AN ACT making special appropriations for certain purposes. Sec. 1. Be it enacted by the General Assembly of the State $10,000 for of Ohio, That the sum of ten thousand dollars, be, and the the General same is hereby appropriated for the payment of the members Assembly and the officers of the General Assembly, in part, of their compensation for the present session. $1,800 to refund taxes $1,800 to pay Sec. 2. That the sum of eighteen hundred dollars, be and the same is hereby appropriated for refunding taxes: twice or improperly paid. Sec. 3. That the sum of eighteen hundred dollars, be the Adjutant and the same is hereby appropriated for the payment of the General &c Adjutant and Quarter Master Generals, and Brigade Inspectors. $2,000 for the Sec. 4. That the sum of two thousand dollars, be, and State Printer the same is hereby appropriated for the payment of the State Printer, in part. $4,000 for the Sec. 5. That the sum of four thousand dollars, be, and Penitentiary the same is hereby appropriated for defraying the expenses of the Penitentiary. $30 to J. B. Gardiner Sec. 6. That a sum, not exceeding thirty dollars, be appropriated to pay James B. Gardiner, for his services in going to, and returning from, Cincinnati, agreeably to a Resolution of the Senate; and that the said James B. Gardiner shall be entitled to receive said sum at the Treasury, on the order of the Auditor of State. ELIJAH HAYWARD, December 24, 1828. Speaker of the Senate. AN ACT declaring the assent of the State of Ohio to the provisions ant conditions of an Act of Congress. Sec. 1. Be it enacted by the General Assembly of the State. of Ohio, That the assent of the State of Ohio be, and the same is hereby expressed, and declared to be given, to the several provisions and conditions of an Act of the Congress. of the United States, approved twenty-fourth May, eighteen hundred and twenty-eight, and entitled "An Act to aid the. State of Ohio in extending the Miami Canal from Dayton to Lake Erie, and to grant a quantity of land to said State, to aid in the construction of the Canals authorized by law; and for making donations of land to certain persons in Arkansas Territory." EDWARD KING, Speaker of the House of Representatives, December 22, 1828. Speaker of the Senate. AN ACT for the appointment of a Commissioner of the Canal Fund, Sec. 1. Be it enacted by the General Assembly of the State of Ohio, That Ethan A. Brown be, and he is hereby appointed a Commissioner of the Canal Fund, to fill the vacancy occasioned by the expiration of his term of service, who shall hold his office, for the term of six years, from and after the fourth day of February next, and until his successor shall be appointed and qualified. EDWARD KING, January 28, 1829. Speaker of the Senate. AN ACT authorizing County Commissioners to grant reviews, and change the direction of State Roads, within their respective counties, in certain cases. a thorized Sec. 1. Be it enacted by the General Assembly of the State Alteration's of Ohio, That it shall be lawful for the Board of Commis- may be at sioners of any county, within this State, to authorize change in the direction or route of any State Road, or part of a State Road, that has been or may hereafter be located and established within their respective counties. commr's Sec. 2. That the application for such change or altera- Application tion shall be by petition to the County Commissioners, signed to be by petiby at least twenty freeholders, residing in the county where lion to cou ty such change is proposed to be made; and which petition shall particularly specify the alterations intended to be made: and said petition may be filed with the said Commis- Proceedings sioners at any one of the regular sessions of their Board, as thereon required by law: and at the time of presenting said petition, the signers, (or some one thereof) shall enter into bond with two or more good and sufficient freehold securities, to be approved of by said Commissioners, and made payable to the State of Ohio, conditioned for the payment of all expenses whatsoever, accruing in any manner under this act, in case, upon final hearing, the alteration prayed for should not be granted; and, also, that in case the alteration, as prayed for, should, upon final hearing, be granted, the petitioners shall, within one year thereafter, cause the part or parts, so adopted in place of the old route, to be made in all respects as good as: he old route was at the time of such change: and upon receiving such petition and bond, the Commissioners shall appoint a day on which they will attend at their office for the purpose of hearing remonstrances, and of granting an Remonstran order for a review; which time shall not be more than ninety, ces may be nor less than forty days from the filing of the aforesaid peti-heard given Notice to be tion and bond; and the said petitioners shall cause a notice to be given of the filing of said petition, and of the substance thereon, by publication in some newspaper, of most general circulation in said county, and also by setting up a copy or copies of said notice, in the township or townships in which such change is proposed to be made; which notice shall be set up, as well as published as aforesaid, at least thirty days before the time xed upon by said Commissioners for hear ing remonstrances, as hereinbeiore mentioned. Remonstra tors may atten and pro duce testimony Comm❜rs may or may not Sec. 3. That at the time fixed upon, as is provided for in the foregoing section, it shall be lawful for any person or persons having any objections to an alteration of said road, to present his or their remonstrances, in writing, against the same, as also to attend in person, with his or their testimony, which the Commissioners are hereby aut orized to hear and examine; and thereupon the Commissioners shall, as they in their discretion may judge for the public good, grant or regrant review fuse a review of so much of the old road as is prayed to be altered, or of the route, or part thereof, intended to be chanCom'rs to ap- ged, as described in said petition: and in case the said Compoint viewers, missioners shall decide that a review shall be had, they shall appoint three disinterested freeholders, residing in said county, but not in any township through which said road, or the intended route, shall be situate, or to which it shall lead, to review said road, or part thereof, mentioned in the said Surveyor to petition: and it shall be the duty of the said Reviewers to embe appointed ploy a skilful Surveyor, Chain Carriers and Marker, who, with the Reviewers and Commissioners, shall, in the dis charge of their several duties, be governed by the provisions of the "Act for opening and regulating Roads and Highways," passed February twenty-sixth, eighteen hundred and twenty-four. &c Viewers to re Sec. 4. That if, in the opinion of said Reviewers, a port to com'rs change in the direction of the said road may be advantageously made, the Commissioners may, in their discretion, authorize and direct such change to be made; and it is hereby Alteration to be recorded made their duty, if they authorize and direct such change to be made, to cause the plat and survey of such variation from the original route, to be recorded in the manner pointed out in the before recited act: and in case any person or persons Damages how shall consider him, her or themselves aggrieved by the alteration, or new location of any road under the provisions of this act, such claim or claims for damages may be presented, and shall be assessed and paid in the manner prescribed by the sixth section of the "Act for opening and regulating. Roads and Highways." recovered No change to Sec. 5. That no change shall be made in the direction be made at a of a State Road, where it crosses the line between two councounty line ties, unless by mutual agreement in the report of the Reviewers appointed by the Commissioners of each county, except by Consent and by the concurrence of the Commissioners of both coun: ties; in which last case, the plat and survey of the variation from the original route shall be recorded in both counties. vacated Sec. 6. That whenever a change shall be made in any When change State Road, agreeably to the provisions of this act, so much made, the old of the old road as lies between the points of intersection of route to be the new and old road, shall be, by the Commissioners of the county in which such change is made, declared vacated, whenever in their opinion it may be expedient, after the end of one year from the acceptance of, and agreement to, the report of the Reviewers, as hereinbefore provided. Court Sec. 7. That on the report of the Reviewers, as specified in Appeal a this act, and the final decision of the Commissioners there-lowed to upon, as hereinbefore provided, any person or persons aggrieved by such decision, shall have the right to appeal the Pame to the Court of Common Pleas of the proper county; which appeal shall be prosecuted in the manner, and be subject to the same regulations, as directed in the eighth sec- thereon tion of the "Act for opening and regulating Roads and Highways." Proceedings year. Sec. 8. That if, at the end of one year from the final de- Petitioners to cision of the Commissioners in favor of a change of the loca- open the new tion of any road, or part thereof, in their courty; and if an oute in one appeal shall have been taken from such final decision, and on trial such decision confirmed, in both counties, if such appeal have been taken in both; then, if at the end of one year from the judgment on such appeal, the petitioners shall not have caused such new route to be opened and put in as good order, for the public use and benefit, as the old route was at the time of such alteration, the Commissioners shall forthwith institute a suit upon the bond by them taken, as provided for in the second section of this act; and the sum Penalty for for which the Court is hereby authorized to render judg- neglect ment, shall be such amount as from proof may be adjudged necessary to make said road, so adopted in the place of the old, equally good, for the purposes of travel, with the old route, at the time of the alteration aforesaid; which amount, so recovered upon the bond aforesaid, shall be expended by the said Commissioners in constructing and improving such new route. Sec. 9. That all prosecutions, upon bonds required by Bonds how this act to be taken, shall be in the name of the State of prosecuted Ohio, for the use of the county in which the same was taken; and one recovery shall not bar further proceedings on the same, for breaches accruing after the first recovery; but for such accruing breaches, a scire facias shall issue, setting forth the former recovery and the subsequent breaches. .Sec. 10. That all acts, and parts of acts, inconsistent with the provisions of this act, be, and the same are hereby repealed. EDWARD KING, Speaker of the House of Representatives. February 2, 1829. Speaker of the Senate AN ACT declaring the assent of the State of Ohio to the provisions of an Act, entitled “A supplement to an Act, entitled 'An Act to incorporate the Pennsylvania and Ohio Canal Company. Sec. 1. Be it enacted by the General Assembly of the State of Chio, That the full and entire assert of this State be, and the same is hereby given, to all the provisions mentioned and contained in an act of the Legislature of the Commonwealth of Pennsylvania, passed the seventh day of February, in the year of our Lord, eighteen hundred and twenty-eight, entitled "A supplement to an Act, entitled 'An Act to incorporate the Pennsylvania and Ohio Canal Company;" and the same is hereby adopted, ratified and confirmed, and enacted into a law of this State, and all and each of the provisions thereof, as fully and effectually as if the same were enacted, paragraph by paragraph, and section by section, so far as the same can apply to this State. February 2, 1829. EDWARD KING, Speaker of the Senate. Improved land not to sell for less than two AN ACT to amend the act, entitled "An Act to provide for the partition of real estate." Sec. 1. Be it enacted by the General Assembly of the State of Ohio, That in all cases of partition, in which the Courts of Common Pleas, or the Supreme Court, for any county, shall thirds, nor un order the sale of any real estate, pursuant to the provisions improved for of the sixth section of the act of which this is an amendment; less than one- the same, if improved, shall not, in the first instance, be sold for less than two-thirds, or, if unimproved, at less than oneProviso as to half the appraised value thereof: Provided, That after the Jand once of same shall have been once offered, and not sold, at such profered and no portion or proportions of the appraisement, it shall be com half sold petent for the Court, which shall have ordered such sale, at their discretion, (if satisfied that such real estate cannot be |