Fremont journal. [volume] (Fremont, Sandusky County [Ohio]) 1853-1866, 1853-02-19

UNllE1I1I1l1HfHlII11 n
pablis 10 esuse the expenses incurred and
kamages assessed in the probate court 10 be
paid By ths oeuuty, they may refuse 10 estab-
tsh che gaHs. unless the parties interested in
ihel ooation Of said road shall pay. or cause to
paid before opening Of said road, TO the salts
faetion OF the county commissioners in case
said road ID established rs a highway, all ex-
penses incurred aud damages assessed: Pro-
vidsd, however, that il shall be lawful for the
commissioners IL in their opinion part only
Of said road will be Of public utility, to record
and establish such useful part and reject the
residue in case It be capable Of division.
5Rc. rs. That 10 case such expenses and
damages are paid, or secured TO be paid, as
aforesaid. or the commissioners direct the same
TO be paid by the county, then and in either
esse, they shall enter an order that said road
be established public highway.
SRc. 26. That for their services required
BY the twenty second. twenty third, and TWEEN
ty-fourth sections Of this act the officers and
other persons required to perform services
shall each be entitled to the same fees as they
are entitled to by Law for like services in 9TH
or cases, the Auditors to be paid out Of the
county treasury and the Judge and others en-
titled to fees to be taxed in the bill Of costs in
the cause in court
SEC. ~. That when any state or county
road may be injured or destroyed by the wash
ing Of any lake, river. or creek, it shall be the
duty Of the trustees of the
township in which such injury or loss Of road
shall have occurred, upon petition Of any six
freeholders of the township. to call to aid a
competent surveyor. and proceed to examine
such road, as may have been thus injured or
destroyed; and if upon such examination, said
trustees, or a majority Of them, shall be Sati1-
fed that such road has been destroyed. or 50
much injured that the public good requires an
alteration Of the same. they shall proceed to
alter and lay out so much Of the new road as
lnsy supply the several parts Of the road thus
destroyed or injured: Provided. that if any
person or persons, through whose lands any
such alteration or new road shall be laid out
shall feel injured thereby, such person or per-
sons shall make application to the trustees. at
the time of making the alteration on his or
their premises to assess and determine, accor-
ding to the provisions Of the fourth section of
this act, the compensation TO be made in mon
sy for the property sought to be- appropriat-
ed; how much less valuable if any, the prem
isss will be rendered by the alteration of said
road; and the said trus ees and surveyor shall
make report Of their doings in the manner
pointed cut as the duty Of the viewers and
surveyor in case Of new roads, and the audit
or and commissioners of the proper county
shall be governed in the reception and recor-
ding Of said report, in all respects, as is pre-
scribed in this act in cases of new roads.
SEC. 2S. That the surveyors and trustees
shall receive for each day they are necessari-
ly employed under the provisions of the TWEEN
ay-seventh section of this act, the same com.
pensstion allowed TO surveyors and viewers in
case Of new roads, the surveyor to be paid out
Of the county treasury, on the order of the
county auditor; and the trustees out Of the
township treasury on the order Of the town.
ship clerk.
SEC. 80. That any county road, or part
tL>seof, which has heretofore, or may hereaf-
ter be authorized, which shall remain unopen-
ed for public use for the space of seven years
after the order made or the authority granted
for opening the same, or the part thereof re-
Gaining unopened, shall be, and the same is
hereby vacated, and the authority granted for
erecting the same barred by the lapse of time,
and any State road. or part of any State road
which has heretofore been authorized. which
shall remain unopened for public use for the
space OF ten years after the passage of the
act authorizing the same, shall be vacated
and the authority for opening repealed fol
hon-uaer.
TOWNSHIP ROADS.
SIC. 30. That if any person or persons
shall, for the convenience OF themselves and
neighbors. wish to have township road laid
out, from the plantation or dwelling place o.
any person or persons; or from any mill, ol
house Of public worship; or to any public road
or from one public road to intersect another
il shall be lawful for su ch person or persons tc
petition the trustees of the proper township
for the same. after giving thirty days previou.
notice thereof, by advertisement posted up at
three public places within said township. set
ting forth in said advertisement the time wher
such petition is to be presented, the place o
beginning, intermediate points. if any. anC
place Of termination of said road.
Bee. 81. That on such petition being present
cd 70 the trustees, and they being satisfied
tuht proper uOtlC6 mas DccD RNclII dS azure
said. they shall cause the petitioner or peti
sioners to enter into bond. with sufficient Sc
curity, payable to the Stats Of Ohio for thu
use Of the township. and conditioned that th'
person or persons making such application, ,shal
pay the amount of all costs and expenses 0
She view aud survey of said road; and the pc
iition shall be read in open meeting of Sale
trustees: and they being satisfied that sucl
proposed is necessary. they shall appoint thre'
iudicious, disinterested landholders Of th,
township, who shall constitute jury. and I
surveyor. who shall, after taking the oath O
affirmation required by the sixth section 0
this act, take to their assistance two chain car
Iiers. and marker. and proceed, Mt the tim'
directed By the trustees. or within three days
thereafter, TO view the ground along which
said road is proposed to be established, anC
locate the same as near the prayer Of the pc
titioner or petitioners, as . good road can b.
had at . reasonable expense; and determine
according to the provisions Of section four, o.
this act. lhe compensation which shall be paic
to tia owner or owners of the band tbfouyl