The Kalida venture. [volume] (Kalida, Ohio) 1841-1865, 1853-02-18

or within five days thereafter, end ailcl
taking an oath or affirmation, faithfully
and inparially 10 discharge ,he duties Of
their appointments, respectively, shall
take TO their assistance two suitable per-
sens, as chain carriers, and one marker,
and proceed TO view, survey, and lay out,
or alter said road, as prayed for in the
petition, or us near the same as, in their
opinion, good road can be made, at a
reasonable expense, taking into conslde-
lion The utility, convenience, and incon-
venence and expenses which will result
TO individuals, as we'll as 10 the public, il
such road, or any part thereof shall be
established and opened, or altered: and
also as jury to discharge the duies re-
quircd of them by the fouith section oil
E,hi set. Aud The said viewers shall, in
ade,ion 10 their duties as viewers, also
at the same time assess and determine
the damages, sustained by any person or
persons through whose premises the said
road is proposed TO be established /;
Provided, that such viewers shall not be
required to assess or award damages or
compensation 10 any person or persons,
except minors. idiots or lunatics, in con
sequence of the opening Of said road,
unless the owner or owners, or their
agents, having notice, as provided Tor in
the foregoing section, of the application
and proceedings by which his, her, or
their property is sought 10 be appropriat'
ed, shall have fled a written application
with srid viewers, giving description Of
the prsmises, on which, by them, DANA
ges or compensation are claimed: Pro-
vidcd further, that all applications for
dana ges shall be barred, unless they be
presented as provided for by this act.
Sec. 7. That the surveyor shall survey
Ike said road under The direction Of the
viewers. and cause the same to be con-
spicuously marked throughout, noting
the courses and distances, and at The
end Of each nile, shall cause the number
OF the same, also the commencement and
termination Of said road or survey, 10 be
marked on Tree, or monument erected
for tha, purpose; he shall also make out
and deliver 10 one Of the viewers, with
ou, delay, correct certified return OF
the survey ofsaid road, and plat OF the
same; and the viewers shall make and
sign a report in writing, stating IIleir
opinon in favnr or ngainst the establish
men, or alteration of such road, or any
part thereof, and set forth the reasons of
the same, which report, together with
plat and survey Of said road or alteration,
shall be delivered to the county auditor,
By ore oc the levers, on or before the
first day OF the session oflhe commission
ers, then next enFuing. And il shall be
The duty Of the commissioners, on receiv-
ling the report Of The viewers aforesaid,
to cause The spme 10 be publicly read on
I'VE differen, days Of the same meeting,
and ifno legal objection shall be made
ITO ihem for renewing of said road, or any
part tbereof, or alteration, uhd they are
satisfied tia, such road, or any part
thereof, the same he capable of div!s-
ion, will be ofpablic utility, and the re-
port u the viewers being favorable ,heJe
TO, and that no damages have been claim
ed or assessed, they shHll, on ihe third
day or the session, cause said reports,
survey and platlo be recorded, end from
lhcnceforth said road shall be considered
a public highway, and the commissioners
shall issue their order 10 the proper su-
pervisor or supervisors, directing said
road to he opened; hut if the report Of
the said viewers be against such proposed
road or alteration, or if in the opinion Of
the commissioners, the same shall bo un-
necessary, then no further proceeding
shall be had thereon; and The obligor or
obligors, in the bond scouting the costs
and expenses, shall be liable for the full
amount OF such costs and expenses: pro
vided, that in all cases, where auy oath
or affirmation is required 10 be taken by
any person under the provisions OF this
act, the same may be Administered by the
surveyor or by one of the viewers, or re-
viewers who have previously been sworn
or affirmed themselves,
Sec. 8, That it shall be the duty OF
the reviewers aforesaid, al the same
time AT which they are required to make
Ihcir report Of view, to make separate
repo:, in writing, stating the amount of
damages, (f any) and TO whom, which
by them lave been assessed, which woald
accrue by the opening of said road; and
they sla l also file lIe written applicatil ms
on which such assessments have been
made, with the county auditor. And the
commissioners shall cause the said report
to be publicly read on The third day Of
The session at which il was received, and
il no petition for review or alienation
shall have been presented and received,
and the commissioners shall be satisfied
that the amount so assessed and deter
mined be just and equitable, and that the
said road will,i in their opinion, be suffi-
cent importance to the public 10 cause the
damages which have been assessed as
aforesaid, TO be paid by the county, they
oh III order the same to he maid IN thev