Gallipolis journal. [volume] (Gallipolis, Ohio) 1837-1919, 1851-05-01
AN ACT
Further to amend the "aet for opening ant
regulating road and highways.

Further to amend the "aet for opening and
regulating road and highways.
SEC. /. Be il e,aeied By gte General .assei7,.
6B q Ne State Of Ohio, That so far as the
duties Of assessofs Of damages, as provided for
IN the sixth section Of the act to which this il
an amendment, in cases Of laying out or alter.
ing anysfate or county road be and the same
are hereby superseded, and the viewers Of any
road provided for under the third section Of
the act to which this is an amendment, shall,
IN addition to their duties as viewers, also at
the same time assess and determine the DANA
ges sustained by any person. through whose
premises any r0ad is proposed TO be established.
In all respects as required BY the sixth section
OF the act to which this ism amendment: and
such viewers shall, in ADDITION TO their re port
as viewers, also at the same time return such
assessment OF damages, and perform the same
duties required Of such appraiser; pesyided,
that such viewers shall aSsesr daDages, il any
arise under the provisions Of the sixth section
OF said act, whether auy dalm for damages in
made or not.
Sec. That al appeals 10 the court Of
common pleas undec the seventeenth section Of
the act to which this . an amendment, be and
the same are hereby superseded. and that when
notice shall be given, and bond filed for an ap-
peal, as required by said section, the appellant
shall, within ten days thereafter, file trnns-
cript Of the proceedings before the commission
ersrwith anyjuStice Of the peace Of the town.
ship in which the premises claimed to be dam
aged sre situated, in whole or in part.
Sec. 3. That such Justice shall issue a
writ Of summons upon such transcript. against
the obligors in the bond filed under The six
teenth section Of the act to which this is an
,rI h. ,rfr L.
thereof, which writ shall be served and returned
as other writs Of like character; and in such
suits the appellant shall be plaintiff. and the
said Obligors defendants.
Sec. 4. That upon a return Of service upon
such writ, the Justice shall issue venire for a
Jury Of six disinterested citizens Of the county,
and the same proceedings shall be had thereon
that are now, or may be hereafter provided, in
cases Of Jury trials before justices Of the peace,
BY the act Of February IA, 1910, and the vari-
Gus acts amendatory thereof; provided that
such lust &c and Jury shall examine personally
the line of the proposed road. where il passes
through the premises 10 eontrosersy; and pro-
yided further, that the decision Of such justice
and jury shall be final, unless removed TO ihs
court Of common pleas by eertiorari, as IN 9TH
er cases.
Sec. 5. 1t shall be lawful for the county
commissionerss III IN tnelf oPinlon Paa'o my
Of said road VIII be Of public utility, 10 record
and establish such useful part and reject the
residue, in case it be capable Of division.
Sec. That all laws and parts OF laws in-
consistent or conflicting with the provisions Of
this act. be, and the same are hereby repealed.
JOHN p. MORSE,
Speaker Of the House Of Representatives..
CHARLES c. coNvERs, s-
Speaker Of the Senate.
March 25. 1851. sE -