Fremont journal. [volume] (Fremont, Sandusky County [Ohio]) 1853-1866, 1853-05-28

The appellant or appellants shall, within ten
days thereafter, enter into band with gnod
and sufficient security. to be approved by the
county auditor, for the payments Of all costs
and expenses, arising from, or in consequence
of such appeal and the appellant shall within
1--WE days II sreafter, deliver to the probate
judge, transcript, Of the proceedings had be
fore the commissioners, and upon the recep.
sien OF the said transcript, the Judge shall i'm
tBediatey issue writ Of summons upon such
transcript against the obiigatars in the bond
filed under the fourth section Of this act which
writ shall be served and returned as other
writs ef like chr ,cter an in such suits the
appellant shall be plaintiff and the said obi
gators defendants, and upon the return Of SER
vice of such writ the julse shalliss ue venire
for jury Of six disinterested freehclders Of
the county, who, after taken an oath or afiir-
nation, fFifhfully and impartally to discharge
he duties Of their appointment, shall proceed,
tn the day named in said vonire, TO view and
determine the matter complained o:; and with
dut delay deliver their decision, in writing, TO
ohe probate Judge who shall enter the same
;op recr with the former o,,eding; and
certify the decision obtained in said court TO
the county auditor, and the desision, m ,de
and entered on record shall be final, except
as hereinafter provided.
Sec l3. That in all cases Of appeal from
the final decision Of the county commissioners
rs provided in the twelfth section Of this act,
the appellant or appellants shall pay all costs
that may accrue in consequence of said appeal,
unless the award rendered by the Jury ap-
pointed by the probate Judge shall exceed 10
fko ar.or1 raoI,rnI h,t he,
pointed by the county Commissioners.
Sec Is. That if upon the reception Of the
decision obtained in the probate court the
county commissioners shall not deem such
road Of sufficient importance to casue the cx-
penses incurred and damages assessed in the
probate court, to be paid by the county, they
may refuse TO establish the same, unless the
parties interested in the location of said road
shall pay or cause to be paid, before the open
lug OF said road to the satisfaction of the
county commissioners, in case said road is es-
tablished highway, all expenses incurred
and damages assessed provided. however, it
shall be lawful for the commissioners, if in
their opinion part only Of said road will be
Of public utility, to record and established
such useful part, and reject the residue, in
case it be capable Of divisions.
Sec. Is. That in case such expense and
damages are paid or secured to be paid as
aforesaid, or the commissioners direct the same
80 be paid by the county, then and in either
case. they shall enter an order that said road
be established public highway.
Sec l6 That for their services required
by the twelfth and thirteenth 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 other cases the auditors to be
paid out Of the county treasury, and the Judge
and others entitled to fees, 20 be taxed in the
bill of costs in the cause in court
Sec. II, That it shall be lawful for the
county commissioners, of any county in this
state, upon notice given in some newspaper in
general circulation in the county, for four con-
secutiye weeks, and on petition heing presen-
ted TO them, signed by at least twelve frcehol-
ders of the county, f. lesscnug or reducing
the width Of any state road which now is or
may hereafter be laid out and established, il
the commissioners shall deem it jns. and prop
er so to do, to reduce the width Of any such
road or any part thereof, 10 my width not
lees than forty feet, and shall order the county
auditor to make record of the same; Pro-
videl, thai the commissioners shall, previous
10 making any order for the essening or re-
ducing the width Of any state road, as proyi-
ded for by this section, appiont three dsinter-
rsted citizens Of the county, to view and re-
port to them under oath or affirmation, as to
the utility or inutility of such proposed change,
and also the width which in their oppinion
would be necessary.
Sec. ls. That an act entitled "an act de-
fining the mode of laying out and establishing
state roads, and changing their direction in
certain cases." passed March l4th, 1891; an
act entitl ed =" an act TO amend an act entitled
can act defining the moda Of laying out and
establishing state roads, and changing their
direction in certain cases." passed March s.
1888; an act eutitled "an act to amend an
act defining the mode OF laying out and estab
fishing stale roads, and changing their direction
in certain cases." passed March 20. 1881; an
act entitled "an act to authorize county COM
misioners in this state to let out and estab-
lish state roads," passed February, %.
S46, beand the same are hereby repealed
Provided, however, the repeal of said acts
shall not affect any act done, or any right or
liability accruing or accrued. or any suit mat
ter or proceeding had or commenced under
the provisions of said acts
JAMES G.. JOHNSON,
Speaker Of the House Of Repr's
WILLIAM MEDILL.
President uf the Senate
March II, 1858.
ArnTroR's OPrtcp