Spirit of the times. [volume] (Ironton, Ohio) 1853-1858, 1853-02-15

which tboy nay dcsin upneces,Isss TO
keep open for public convenience; bu,
| il objections be made, in wrlting, agree.
abiy TO the second section ofthis act, the
commissioners shall appoint three disin.
terested persons to view said road, who
shall take the same oath or affirmation n
as required by tho sixth section of this
act, and proceed TO view tho road afore
said, and make n report Of their opinion
thereon, and the reasons for the same, 10
the commissioners; and II said reviewers
shall report in invor Of vacating said
road, or any part thereof, the commits.
sioners may, IL they shall deem 1t rca.
sonnblc and just, declare said road va.
Gated, agrecably to the repor, OF the view.
era. N
Sec. 10. That ifany person, who shall
be appointed by the county commission.
ers, as viewer, reviewer, or surveyor OF
any road, shall refuse or neglect to per.
form the duties required by this act,
without making satisfactory excuse for
such refusal or neglect, he sha | be fined
in any sum, not exceeding FIVE dollars,
TO be recovered by action Of debt. by
any person, suing for the same, before
any Justice Of the Peace, within the
township, wherein the person SO appoint.
ed, andselusing or ncglccting, may re.
side; and shall he paid over without de.
lay, by the Justice ofthc Peace, or Con.
stable collecting the same, to the Trea.
surcr Of the township, taking his receipt
therefor. And the trustees shall cause
all fines which shall be paid into the
township treasury, under the provisions
this act, TO be expended on roads and
bridges within their townships.
Sec. II. That all persons, required to
render services under this act shall re.
ccive compensation for each. day they
shall necessarily be employed, as fol.
lows, TO wit: viewers and reviewers, one
dollar and fifty cents; chain carriers and
mark crs, one dollar each; and surveyor
two dollars; TO be charged as costs and
expenses, and paid out Of the county
treasury, on the order Of the county Audi.
tor.
Sec. Is. That an appeal from the fin.
al decision of the commissioners for a
new county road, or for vacating, alter.
ing or reviewing any State or county
road, shall be allowed to the court Of
common pleas: provided, that notice oI
such appeal be given by the appellant OF
appellants during the same session oI
The commissioners at which said decis'
ion was made; and the appellant shall,
within fifteen days thereafter, enter into
band with good and sufficient security,
to be approved by the county auditor
for the payment Of all costs and cxpcn.
scs arising from such appeal: Provided
that minors, IDIOTS and luna,ics, or their
guardians, may appeal without giving
bond; and the court Of common 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
r they may deem ust and reasonable in
the case: and the decision of the court o
common pleas, in the case removed be-
fore them by such appeal, 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, unles.
an appeal has been perfected agreeably
to the provisions Of this section.
Sec. 10. That no writ Of ccrtiorar
shall be allowed to remove any proceed
ing had under this act after the lapse o
one year from the time of making tho
final order in such proceeding by tht
county commissioners.
Sec. 90. That the decision of the cour
of common pleas, on petitions for roads
taken into said court, by appeal. as pro
videI for in the eighteenth section OF thi:
act. together with plat, survey, or peril
ncnt description Of the road as estab
lished by said court, shall be ccrtiGet
4 back to the county auditor, and be b,
him recorded in his record of roads, ant
ordered to be opened as in other cases
Sec. 81. That for their services re
quircl by this. act, the auditor and tht
officers Of the court shall each be entitled
f 10 the same fees as they are entitled tt
by law for like services in other cases
the auditors to be paid out of the count,
treasury, and the officers fees of til,
court 10 be taxed in the bill of costs il
the cause in court.
Sec. %. That an appeal from the fin
, al decision of the county commissioners
for damages sustained, on the petition
for any new county road, or for alterin:
any State or county Toad, as provide,
for by this act, shall be allowed to tn,
probate court: provided, that notice
shall be given and bond filed agreeably
to the eighteenth section of this act; an,
, the appellant shall within ten day
2 thereafter, file transcript Of tho pro
cccdings had before the commissioners
with the probate judge, wEo shall i'm
meliately issue writ of summons upor
=. such transcript, against the obligors ir
the bond filed under the second section
+ OF this act, which writ shall be served
and returned as other writs Of like char
, acter; and in such suits the appelan
i, shall be plaintiff, and the said obligor
t defendants.
, Sec 23. That upon return of service
: Of such writ, the Judge shall issue We