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tion, which shall be in the town of Athens, of which he shall give notice in writing, to each member, at least twenty days previous fo such meeting, and all subsequent meetings of the said corporation, shall be in the said town of Athens.

Repealing Sec. 20. And be it further enacted, That all

ClauSe - - acts and parts of acts, containing any thing within the purview of this act, shall be and they are hereby repealed.

ELIAS LANGHAM, Speaker of the house of representatives,

NATH. MASSIE,
Speaker of the senate,

i

I . February 18th, 1804.

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CHAPTER XXVIII.

An act, for opening and regulating roads and highways. Sec. 1. Be it enacted by the general assembly Public roads of the state of Ohio, That all roads or highways, o' established by law, shall be opened, amended repair. and kept in repair, or vacated, agreeable to the provisions of this act; and the commissioners, commission

• • - • erS to enor any two of them in their respective counties, ão. • - - rs, etc., shall have authority, upon application, to make oneon - the second

and enforce all orders necessary therefor, for of which purpose they shall assemble themselves ...” at the place for holding courts in the several “"“” counties, on the second Monday of June, and first Monday in November, annually, and shall continue by adjournment, from day to day, until

the business before them be finished.

Sec. 2. And be it further enacted, That every application for any road, shall be by petition, spec- #!”. ifying particularly where such road begins, the to remarkable places by which such road is intended to pass, if any, and where the same shall end, signed by at least twelve landholders of the county, who shall be liable for the costs arising costs, how on such petition, survey and view, unless the paid.

road so petitioned for, shall appear to said com

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Previous to an Order for a new road, etc.

To be advertised thirty dayS.

Commissioners to appoint three vie WerS

to be SW Orn.

missioners, from the report of the viewers, to be of public and general utility to the citizens of the county at large, then the costs attending the same, shall be paid out of the county treasury,

Sec. 3. And be it further enacted, That previous to any application being made, for an order to lay out any new road, or to alter an established road, such intended application shall be advertised in three public places in each township, through which such proposed road may be designed to run for thirty days prior to the meetings of the said commissioners.

Sec. 4. And be it forther enacted, That upon the presenting of a petition in the form as aforesaid, and the commissioners being satisfied, that the petitioners have given the notice required by this act, the commissioners shall order such petition to be audibly read in open meeting, and thereupon shall appoint three disinterested landholders, who, or any two of whom, after having been duly sworn by any judge or justice of the peace, having had six days previous notice from some one of the petitioners shall proceed at the time directed by said commissioners, to view the ground along which said road is proposed to be conducted, and shall truly and impartially, take into consideration the utility and inutility, conveniences and inconveniences which will result, as well to individuals as to the public, if such road should be opened; and if a majority of said landholders shall be of opinion, that such proposed road, if established, would not be useful nor of public convenience, they shall report accordingly; but if they shall be of opinion, that such proposed road will be useful and of public convenience, they shall repair to the place where such proposed road begins, and the said viewers shall, with diligence and attention, examine the ground and view out said road, as nearly to the prayer of the petitioners, as a good road can be obtained at a reasonable expense, having a special regard to continue the road, in the same direction, as far as circumstances will admit; and the commissioners shall appoint a surveyor, whose duty it shall be, to take to his assistance two persons as chain carriers and one marker, and he shall attend said viewers and survey such road, according to the view of said landholders, conspicuously marking the same throughout, and truly noting the courses and distances thereof, and at every raile's end, shall erect a monument, expressing the number

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14—Vol. 2

Their duty.

Commissioners to appoint a surveyor.

TO take to his assistance to WO chain men and a marker.

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thereof, and shall protract a survey of said road; which, together with the proceedings of ‘. .;” the said viewers, shall be certified respectively sh, - and returned to said commissioners at their : | next session, to be held for said county, and the commission commissioners, on receiving such return, shall

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o, cause the same to be publicly read in open meet. to Pro** ing, on two different days of the same meeting, and if no objections are made to such proposed road, on the second reading, it shall be the duty of said commissioners, to order the said road to be opened a necessary width, not exceeding sixty-six feet, and made in other respects convenient for the passage of travelers, and cause a record thereof to be made, which thenceforth

shall be deemed a public road.

By whom Sec. 5. And be it further enacted, That objecand in what -

- onnel on tions to any proposed public roads may be made ect lonS

. . , by twelve landholders of that part of the county Hoa. through which the same runs, if such objec

tions are stated to the commissioners in writing, with their names thereto subscribed, at any time before such road is recorded and not afterwards, on account of the same being likely to be useless, prejudicial and burthensome to I the inhabitants, and where such objections are i made, the commissioners shall appoint five dis

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