The Democratic sentinel. [volume] (Cadiz, Ohio) 1852-1853, 1853-02-09

satisfactory excuse Tor such refusal or neg-
I,e, he shall BE- fined in any. sum-. notvx
eveding tive dollars, 20 be recovered BY nc
6oa Of debt by any person. suing for the
same, befors any Justice Of the Peace. with.
IN the township, Wherein the person SO ap-
pointed, and refusing or neglecung, may re-
side; and shall be paid o'er without delay,
by the Justice Of the Peace, or Constable
collecting the same. to the Treasurer VI the
t~oSnship, taking his receipt therefore. And
the trustees shall cause all fines which shNi,
be paid into the tow Rship treasury, under
the provisions OF this act. to be expended on
loads and bridges within their townships.
Exc. IL That all persons, required 10
render services under this act shall re.
Csive compensation for each day they shall
necessarily be employed, as follows, 10 Wit:
viewers and reviewers one dollar and fifty
cents; chain carriers and markers, one dollar,
each; and surveyor two dollars; TO be charg-
ed Us costs and expenses, and paid nut Of
the county treasury, on Gbe order OF the
county Auditor,
SEC. 10. That IN appeal from the iEui
decision OF the commissioners fora new coun-
ty road, or for vacatjng, aiesrlng orreviewlng
any State or county road, shall DC allowed
to the court OF common pleas; provided, that
notice Of such aprea! be given by the aP-
pellant or appellants during the same ses-
sion of the commissioners at which said Dc
cision was made; and the appellant shall,
within fifteen days thereafter, enterinto bond
with good and sufficient security, 10 be APP
proved by the county auditor, for the pay
nent Of all costs and expenses arising from
such appeal; Provided. that miners, idiots d
l~unatics, or their guardians, may appeal
without giving bond; and the court Of com
mon pleas may, if in their opinion justice and
the interest OF the public require the same,
order another view or review of such road
or make any other order which they may
deem just and reasonable in the case; and
the decision of the count of common pleas,
in the case removed before them by such ap-
peal, shall be final and no final order shall
issue in any Of the cases aforesaid, until after
fifteen days shall have expired from the
time of making such decision, at which time
the auditor shall issue such order, unless al
appeal has been perfected agreeably to the
provisions ofthis section.
SEC. 10. That no writ of c~ertiorti shall
be allowed 10 remove any proceeding had
under this act after the lapse Of one year
from the time Of making the final order in
such proceeding by the county commission
erS.
SEC. 90. That the decision Of the court Of
common pleas, on petitions for roads. taken
into said court by appeal, as provided Tor
in the eighteenth section Of this act, toseth-
er with a plat, sur, ey, or pertinent descllp-
ton of the road as established by said court.
shall be certified back 10 the county auditor,
and be by him recorded in his record oil
roads, and ordered to be opened as in other
cases.
SEC. 81. That Iof their services required
Ivy this act, the auditor and the officers OF
the court shall each be entitled TO the same
fees as they are Untitled to by law for ike ser
vices in Other eases; the auditors to be paid
out of the county treasury. and the officers
fees Of the court TO be taxed III the bill Of
costs in the cause in court.
SEC. 90. That an appeal from the final
deci ion Of the county commissioners, for
damages sustained; on the petition for any
new county road, or for altering any State
or county road, as provided for by this act,
shall be allowed 10 the probate court; pro
vided, that notice shall be given and bond
filed agreeabIy to the eighteenth section oI
this act; and the appellant shall within ten
days thereafter, file II transcript OF the pro
ceedings had before the commissioners, with
probate Judge, who shall Immediately issue
a writ OF summons upon such transcript, a
gainst the obligors in the bond filed under
the second section OF this act, which wit shall
be served and returned as other writs Of like
character: and in such suits the appellant
shall be plaintiff, and the said obligors de
PENDANTS.
SEC. %. Thai upon return Of service o
such writ, the Judge shall issue a venire fol
a Jury of six disinlerested citizens Of tn,
county, who, after having been sworn faith
fully 10 discharge the duties of their appoint
ment, shall proceed on a day to be named
in said venire, to examine personally the lint
Of the proposed road, whercitpasses through
the premises in controversy and return thel
decision, i'll writing, to the Probate Court
and the Judge shall enter the same in III
record with the former proceedings, and thu
decision made and entered or record as a
foresaid. shall be final, cXc.pt as hereinafte
provided.
SEC. "a. That the decision obtained il
the probate court, as provided for by tn
twenty-secund and twenty-third sections O
this act, shall be certified back to the count,
auditor, and if the county commissioner
shall not deem such road OF Insufficient import
ance to the public to cause the expenses in
Cured and damages assessed in the probat
court to be paid by the county, they ma.
refuse to establish the same, unless the par
ties interested in the location of said road
shall pay, or cause TO be paid before tn
opening Of said road, to the satisfaction Q
the county commissioners, in case said roa'
is established as a highway. all expense
incurred and damagesassessed: Provided
however, that it shall De lawful for the com
missioners, if in their opinion a par: OIL
of said road will be Of public utility, to re
cord and establish such useful part an
reject the residue, in case it be capable J
division.
SIC. 25. That 10 case such expenses an
damages are paid, or secured to be paid, r
Aforesaid, or the commissioners direct th'
same to be paid by the county, then, and ii
either case, they shall enter an order tina
said road be established a public highway
SEC. 26. That for their services required
by the twenty second, twenty third and 24tl
sections Of this act, the officers and orheI
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