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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.