252 LAWS RELATING TO AGRICULTURE. 



tion, and that the same will stand for hearing upon some day fixed by 

 the court, and requiring all persons interested to appear on said day 

 and show cause, if any they have, why said application should not be 

 granted, and shall also cause a copy of said publication to be served 

 at each house which is occupied on the premises abutting on said road 

 or roads, upon any person dwelling therein, and upon the owner of each 

 lot or tract of land abutting on said road or roads, or his agent, if the 

 same be found in said county, at least one week before the day fixed 

 for such hearing. Upon the day fixed for said hearing, and upon such 

 days thereafter as said court by entry on its journal may direct, said 

 court shall proceed to hear and determine whether the papers produced 

 before it or any of them, are accurate or substantial copies of said records 

 fairly and honestly made, in considering which it shall hear any evidence 

 which in its judgment throws light upon the question without regard to 

 the ordinary rules of evidence ; and if, and as often as, said court shall 

 find any of said papers to be accurate or substantial copies of such rec- 

 ords, it shall so enter upon its journal and direct transcripts of such 

 copies to be made by such persons as it may select. As often as any of 

 said transcripts shall be completed to the satisfaction of the court, an 

 entry of that fact shall be made upon its journal and thereupon the clerk 

 shall certify upon such transcripts that they have been approved by the 

 court, and shall deliver them to the commissioners of said county, and 

 thereafter said transcripts so certified shall prima facie have the same 

 force and effect as the originals from which said copies were made. The 

 costs of making said transcripts shall be fixed and allowed by the court, 

 other costs under this and the following sections shall be the same as 

 now fixed by law for similar services, and all -costs for restoring such 

 lost road records shall be paid by the county, except as hereinafter pro- 

 vided. 



SEC. 49356. [Proceeding when copies of records, etc., are in ex- 

 istence.] Upon its appearing to the court at any time after the filing 

 of said application and before the final determination thereof that any 

 person has in his possession or under his control papers purporting to 

 be copies of said record, or the originals from which the same were made 

 and refuses to produce the same to the court, the said court shall issue 

 a rule requiring such person to show cause why he does not produce such 

 papers and enforce the same by proceedings' for contempt as in other 

 cases, and in case the production of such papers is ordered by the court, 

 the party ordered to produce the same shall pay all the costs under this 

 section. 



SEC. 4935C. [County roads.] As to all county roads whose 

 records have been lost or destroyed as aforesaid, and are not reproduced 

 under the foregoing sections, prima facie the center of the road as now 

 fenced shall be taken as the true center, and prima facie the width of the 

 said road shall be sixty feet. 



(4935- 1 ) [Conditions upon which mine and quarry operators 

 permitted to undermine or cross public roads.] An act entitled "An 

 act to permit mine, quarry operators to cross roads," passed February 17, 

 1893, be amended so as to read as follows: That any individual, part- 

 nership or corporation in Ohio, who may now or hereafter own any land 

 or any interest either in fee or otherwise, containing any coal, clay or 

 stone, and over any portion of which shall pass any state, county or 

 township road or public highway, with the consent of the board of county 



