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CHAPTER XX.

ROADS.

SECTION 1. ESTABLISHMENT AND MAINTENANCE OF TOWN SHIP ROADS.

Where township roads may be laid out.-A township road may be laid out from the plantation or dwelling-place of any person or persons, or from any mill or house of public worship, or to any cemetery or burial ground or school-house, or to any public road, or from one public road to intersect another, or from any tract of wild or timber land, or from any stone quarries, coal mines or mineral lands other than petroleum or natural gas lands, to a railroad or railroad station, or from a railroad station to a township, county cr state road, or sawmill.1 4672.2

Width of.-Such a road must not be less than sixteen nor more than sixty feet wide. 4671.

Petition and notice thereof.-Any person or board of education or directors of a township cemetery, desiring a township road so laid out, for the convenience of petitioner and neighbors, may petition the trustees of the

The statutes authorizing the establishment of township roads are not unconstitutional, for the reason that such roads are as free to public travel as any other roads in the state. Shaver v. Starrett, 4 Ohio St. 494.

The act of January 27, 1863 (S. & C. 1289), entitled “an act for opening and regulating roads and highways," as amended April 8, 1856 (S. & C. 1301), is not repugnant to the provisions of the constitution relating to trial by jury, as contained in sections 5 and 19 of article 1. The right of appeal, therein provided for, to the probate court, where a constitutional jury may be had, validates the statute; and the provision for an appeal bond, with sureties, conditioned for the payment of costs adjudged against the appellant, does not contravene the right of trial by jury, as guarantied by the constitution. Reckner v Warner, 22 Ohio St. 275.

1As amended, 83 Laws, 44; and 88 Laws, 561.

township in which the road is to be laid out. But he, or it, must first give thirty days' notice of such petition, by advertisement posted up at three public places in the township, setting forth in such advertisement the time when the petition is to be presented, the place of beginning, intermediate points, if any, and place of termination of the proposed road.1 4672.2

No. 85. FORM OF NOTICE OF PETITION.

Notice is hereby given that a petition will be presented to the trustees of

meeting to be held at

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township, in
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county, at their day of

18 praying for the establishment of a township road along the following route, viz.: beginning at

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The description in the notice should be the same as in the petition.

Froof of notice.-It must be shown to the satisfaction of the trustees that the requisite notice has been given before any steps can be taken by them. 4673.

This can best be done by affidavit, as follows:

No. 86.

State of Ohio,

FORM OF PROOF OF NOTICE.

County, ss:

, being duly sworn, says that, on the

day

It is essential to the valid establishment of a township road, that the record should show either that the notice of the application was duly given, or that the trustees, before ordering the view, were satisfied that such notice had been given-the notice being a step which is essential and precedent to the exercise of the power. Ferris v. Bramble, 5 Ohio St. 109.

2As amended, 83 Laws, 44; and 88 id., 408, 561.

of

, 18, he posted up, at three public places in township of said county, copies of the following notice.

(Signed,)

Sworn to and subscribed before me, this

day of

18 .

(Official signature.)

A copy of the notice as posted up should be attached to the affidavit.

The petition. With the proof of notice the petition may be presented to the trustees, and it may be signed by any number of residents of the township, regardless of property qualification, and must set forth that the petitioners wish to have the road laid out for the convenience of themselves and their neighbors, together with the place of beginning, intermediate points, if any, and place of termination of the road.

No. 87. FORM OF PETITION.

To the Board of Trustees of

Ohio:

Township,

County,

Your petitioners, residents of said township, respectfully represent that it is necessary, for the convenience of themselves and neighbors, that a township road be established along the following route: Beginning at

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and thence to

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Your petitioners therefore ask that such proceedings may be had as are authorized and required by law for the establishment of a road along the proposed route.

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Hearing of petition.-The petition must be read in open meeting of the trustees; and if, after the reading of the petition, and such hearing as is mentioned in the next paragraph, they are satisfied with the proof of notice, and that the road is necessary, they must require the petitioner or petitioners to enter into a bond, with sufficient security, payable to the State of Ohio, for the use of the township, and conditioned that the persons or the board of education making the application shall pay the amount of all costs and expenses accruing thereon in case the application shall fail. It is provided in this connection that a majority of the trustees shall constitute a quorum for the transaction of all business of which they have jurisdiction. The directors of a township cemetery are not required to give bond when they petition for a road, and no costs or expenses can be assessed against them. 4673, 4674.1

Before deciding as to the necessity of the proposed road, the trustees may receive remonstrances against, and hear arguments for and against its establishment.

No. 88. FORM OF ORDER.

In the matter of the petition of township road in The said

township:

and others, for a

and others, residents of said township, having filed their petition for the establishment of a township road along the following described route (describe the road, as in the petition), and the trustees being satisfied from the proof before them that proper notice of the intention to present such petition had been given, according to law, and that such road is necessary, it is ordered that before further proceedings are had upon said petition, one or more of the petitioners enter into a bond, in the sum of dollars, payable to the State of Ohio, for the use of the township, conditioned for the payment of all costs and expenses accruing thereon if the application shall fail.

If the trustees refuse a view, proceed as above to the *, and thereafter insert the following instead of that given above: and said petition being read in open meeting of the trustees, and upon due hearing and consideration, the said trustees being satisfied that said proposed road is not necessary, it

1 Section 4674, referred to here and in the following pages, is the amended section found in 77 Ohio L. 55, and 4673, is amended in 83 Ohio L. 45; 85 id. 177; and 88 id. 349, 408.

is ordered that said petition be dismissed without further proceedings.

Record of township roads.-In addition to the book for the record of the proceedings of the trustees, and other beoks specified by law, the township must provide a book for the record of township roads. 1503.

It is in this book that the record of all township roads must be made.

No. 89. FORM OF BOND.

Know all men by these presents, that we

of

township,

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county, Ohio, are held and firmly bound unto the State of Ohio, for the use of said township, in the sum of dollars, to the payment of which we hereby jointly and severally bind ourselves, our heirs, executors, and administrators. Witness our hands, this day of

18

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The condition of the foregoing obligation is such, that, whereas, the said and others have filed their petition with the trustees of said township, praying for the estab lishment of a township road along the following described route (here describe the route, as in the petition.)

Now, if the said petitioners shall pay all costs and expenses accruing upon said petition and application if the same fail, then this obligation shall be void; otherwise it shall remain in full force and effect.

Executed in presence of us

In case the application does not fail, the trustees may in their discretion order the petitioner to pay any or all costs and expenses of such application, or may pay all or any portion thereof out of the township treasury.

1

Appointment of viewers and surveyor.-If the bond be given, as required, the trustees must then appoint three 14763 as amended, 88 Laws, 349.

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