL1IRSVILLB, OHIO, 11111111. FEBRIJM II, 1853. flOLI NO. 8oT
LAWS OF OHIO:
PUBLISHED BY AUTHORITY.
AN ACT.
For opening regulating Road and
Highways.
Sec. . Do it enacted by the General As
sembly oftlie State of Ohio, That all Roads
end Highways, which have been, or may
hereafter be, laid out and established agree
ably to law, within this State, shall be
opened, and kept in repair, in the manner
hereinafter provided; and ail county and
township roads shall hereafter bo laid out and
'established agreeably to the provisions of
this act; and shall not be less than thirty,
nor more than sixty feet wide, and in all ca
ics tho width of such roads shall be determin
ed by the viewers of the same as hereinafter
provided. .
Sec. 2. That all applications for laying
out, viewing, reviewing, altering, or vacating
nny county road shall be by petition to the
County commissioners, signea by at least
twelve freeholders of the county residing in
the vicinity where said road is to be laid out,
viewed, reviewed, altered, or vacated; and
one or more of the signers to any petition,
presented as aforesaid, shall enter into bond,
with sufficient security, payable to the State
of Ohio, for the use of tho County, condi
tioned that the person or persons, making
such application for a view, review, alteration
or vacation of any road, shall pay into the
treasury of the county , the amount of all
costs and expenses accruing on such xieu;
review, alteration or vacation in case tho pray
er of said petitioners shall not be granted,
or when the proceedings had in pursuance
thereof shall not be finally confirmed and
established, and on neglect or refjsal of the
persons so bound, after a liability shall have
accrued to'pay into the treasury according
to the tenor of the bond.all cjsts and expenses,
that shall have accrued, the Audit r of the
County shall deliver such bond to the Pros
ecuting Attorney, whose duty it shall be to
collect and pay over the same to the County
Treasurer; and in all cases of contest, the
Courthaving jurisdiction of the case shall
have full power to render judgement for cosls
according to justice between the parlies.
Sec. 3. That all petitions fur laying out
or altering any county road shall specify the
place of beginning, the intermediate points,
(if any), and the place of termination of said
road.
Sec. 4. That previous to any petitions
being presented, for a county road, or for
the alteration of a county road, or for the
vacation of a county road, notice thereof!
shall be civen by advertisements, set up at'
the Auditor's office, and in three public pla- j
ces, in each township, through which any
part of said road is designed to be laid out, '
altered or vacated, ac least thirty days pre-'
vious to the meeting of the Commissioners,1
at which the petition shall be presented; al-1
so, a notice, stating the time when such pe
tition is to be presented, and the substance
thereof, shall be published for four cousecu- i
tive weeks, before the presentation of any j
such petition, in some newspaper, published
III the county, In which may be situated the
road sought to be established, altered or va
cated bj such petition (If there be u newspa
per printed therein); and on the petition
bring presented, and the Commissioners sat
isfied that notice has been givcn.as aforesaid,
they shall appoint three disinterested free
holders of the county as viewers, who shall!
also be a jury to assess and determine the I
compensation to bo paid in money for the
property sought to be appropriated, Without
deduction for benefits to any nrDrty of the
owner; and they shall also assess and deter
mine how much lej valoablc.ilany .the'ttad 0r
premises lYoin which luch appropriation may
DC taken, will be rendered by the opening
and construction of said rr,ud, and also a skil
ful surveyor to survey Vlie same, and shall is
sue their order, directing said viewers and
surveyor to proceed, on a day to bo named
in said order, or on their failing to meet on
aaid day, witVin five days thcreafter.to view,
urvey av.ii lay out or alter said roud; and al
so, determine whether the public conveni
ence requires that such road, or any part
thereof shall be sixty feet In width.or wheth
er a less width than sixty feet will as well
promote the public convenience, and report
the width which in their opinion, such road
should be established and opened.
Sec. 5. That it shall bo the duty of the
principal petitioner to give at least six days
notice, In writing, to the owner, or owners,
or their agents, it residing within the county,
or if such owner be a minor, idiot or insane
person, then to the guardian of such person,
if a resident of said county, through whose
land said road is proposed to be laid out and
established; und ulso six days notice to the
Viewers and surveyor, named in the order of
the Commissioners, of the time and place of
meeting, as specified in the said order; and
it is made the further duty of the principal
petitioner, if said road is proposed to be laid
out on any lands owned by non-residents of
the county, to cause a notice to such non
residents (if any there be,) to be published
for four consecutive weeks, in some newspa
per published in tho county; hut if there be
bo newspaper published in such county ,thcn
said notice shall be published in seme news
paper of an adjoining county, having general
circulation in said county, in which the lands
are situated, sought to bu affected by said
road, which notice shall state the tune and
place of the meeting of the viewers and sur
veyor, as specified, in the order of the Com
missioners; and also, the substance of the pe
tition lor said road.
Sec 6 That it shall be the duty of the
viewers and surveyor appointed as aforesaid
after receiving the notice required in the
Toreeoin" section, to meet at the tune and
nLce specified, in the order of the Commis
sioners aforesaid, or within five days there
after and after taking an oath or affirmati. n
faithfully and impartially to discharge the
duties of their appointments, respectively,
Shalt lake to their assistance two suitable
persons, as chain carriers, Hid one marker,
and proceed to view, survey , and Uy out, or
alter said road, as prayed lor in the petition
or as near the same as. in th"ir opinion,
rood road can be made, at a reasonable ex
pense, taking into consideration the utility
eonvbnience.and inconvenience and expense
Which Will result to individuals, as well as U
the public, if such road, or any part tnereo
shall be established and opened, or altered
and also as a jury discharge the duties re
quired of them by the fourth scct.oti of tin,
act And Hie said viewers shall, in additioi
to their duties as viewers; alio at tho sam.
;-'..,e assess anddelermino the danisges.sus
a an ncrson or persons througl
bo established: Provided, that such viewers I
shall not be required to assess or award dam-1
ages or compensation to any person or per- I
sons, except minors, idiots or lunatics, in i
consequence of tho opening of said road, un
less the owner bf owners, or their agents,
having notice, as provided for in the forego
ing section, of the application and proceed
ings by which his, her, or their property is
Ought to be appropriated, shall have filed a
Written application with said viewers, giving
a description of the premises, on which, by
them, damages or compensation are claimed: '
Provided further, that all nppiicntions for1
damages shall be barred, unless they be pre-;
sentcd as provided for by this act.
Sec. 7. That the snrveyor shall survey
the said road under the direction of the view
ers, and cause the same to be conspiciously
morked throughout, noting the courses and
distunccs, and at the end of each mile.-sliall
cause the number of the same, and also thoj
commencement and teriiiinattongf said road ;
or survey to lie marked on a tree, or mnnu- '
ment erected fb'r tnnl purpose; shall also'
make out and deliver to one of tho viewers,'
without delay, a correct certified return ofj
the survey of said road, and a plat of the'
same; and the viewers shall make and sign a
report In writing, stating their opinion in fa-
vor of or against the establishment or altera
tion of such road, or any part thereof, and
set forth the reasons of the sume, which re
port, together with the plat and survey of,
said road or alteration, shall be delivered to
the county auditor, by one of the viewers, on
or before the first day of the session ot tho
commissioners, then next ci.suing. And it
hill be the duty oftlie commissioners, on re-'
ceiving the report of .he viewers aforesaid, to
cause the same to be publicly read on two dif
ferent days of the same meeting, and If no le
gal objection shall be made to them for re
view of suid road, or any part thereof, or alter
ation, and they are satisfied that such road, or j
any part thereof, if the same be capable of di
vlsioni will be of public utility, and tho report i
of the viewers being favorable thereto, and I
that no damages have been claimed or asses-;
sed, they shall, on the third day of the ses-1 1
lion cause said reports, survey and plat to 1 1
be recorded, and from thenceforth said road'
shall be considered a public highway , and tho j
commissioners shall issue their order to the i I
proper supervisor or supervisors, directing'
said road to be opened; but if the report of 1 1
the viewers be against such proposed road !
or alteration, or if in the opinion of the com-1 i
missioners, the same shall be unnecessary,'!
then no further proceeding shall be had 1 1
thereon; and the obligor or obligors, in the I j
bond securing the costs and expenses, shnll 1 1
be liable for the full amount of such costs ; j
and expenses: provided, that in all cases, i
where any oath or affirmation is required to
be taken by any person under the provisions t
of this act, the same may he administered by c
the surveyor or by one oi the viewers, or re-
viewers w ho have previously been sworn or t
affirmed themselves.
Sec. 8. That it shall be the duty of the ;
viewers aforesaid, at the same time at. which'
they are required to make their report of it
view, to make a separate report, in writing, ) i
stating the amount of damages, (if any,) and J s
to whom, which by them have been asses . ,
sed, which would accrue by the opciu-,,, 0r
said road; and they shall also file 'Jnc written i
applications on which va nsscssrnents j
have becu made, wit tne counlv auditjr.
And the comm-ioner3 shall c:ulsc t10 said ,
report tn publicy rcad on the lllirii a!ly 0f ,
,nf kOslion at which it was received, and il l i
'.io petition for review or alteration shall have !
been presentad and received, and the coin- j
lniss.oners shall be satisfied that the amount!
so ascssed and determined bo just and e-1
quitable, and that the said road will, in their j
opinijn.be of Sufficient importance to the : j
public to cause the damages which have been j i
assessed asafoiesaid, to be paid by the county, :
they shall order the some to be paid to the Bp- j i
plicant or applicants from the county treasu- j
ry ;but if. in their opinion, the said road is not
of sufficient importance to the public to cause l
the same to be paid by the county, they may j i
refuse to establish the same a public highway 1 1
unless tho damages w Inch have been asses-
sed are paid by the petitioners. Hut if ap- ,
plication, by petition, shall have been made i
for review or alteration, then no further pro- j
ceeding shall bo had on the report till the U
final determination of the commissioners on ,
the application for review or alteration.
Sec. 9. That after the viewers of any t
county road shall have made return in favor
of the same, agreeably to tho seventh sec-'
tion of this act, and boforo isid return shall ,
be recorded, and the suid road established, it
shall be lawful for any citizen oftlie county j i
to apply to the commissioners for n review
of said road, by petition, agreeably to the
second section of this act, and the comtnis-'
(ignert shall, on such petition being presen-' j
ted, and they being satisfied the same is just j ,
and reasonable, appoint five disinterested i
freeholders oftlie courtly to review said road, ,
and issue their order to said reviewcrs.dircc-! ,
ting them to meet at a time to be specified
in such order, or within five days thereafter;
and the said petitioners for review, shall i
cause at least six days notice to bo given to ,
the principal petitioner for said road, of the ',
time and placeof the meeting of said review
ers; und the said reviewers shall meet, after
baying received th notice above required, '
und utter taking the outh or affirmation, re-'
quired by the sixth sec ion of this left, shall
proceed to examine tho routo surveyed for
said road by the former viewers, and make II
report, in writing, to the commissioners, sta
ting their opinions in favor or against the es
tablishment of said road, or uny part thereof
and their reus ins for the same. And if the
report of the reviewers be in fa-'
vor of suid road, the same shall be es-'
tablished, recorded und opened, agreea- j
bly to the provisions of this act, and
the person or persons bound for the same,
shall pay into the county treasury the amount ;
of thecosts of such review; but if the report
bit against the' establishment of such road.no;
furtner proceedings shall be had thereon be-1
lore the commissioner, and the person exe- j
cuting the first bond shall pay into the'
county treasury the costs and expenses of the
view, survey and review of said road.
Sec. 10. That when tho place of begin
ning, or true course of any State or county
' roau shall be uncertain, by reason of the re
' moval of uny monument or marked tree, bv
1 which such road was originally designated,
or from any other cause, tho county com
' misiioners'of the proper county may appoint
three disinter. ted landholders of tlie coun
ty to review slid straighten suid ruud, if they
' ahull deem it necessary, and a competent
3 surveyor to survey tho same; una Said ie
., viewers and surveyor, after taking the outh
j'or amruialioti required by the sith section
of this act, shall view and survey said road,1
and the sume correctly mark throughout, as
in rase of new reads, and shall muke a re
turn of said survcy.'ond a plat of said rood
to the commissioners, who shull cause the
same to be recorded, as in other cuses; and
from thenceforth said road, surveyed as a
foresaid, shall be considered a public nigh
way. I
Sec. 11. That if any person or persons
through whose land uny statu or coun
ty rood is. or may bo established, shall be
desirous of turning said road through any
other part of his or their lund, such person oi '
persons may, by notice and petition, agree
ably to the second, third and fourth sections ,
of this act, apply to the commissioners of the ,
county while in session, to permit him or ji
them to turn said road through any other part
of his or their line!, on as good ground, and ,
without incrensintr the distance to the injury
of the public; and upon the receipt of such ,
petition, the commissioners shall appoint a 1 .
surveyor, and three disinterested freeholders 1
of the county, as viewers ofsaid road, who',
shnll proceed to view and survey the ground '
over which said road is proposed to be turned I ,
and nsrertoin the distance which said road',
will be increased by such proposed alteration ' ,
and make out a report, in writing, stilting j ,
the several distances so found, together with ; .
their opinion as to tUe utility or inutility of .
making said alteration, and if said Ireehol-L
ders shull report to the commissioners tha
the prayer of the petitioner or petitioners is ' (
reasonable, and that the alteration will not j (
place the road on worst ground, or increase
the distance to tho injury of the public, they (
shall, upon receiving satisfactory evidence
that the proposed new road has been j
opened a legal width, and in all respects ,
made equal to the old road for the conveni- j
ence of travelers, (if in their opinion the ,
same will be just and reasonable,) declare
said new road a public highway, and muke r
record thereof, and. at the same time, vacate j!
io much of the old road as is embraced by tho r
new; and the person or persons desiring the
ilteration aforesaid, shall pay all the costs 15
of the view, survey and return of said altera-
lion; unless the commissioners shall bo sat
sfied that the alteration is of sufficient ad
vantage to the public to cause the same, to
je paid by the county.
Sec. 12. That when it shall become ne- j,
:essary toe-tablish a road on a county line, J
he inhabitants along such line may petition
he commissioners of their respective conn- g
les, for a view of such road, in the manner '
minted out in (he preceding sections of this
ict; and it shall be the duty of such boards
if commissioners, for each of the counties
nten sted, to appoint two discreet landliol- j(
lets as viewers, who, or a niujority of tnem,
hall meet at the time and place named in n
he order oftlie commissioners of the oldest (1)
ounty interested, who shall appoint a stir- .
eyor; and the viewers and surveyor ippi'u 8
ed as aforesaid shall also be a jury ur fjbe d'
sst-Rsment of damages, and sl'.ali in all re- '
pects be governed by tH0 prov isions of the
ireccding section" OI mil act; and the view-
rs and stnvy0r app0jnted as aforcsuid,shall
l",ke'v. retortr-rnritingrfor o against
'.'.ih road, to the commissioners of the conn- u
iei concerned; and he said commissioners, (,
uRn receiving such report, shall, iii all re- g
ects be governed by this act. 0
rSec. 13. That if, on receiving such re
Wrt, and there being no legal objections j,
hereto, and the commissioners of all the "
:ounties interested shall be of opinion that
such road, if opened, would be ol public util- u
ty, they shall order the sumo to be opened c
n the manner pointed out by this act. r(
Sec. 14. That when any road is located
ind ordered to be opened, us provided for in
the twelfth and thirteenth sections of thisact, Q
t shull be the duty of the trustees of each of ,
:!ie several townships adjoining such road, to t
(elect one from each of their number, whose (
iuty it shall be to meet at some convenient j,
place near the line of the same, (the time
ind place to bo oppointed by the oldest
township interested,) previous to tho time j,
ippointed by law for apportioning lubor to
:heir rospeciivc road districts, and t
shnll assign a sufficient number of persons to t,
pen such road and keep the same in repair, t)
lividingthe road in such manner that the n
jersons so assigned may work under the or- g
lers of the supervisors in the township to t
vhich they belong; and thn supervisors and j,
lersons so assigned, shall be governed by j
he provisions herein contained. j r,
Sec. 15. That when any county road, or ; t
mrt of any county road, shall be considered ' B
lseless, any twelve freeholders, residing in ' 0
hut part of the county where such road is j
'stablishod, may make application, by peti- j js
ion, agreeably to the second and fourth sec-1 Cl
Lions of this act, to the commissioners of ,
the county, to vacate the same, setting forth ()
n said petition the reasons why said road m
jught to be vacated, which petition shall bu j ;
iresentod und publicly read ut u regular ses-. f(
iion ol the commissioners, and no other pro- j
:eedings shall bo had thereon, until the j
next session of said commissioners, when it (
shall again be read as afoiesaid; and if no g
abjections be made, the Commissioners may
ieclure suid road vacated, or uny purt there- g
of which they may deem unnecessary to keep i
BpM fjr public convenience; but if o'.'jec-
lions bo mide, in writing, ugrecubry to the t
second section of this act, the commissioners c
shall uppoint three disinterested persons to g
view said road, who shall take the same oath
or affirmation as required by the sixth sec- g
lion of this act, und proceed to view the road
uforesaid, und muke a report of their opinion j
thereon, und the reasons for the same, to the j(
commissioners; und if suid reviewers shull
report in favor of vucuting suid road, or uny r
purt thereof the commissioners inuy, if they v
shall deem.it reasouuble und just, declare 1;
said roud vacuted, ugreeubly to the report of j
the viewers. ,
Sec. lb. That ifuuy person, who shall be );
appointed by the COUOty Commissioners, as g
a viewer, reviewer, or surveyor of iny roud,
shall reluse or neglect to perform the duties (
required by this act, Without making satis- t
factory excuse lor such relusul or neglect, ho
shull be fined ini'iiy sum not exceeding tive f
dollars, to be recovered by action ol debt, by
uny person, suing for tho sume, before any J
Justice of the l'cuce, within the township, ,
whereiu tho person so uppointed, und relu- (
sing or neglecting, muy reside; und shall bo (
paid over without deluy, by the Justice of ,
the Pe"f, or Coustuble collecting the same, .
to the Treasurer of the township, tuking his
receipt therefor. And the trustees shull,
cause all line.- which shull be puid into the '
township treasury, under the provisions of
this act, to be expended oil roads and bridg
es within their townships;
Sec. 17. That all persons, required to
render services under this act shull receive
sSCl li) " i , ' 15 :
compensution for etfeh dny they shall ne
cessarily he employed, a follows, to wit:
viewers and reviewers, one dollar and fifty
cents- chain carriers and markers, one dol
lar; earh;nfd surveyor two dollars, to be
charged as costs and cxptnses, and paid out
of the county treasury, on the order oftlie
county Auditor.
Sr.c. 18. That nrj ocp'il 'rm the final
decision of the coramKtoners for a new
county road, or for flnxejfcg, altering or re
viewing any State or county road, shall be
allowed to the court of common pleas: pro
vided, that notice of siifh appeal be given by
the appellant or nppelfcrits during the same
session of the commiwiuners at which said
tension vns made: and the appellant shall,
u ithin fifteen days thpi eafte. enter into
Dond with go id and MifRjiicnl security, to be
approved by the county aud'tor, for the pay
ment of all costs and expenses arising from
such appeal: Providfa, that minors, i.liots
and lunatics, or their guardians, may appeal
without giving bonti; and the comt of com
mon pleas may, ifinfh'Jr opinion justice
md the interest of thepublic require the
same, order another view or review of such
ond, or make any other order which they
nay deem just and reasonable in the case;
ind the decision of the court of common
ileus, in the cuso removed before them by
lUCh appeal, bIiiiII bo final, and no final order
hall issue in any oftlie cases aforesaid, un
Jl after fifteen days shall huve expired from
he time of making such decision, at which
line the auditor shall issue such order, un
ess an appeal has been perfected agreeably
0 the provisions of this section.
Sec. 19. That no writ of certiorari shall
c allowed to remove any proceeding had un
lerthis act-after the lapse of one year from
he time of making the final order In such
iroceeding by the county commissioners.
Sec. '8U. That the decision of the court
if common pleas, on petitions for roads, '.u
;en into said court by appeal, as provided
or in the eighteenth section of this act, to-j
ether with a plat, survey, or pertinent de
oriptlon of the road as established by said I
ourt, shall be certified back to the county
uditor, and he by him recorded in his rec
rd of roads, and ordered to be opened us in j
ther coses.
Sec. 31, That for their services required ,
y ' this act, the auditor and the officers ofj
10 court shall each be entitled to the same
!cs as they are entitled to by law for like j I
rvices in other cases; the auditor's to be ' l
aid out of the county treasury, and tho of-'i
cer's lees of the court to be Diked in t.lio '
ill of costs in the cause in court. 1 1
Sec. 38 That an appeal from the final I
.'cision of tho county Commissioners, for1
images M'iained, on the petition for any i
SW c(,'.".nty road, or for altering uny State , i
' County road, as provided for by this act, I
lull be allowed to the probate court: provi-. I
2d, thlUlotiee shall be given and bond filed j
zreeably to the eighteenth section of this
Et and the appellant .-diall within ten days
kereafter, file a transcript of the proceed-!
lgs hud before the commissioners, with tho
robate judge, who shull immediately issue aj
'rits of suinwowt . upua.itucjt trunscript.l
guinst theobligors in the bond filed under ,
Te second" section of this act, which wrir
nlll be seivcd and returned as other writs
f like character ; and in such suits the up
cllant shall be plaintiff, and the said obli-'
ors defendants.
Skc. 23. Thai upon return of service of
JCh writ, the Judge shall issue a venire fol
jury of six disinterested citizens of the
aunty, who, after having been sworn filth
illy to discharge the duties of their appoint
lent, shall proceed on a day to be named in i
lid venire, to examine personally the line I
f the proposed r jad, where it passes through
16 premises in controversy, and return I
leir decision, in writing, to the Probate i
:ourt, and the Judge shall enter the same
1 the record with tho former proceedings, h
ud the decision made und entered on rec
rd as aforesaid, shall be final, except us
ereinafter provided. , '
Sec. 24. That the decision obtained in
IS probate court, us provided for by the -venty
-second und tw enty third sections of i
lis act, shall be certified back to the county i
uditor, and if ttiu county commissioners
lull not deem such road of sufficient impor- i
nice to the public to cause tho'expenses i
icurred and damages assessed In the pro- i
ate court to be paid by the county, they may
;fuso to establish the same, unluss the par- I
es interested in the location of said road
lull pay, or cause to bo paid before the
ashing of said road, to the satisfaction of i
ie county commissioners, in case said road l
established as a highway, all expenses in- I
jrred and damages assessed: Provided, j
owever, that it shall be lawlul for the com-
lissioners, ifin their opinion a purt only of (
lid road will bo of public utility, to record i
ud establish such useful part und reject the
:sidue, in ense it be capable of division. I
Sec. 25. That in case such expenses and i
amuges ure paid, or secured to be paid, as i
foresaid, or the commissioners direct the i
amc to be paid by the county, then, andin i
itber case, they shall enter an order that 1
aid road be established a public highway.
Sec. 2 i. That for their services required
y tho twenty-second, twenty third and i
iventy-foiirth sections of this uct, the orli
ers and other persons required to perform
ervices shall euch be entitled to the same
ses us they are entitled to by law for like
ervices in other cases, the auditor's to be
aid out of tho county trea.-ury anu the
udgo und others entitled to fees to be tuxed
11 the bill of costs in the cuuse in court.
Sec. 27. That when uny ftute or county
oad may be injured or 'destroyed by tho
ashing of any luke, river or creek, it shall
o the duty of the trustees of the township
n which such injury or loss of road shull
mve occurred, upon petition of uny six Irco
loldcrs of tho township, to call to their uid
competent surveyor, und proceed to exain
no such road, as may huve been thus inju
ed or destroved; and if upon such cxamiiia
inn, suid trustees, or a majority of them,
hull be satisfied that such roud has been de
troyed.or so much injured thut the public
food requires un alteration of the sume, they
'bull 'irooeed to alter und luy out so much of
he new roud us may supply the several purls
il'the road thus desfoyed or injured: l'rovi
led, that if any person or persons, through
,v hose lands any such alteration or new
oad shall be luid out shall feel injured there
by, such pdrsou or persons shall make up
plicutioii to the trustees, at the lime of mu
king tlie alteration on his or their premiss,
to assess and determine, according to the
provisions of tlie fourth section of this act,
tile coinpensuliou to be made tu money for
tho property sought to bo appropriated; how
much less valuable, if any, fh premises wi(
be rendered by the alttrstion of sid rosd
and the said trustees snd surveyor shal
make report of their doings, in th mannet
pointed out as the duty of the viewers ami
surveyor in case of new roads; and the audi
torand commissioners oi the proper county
shall be governed In the reception and recor
ding of said report, in nil respects, as is pre
scribed in this act in csvesof new roadi.
BlC, 21 That the surveyors arid trustees
shall receive for each day they are necesnu
rily employed under the provisions of the
twenty-seventh section of this act, the same
compensation allowed to surveyors and view
ers in cusc of new roads, tho surveyor to be
paid out of the county treasury, on tho order
of the county auditor; and the trustees out
Of the township treasury on the order of the
township clerk.
BtO, 20. That any county road, or port
thereof, which has heretofore, or may here
after be authorized, which shall remain un
opened for public use for the space of seven
years after the order made or authority gran
ted for opening the same, or the part there
of remaining unopened, shall be, and the
same is hereby, vacated, and the authority
granted for erecting the same barred by
lapse of time; and any State road, or part of
any State road which has heretofore been
authorized, which shall remain unopened for
public use for the space of ten years after
the passage of the act outhorizin? tlie same,
shall be vacated, and the authority for open
ing repealed for non-user.
TOWNSHIP ROADS.
Sec. 30. That if any person or persons
shall, for the convenience of themselves and
neighbors, w ish to have a tow nship road laid
out, from the plantat'on or dwelling place of
any person or persons; or from any mill, or
house of public worship; or to any public
road; or from one public road to intersect
ano'.her,t shall be lawful for such person or ;
persons to petition the trustees of the prop
er township) for the same, alter giving thirty
days previous nolice thereof, by advertise
ment posted up at three public places with-'
in said township, setting forth in said adver
tisement the time when such petition is to 1
be presented, the place of beginning, inter- !
mediate points, if any, and plaM of terrains'-,
tion ofsaid road.
Sec. 31, 'i hat un euch petition being!
presented to the, trustees, and they being,
satisfied thdt proper notice has been given,
IS aforesaid, they shall cause the petitioner
r petitioners to enter into bond, with suffi
cient security puyable to the State of Ohio,
'or tho useof the township, and conditioned
:hat the person or persons making such ap
iliration, shall pay the amount of all cots
ind expenses of the view and survey of said
-oad; and the petition shall be read in open
nceting of said trustees; and they being Sat
sfied that such proposed road is necessary,
they shall appoint three judicious, disinteres
ted landholders of the township, who shall
constitute a jury, and a surveyor, who shall,
titer taking the oath or affirmation required
by the sixth section of this act, take to their
assistance two chain-carriers, and a marker,
und proceed, at the time directed by the trus
tees, or Wltfffu tlirt-t- ilavS (fterfcsfter, to view
the ground along which said road is propo
sed to be established, and locate the same as
near tlie prayer of the petitioner or petion
ers, as a good road can be had at a reasona
ble expense; and determine a corJing to the
provisions of section four, of this act, the
compensation which shall be paid to the
owner or owners of the land through which
it Is proposed to establish tlie same, and the
amount of damages he, she, or they may
sustain.
Sec. 32. That the viewers shall make a
report, in writing, to the trustees, setting
forth their opinion, in full, for or against the
establishment of such, together with a state
ment of die damages, if any, assessed to
L-ach person, through whose land the road is
proposed to be established; which report, to
gether with n return und plat of the survey
A said road shall be deposited with the to.vn
ship clerk, who shall notify the trustees
thereof; whereupon thn trustees shall at
their next meeting, cause said report to be
cad, and if the same be in favor of Estab
lishing said road, and the trustees deem it
easonable and Just, they being satisfied that
the damages, (if any have been claimed and
MseMfld,) have been paid or secured to be
laid, by tho petitioner or petitioners, the
:lerk of the township shall enter the said re
port on record. And the trustees shall issue I
their order to the petitioner or petitioners,
r any ol them, to open said road thirty feet
vide, and from thenceforth, tlie road shall be
sonildered'B private or township road, sub-
ecttobe kept open and in rep.iir, at the ex-j
ii'iidc of the applicant or applicants for the
lame: Provided, however, that any township :
oad, which commences in a State, turn-'
like, county or lownahip road, leading or
terminating In a county, turnpike or State
oad shall be opened uud kept in repair by
he supervisor, in whose district any such
township road may be situated in whole or
n part: und it shall be the duty of the super
visor to cause so much of the labor of the
parson! immediately interested, in such'
township road, to bo applied to the opening,!
jr keeping such township road in repair, asi
tie may deem reasonable; ond the costs of
the view ond survey of such roads shall be
paid outof the township treasury;but ifthe
viewers shall report that tfie prayer of the
petitioner or petitioners is unreasonable and
ought not to be granted, no further proceed-
ing ahull be had thereon by said trustees;
and all costs accruing under the provisions
of this section, shall be paid by the person
or persons making application for such road, '
except a-herein before provided.
Sec. 33. Thut un appeal from the final,
decision of the trustees of the township, on
ani petition or report lor a roud, shall be
allowed to the probate court, und the court .
muy order another new ofsaid road, or make
uny other order which may be just and rea
sonable iu the case: Provided the appellant
shall enter into bunds to the State of Ohio,
for the use of the to wnship, iu the sun, of
one hundred dollars, with one or more good
and suffioisnt sureties to the acceptance of
the township treasurer, within fifteen days
from tho date of the decision of said trus
tees, conditioned for tho payment of all
costs an 1 expenses urijing from such appeal,
if the load shall be established by the pro
ceeding had iu'lhe probate court, w hich ap
peal shall be entered with the probatejudge
Within six days from tho day of the filing ot
the bond with the township treasurer. And
no order shull issue for opening any town
ship roud until (litem days ulter the same
shull liuvo been established, ut which time
the clerk ot the township may issue such or
der by direction uf the trustees, uiiIosj un
I ' appeal has ben perfected, agreeably to th
, provisions of this section.
I: Hf.-. 31 That the dori-iion obtained ii
. the probate court, as provided for in thi
I forsfslng section, shall be certified back l
the township clerk, who shall notify thi
trustees thereof, whereupon the tTMtefl
shall dispose of the case agreeably to '.he or
der of the probate court. And the probltl
judge shall M allowed to tax the MM Iref
whirh are by law allowed for similar servi
ces in other rases.
' Sec. Hi. That whenever any town-hip
rosd shall become useless, any one or more
LftaMtnta of the township may, aft'-r gfvins
the same notice required in the thirtieth IOC
I tion of this act, petition the trustees to va
cate the same, and if uid trustees are satis
fied that the proper not.ce has bf-'-u given,
and no injustice will bs done thereby, they
shall, ut their next regular meeting, declare
the same vacated, and wive notice thereof to
the township clerk, who Shall enter the same
on the records of the tow nship.
Bsc. 3G. That the trustees of any town
l ship in thi state be and they arc hereby
authorized, upon petition for that pvspvse,
to alter or change the direction of any t w n
ship road in their respective townships, in
such manner as shall be reasonable and as
the public convenience may require.
Sec. 37. That upon applut ntion us afore
said for any alteration or change in nnv
township road, the sme proceedings sberl be
had by and before such trustees in ail re-,
spects as required Ly the thirteenth section
! ol this act.
Bto. 3S. That tne act entitled "an actfor
opening and regulating roads and highways,"
passed March luurteentV one thousand eight
hundred and tBirty-one, IAS act entitled '-un
act to amend the act, entitled '-an act for
opening and regulating roads and high
ways,' " passed .March third, one thousand
eight hundred and thirty-live; the act enti
tled "an act further to amend the act, CAti- .
tb d 'un act for opening and regulating roads
and highways,1 " passed February the six
teenth, one thousand eight hundred and
thirty-nine; the act, entitled "an act to
amend the act for opening snd regulsting
roads and highways," passed .March four
teenth, one thousand eight hundred and
thirty-six; the act, entitled '-an actio amend
un act entitled 'an act (or opening and regu
lating roads and highways,'" passed Febru
ary fifteenth, one thousand eight hundred ami
forty-four; '.he art, entitled "an uct further
to amend thi 'act for opening and regula
ting roads and highways,' " passed March
twenty-fifth, one thousand eight hundred and
fifty-one; the eleventh and twelfth sections
of an act, entitled -'an art prescribing the du-,
ties of supervisors, and relating to roads and
highways," passed March twentieth, one j
thousand eight hundred und thirty-seven;
the act, entitled "an act amendatory ol an
act, entitled 'an act defining tlie mode ofj
laying out and establishing township Mads,' "
passed March eleventh, one thousand eight
hundred and thirty one; also, of tn act, ntl
tled 'an act lor opening and regulating roads
and highways,' " passed February twenty
sixth, one thousand eight hundred and thirty
nine; tha act, eutitli-d "un act defining tile
mode of laying ou' and establishing town
ship roads," passed March eleventh, one
thousand eight hundred und thirty-one; the
uct, entitled --un act to amend an act ei,ti
tlea "an act prescribing the duties of super
visor, and relating to roads and highways,' "
passed January twenty-ninth, one thousand
eight hundred and forty seven; the act pass
ed March eleventh, one thousand eight hun
dred and rorty-three, entitled "an act to au
thorize county commissioners in any coun
ty in this State adjoining to or bounded by
the States of Pennsylvania, Michigan or
Indiana, to lay out uud establish county
roads on the line of this State thirty feet in
Width;" the act passed March twelfth, one
thousand eisfht hundred and forty-rive, enti
tled "an uct In relation to State and county
roads;" the uct passed February twenty-fifth,
one thousand eight hundred and thirty-two,
entitled "an uct supplementary to an act en
titled 'an act for opening and regulating
roads und highways;' " the act paiod Feb
ruary second, one thousand eight hundred
and forty-eight, entitled "an act to amend
the act to provide for laying out and opening
township roads;" the act passed Febiuary
eighth, one thousand eight hundred and forty-eight,
entitled "an uct to authorise the
township trustees of any township in this
State to make alterations in township roads,"
be, and they ure hereby repealed: Provided,
however, the repeal ofsaid acts shall not af
fect any act done, or uny right or liability
accruing or accrued, or any suit, matter or
proceeding, had or commenced under the.
provisions of said acts.
Sec. 39. This act shall take effect and be ;
in force from and after the first day of March,
one thousand etiht hundred and fifty-three;
JAMES C. JOHNSON,
Speaker the House of Representatives.
WILLIAM MEDILL,
President of the Senate.
January 27, 1853.
I have compared the foregoing laws with i
the couv furnished me. and find them cor-!
DAVID ALLEN.
Aud. Belmont Co.
Communication.
LOYDSVILLE, Jau. 31st, A. D. 1853.
Mr. Howard, As Mr. MlTTCHELL has
Bain graced your columns with even more
than his former amount of scurility and
slang-whangery, 1 will accomodate him I
with ono her notice; and the last one. He is
a very marvellous und erudite man. Truly,
knowledge is power, and book-le.irniiig, us
Dogberry says about writing aud reading,
comes by nature' Deis very anxious to dis
pluy bis learning and critical at uteness, and
then claims that he is only a farmer. (I hope
he does not intend to stigmatize I, is occupa
tion.) if we could only lend nim the world
for it week or two, he w ould surely w rite u
I comedy, sufficient to set the world in an
uproar. The stj le of his w riting would in
dicate thut the very art of composing makee
' him feel good all over.'
There is nn odd mixture in his communi
' cations that WOjnJ puzzle conjecture, tn
know how to apply them. It enables us.
I however, to form un estimate of tlie WriterV
' character. Ho is alternately pathetic in his
denunciations of ine and praues of himself!
i making quite a display of scurriluus iau-
guage from his well-furnished vocabulary ol
(vulgarity. He is a marvellous phizzinji
i bquit of a critic, w ho' curps ut every llihii
I Issid, (no difference Row true,) not favoring
I his perverted views. His snapphli eager
i ness -erninds me of the unfortunate poodle,
if who has received a dab of turpengpo under
llhll tail, by the well aimed hand of a mischio
I j votis urchin.
i He i even c nnppish at me for having ex
hiblted a rase of Instruments. After sooting
' Shakespeare, W i,r-.-ik. foirhin a pitiful
i strain: "The Dr. cruelly hung up before my
I SiTHghted f ya all the dread implements of
I surgical torture. It was positively cruel.
Naturally timid as to lurglcil operations,
i my terrified fancy saw fearful visions by day,
I and In my broken sleep wbal dreams did
Some, ol of a savage looking set
I of knives snd Saw! fief laved to the awe
1 strurk people at our Co. Fair, as a part of
Dr. ;i'i r.rmory ol torture.''
Poof Leanrfer - I pity him kMd almost re
s' t 1 was Induced, by some of my profes
sional brethren, to lay before his hysterical
person such a dread array of savage looking
Inatrutnenta. Little did I think of produ"
Icing such fearful visions by day, or noctur
nal billueinatioM. (Hope there will bo no
i hair lip nnd split nose" as the result.) If
those apparitions continue to trouble him,
it. might be -. 1 1 for, him, (as he is an imagi
iM'ive l.'.in!T.) t ' consult Hi" .Spirit Rappers
1 r.bout his case, if he Can find any, If he can
not find thein.au l Dr. Onflti.that he speaks of
so often, fails to teach him o -ure, he cvo'ld do
well to gr-t a Oopy ofold Billy McCoiinel.the
w itch do' tor; ,n the I2atli Dim he will find
sovereign balm for ids malady. Old Billy
is death OK hysterics.
When his paroxysm of (earful visions had
somewhat subsided, or.il partially regaining
bis normal .-'ate of mind, he compares him
self, tor ei'h a previous communication, to
Lady Macbeth, and me to Doctor Cains.
Perhaps the comparison i3 as opt as he
Could get,ifhs bad hunted Shakespeare all
through. As onr readers might wish to
know hat that disease was that caused the
Doctor to Fay, "this disease is beyond mv
practice," we will inform thm. The Lady
was insar,", (w hether a dread array of inat
ments vn: the cause I cannot say.) she was
Been to rise from her bed, unlock her closet,
take forth paper, write upon it. read it. after
wards seal it, and again return to bed, yet all
this in a most profound se ep. This appears
to have been the case with L'--audc-r. I will
give some of her ideas, t , show how closely
they compare with Mr. Mitchell. Lidy
.Macbeth, bad, by a gentlewoman been con
ducted ,nt the D jctor's presence, v. ,en she
breaks forth in tlie following strain: "Out
damned spot! out, 1 sa' ,,r"'- hv- Why
then 'tis lime to do it. Ii-!lis murky, fie
my lord, tin, a fo'.JIer und afraid. What
need we fear! Who knows it, when none
con call our power t account, yet who
would have thought the old man hu! si
much blood in him!"'
This was sufficient t show the Doctor
the true character uf the dread malady, and
cause him to declare. "This disease is be
y und my praotice."
WIipii consulted further about the case,
he declared o, her, as I will sf Leander
that mre needs he thd divine tiian the
physician.
The Ladys husband not willing the
Djctor should quit the case so, feelingly a.-k-
inter his lady "How docs yoUr patient,
Doitor!"
"Not so sick, my lord, as she is troubled
with thick coming fancies, that keep her
from rest.4 Macbeth says: "Cure her of
that." Tbe Doctor replies: "Therein the
patient must minister to himself" Where
in Macbeth did then as d es Leander now -Tlv
in a rage, and exclaim, "Throw phj;ic to
the dogs, I'll none oj it."
His phrensy was much increased by soots'
of the gentlemen who signed his certificate,
declsring to him that the decision W i'S char
acterised by a llagrant outrage, a monstrous
injustice. It was on the authority of these
opinions, that Leander was thrown into an
awful rage, like atirring up a hyena with a
crowbar.
Il be aboqld go on during one of his fiuof
anger, his friends should hold these men re
sponsible fjr the damage done. They may
not. however, have intended to harm Mr.
Mitchell, but merely wished, through him to
give me a castiiratioii for being u successful
competitor over eome of tbetn, for best dri
ving horses, -disappointing their a n.Ution
Verily it is BomSA'll&t dangerous to be a suc
cessful compi litr at one of those Fairs, as
we may call up (many days hepce,) some of
jur disappointed friends, and they pounce
On to us bke ii set of desperadoes, and if we
should merely unfold, a ease of instruments,
(by request oi some of our friends) to fill a
vacancy on thi table, some unfortunate 'el-low-
mortal might perhaps I e annoyed nil his
life, with the imaginary sight of glittering
knives and saws. Happily for Learidrr he
did not discover the Adjuster exhibited by Dr.
West. Had his eyes beheld that most
powerful of all Instrument, for reduolng and
adjusting disl Cations nn! fractures, every
joint uf his srould, in his phrenzied imagina
tion, have been torn asuuder long law. For
tunate escape indeed
He here seems to have lost sight of those
dreail Instruments; but another fit is on him.
He mounts the statements made by Smith
and Malonee, commencing with another
quotation from Nhakexir-irr handles them
"gingerly," (as be calls it,) in a harraugue of
four dozen lines or more; then with an air
of victory. that appears to make hint feel
good all over again, he says: "I dismiss
those worthies, self-convicted by their ow n
palpable contradictions."
Growing calm for a moment, he again
brings forward the Cutting Bu.t man. Hear
him: ''( see in Dr. llstep's reply of tiie
iJtb, th-.it I oui charged with not wanting to
do Mitchell justice, because I said he bad
misrepresented Entry's Cutting Box. Such
isutterly false. My co-committee-men have
misrepresented me in every respect "
There is u denial of all they suid. Now
look at his admission iu the nwtt sentence,:
"There was nothing said ubout the Cut
ring Box et any time, except in jest." Well,
I c nfess that is the greatest way of sneak
ing out of a dilemma I have seen for some
time. A fit subject that Joel, for thee to jell
ubout; thee must be a very humorous man.
"How has tiie as broke tiie wall that ihou
art out of the city again." -What I said in
my certificate of the '2'iih ult., I must state
under any circumstances." I should not
doubt that Joel, ind if you 6hould be called
un again I wishyotl would bo so accommo
dating us to tell us if Mr. Mitchell did not
on the second day ol the Fair, speak well of
your Cutting B ..v, and you being equally
accommodating iu then trying to get tho de
cision changed, joiiug nis horse the fits!
a premium.