the bridge at Wills' creek; one for the road from Chillicothe, by Cincinnati, to the west line of the state; one for the road from Cincinnati to Dayton; one for the road from Dayton to Franklinton; one for the road from Chillicothe to Springfield, and one for the road from Gallipolis to Chillicothe; and said commissioners shall severally, before they enter on the duties of their office, give bond with good security to the treasurer of the state, in double the sum appropriated, to the laying out, opening and making the road for which he is appointed commissioner, for the faithful discharge of their duty under this act, to be approved of by a judge of the Court of common pleas where such commissioner reside, and each commissioner giving bond as aforesaid, shall deliver the same to the sheriff of the county in which he may reside, and it shall be the duty of the sheriffs, receiving such bonds, to forward them to the treasurer of the state, before the first day of June next, and whenever any commissioner shall deliver such bond to the sheriff of the proper county, it shall be the duty of such sheriff to endorse on the commissioner's commission, that he hath received the same.

Sec. 4. And be it further enacted, That it shall be the duty of each road commissioner, to cause

To give bond.

TO deliver the Same to the Sheriff of the county.

His duty.

Road commissioners, their duty.


. . Commis

! Sioners to lay Out their roads into

g lots, etc.

To give notice and receive pro

t posals.

the road for which he is appointed to be carefully surveyed and plainly marked, on or as near a direct line as the nature of the ground and situation of the country over which the same is to pass, will admit; and all roads laid out under this act, shall be sixty-six feet in width, and shall be and remain public highways: Pro"ided however, That the commissioners under this act, shall not be bound to cause said roads to be opened, otherwise than is in this act provided, and each commissioner shall be entitled to receive three dollars per mile, for surveying, marking, examining and making return of his road, and for all other services done and performed under this act.

Sec. 5. And be it further enacted, That each of the aforesaid commissioners, immediately after he shall have ascertained the ground over which his part of a road is to pass, shall lay out the same into convenient lots, of not less than five miles, nor to exceed thirty miles, and shall divide the whole sum of money allowed to his part of the road, amongst the several lots thereof, in proportion to the labor that is necessary to be done on each lot, and shall set up notice in writing at the court house or court houses of the county or counties, where the road is to pass, and in two of the


most public places in the vicinity of said road, that he will receive proposals until a day to be mentioned in his advertisement, not less than twenty days after setting up such notice for opening each lot of said road, and the said commissioner shall contract with the person making the most advantageous proposal: Provided, That the said person shall at the same time, enter into bond to said commissioner, in double the amount of the money that shall be allowed for his lot of road, with such security as may be approved of by the said commissioner, conditioned for the faithful performance of his contract: And provided also, That the said contract shall require at least the labor hereinafter mentiomed, to be expended on every part of said road, viz: All timber and brush shall be cut and cleared off, at least twenty feet wide, leaving the stumps not more than one foot in heighth; wet and mily places shall be made passable by a causeway sixteen feet wide, to be made of timber covered with earth; small streams that are difficult to be passed shall be bridged; where the road passes on sidling ground, it shall be dug horiZontally into the hill, so that the road shall measure crosswise at least eight feet in the Solid ground; in ascending hills that are to be dug, the road shall not have a greater elevation,

The persons Contracted with to give bonds, etc.

The labor to be expended, etc.

Proviso, when less than ten dollars per mile is appropriated,

When a lot of road is completed, the person who made the contract to receive an Order On the treaSuTer.


CommissionerS to forward to the treasurer 3, list Of Orders, etc.

from a horizontal line, than fifteen degrees; and it shall be the duty of the commissioner to examine every part of the road so made: And provided (t/so, That all the roads mentioned in this act, for which there is less than ten dollars per mile appropriated to the opening thereof, the commissioners of such roads are allowed to use their own discretion as to the width and bridging, so that the money may be laid out to the best advantage, in making as good a road as the nature of the case will admit.

Sec. 6. And be it further enacted, That when any person, who shall have made a contract, for opening any lot of road as aforesaid, shall have completed the same agreeable to his contract the commissioner appointed to superintend that part of the road within which said lot is situated, shall give to the said person an order on the treasurer for the amount of the money due to him upon his contract: Provided, That said order shall not be payable until after the first day of November next; and it shall be the duty of each of the said commissioners, to forward to the treasurer, before the first day of November next, a list of all orders by him drawn upon the treasurer, stating the amount of each order, and if there shall not be in the hands of the treasurer as much of the money appropriated under this act, as will be sufficient to pay off the whole of such orders, the treasurer is hereby directed to make a distribution of the money in his hands between the several persons holding said orders, in such manner that each person may receive such part thereof as shall be proportioned to the amount of his order; and the said treasurer is further directed, at the end of every three months after the said first day of November next, in like manner to make distribution of the money between the several persons holding orders on him, until the whole are paid off.


Sec. 7. And be it further enacted, That it shall be the duty of each of the commissioners aforesaid, to return to the clerk of the court of common pleas of the proper county, an accurate map and field notes of the survey of such part of his road as is laid out in such county, and it shall be the duty of such clerk to record the same at the expense of the county; and it shall also be the duty of such commissioner, to make a report to the next general assembly of his transactions under this act, accompanied by a fair list of all such orders as he may have drawn upon the treasurer; and it shall be the duty of

When the treaSurer has not money to pay perSOnS holding orders, etc., to make distribution, etc.

10–Vol. 2

Commissioners to return map, et C., to the Clerk Of court, common pleas, etc.,

TO report to the next general àSsembly.

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