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

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cation of such road. shall enter ipto band
withtwo or more frseboldess 10 said oouniy,
as securities, 10 tho satisfaction Of the, county
commissioners, payable 10 the State VI Ohio
and conditioned for the payment II al ex.
penses which may accrue in the location Of
said road, in case the same should not be ss-
tablished public highway. st
Sec s That on fling petition and bond.
agreeably to the provisions Of the third and
fourth sections Of this aet, v hich shall beat
the same meeting Of the commissioners Of al
the counties interested 10 the location OF she
road, the commissioners shall issue their OF
der, directing the commissioners, BY them sP
pointed, to meet at the place of beginning 81
of said road, on the FIRST Wednesday q the
month. then next ensuing. and the commits
sioncrs when met as before direct d, shall
employ skillful surveyor chain,carriers,
marker and other assistants, i necesssry,aui
proceed 10 the discharge Of the duties Of their
appointments respectively; Provided, that
each commissioner, surveyor end cbai1.gsrri-
er, shall. before entering upon the .dtiies uf
bis appointment, take an oath, or a.Hrnution,
to discharge his duties faithfully and sceord
ing to law. tai
Sec 6, Tn at each state road shall be laid
out from the place of beginning 10 the place
of termination ON the mos. direct route that
sutableground can be found, whetson tu es.
tablish the same. always having regard TO tho
intermediate points. il any. in such road and
all state roads that shall be hereafter sstAb.
lished agreebly to the provisions of this act.
shall be opened and considered public high.
way sixty feet wide. ...1
Sec. z. That the commissioners, appoint
ed to lay out and establish any tate road. shall
cause the same TO be correctly surveyed and
mark d throughout the whole distance of the
same, and note the cours, and distances
| thereof and at the end Of each mile, shall
mark the number thereof, on tree or monu-
ment, erected by them. for that purpose
And the commissioners and surveyor OF each
road shall make a certified return of the sur
vey, and plat of the whole length Of said ruad.
specifying, in said return, the distance the
same may have been laid out in each county,
and whether, in their opinion, the public con-
venience requires the establishment Of said
road. One complete copy of which return
shall be signed majority Of the commission
crs and surveyor, and Immediately be depcs-
utu III tut COlDHlISSiOutI olllCt III eucn COubl~
) ty in which any part of said road shall be laid
out; and the auditor Of the said county shall
| file the same in his Office.
Sec. 8. That in case the commissioners
report in favor of the establishment OF such
road, the county commissioners of the respect
i've counties shall, at their next session after
the filing Of said report, order the auditor ~
cause notice thereof to be published in me
newspaperin general circulation in said coun-
ty, for four consecutive weeks b, fore the next
meeting of the board, notifying all parties IN
terested in the establishment OF the same, ,ihat
the commissioners Of the said counties would
hear the parties in favor of or against the es-
Enlistment Of said road. and the application
for damages of any person on the account Of
the location of said road through his, her or
their lands: provided, that all persons who do
not make application for damages at the next
regular session Of the commissioners, after the
publications of said notice, shall be considered
and held to have released all their claim 10
damages by reason ofthe location of said road;
provided further, that il their be any lands.
the owners of which have not granted the
right Of way, nor filed their application for
damages with the county commissioners, the
whole case shall be continued to the next reg
ular session of the commissioners, and they
shall again order the auditor TO cause notice
to such owners and all other persons interest
ed, to be published in some newspaper in
general circulation in the county for four con-
secutive weeks, before their next meeting
that they will at such meeting hear all appli-
cations for damages.
Sec. o. That if any person or persons shall
consider themselves agsrieved BY the losaion
of said road through his, her or their premis-
es, such person OF persons shall file peti-
ton in writing setting forth the premises, OH
Which they claim damages, with the comnis-
sioners OF the proper courty at their next reg
ular session after the publication of lhe notice
provided for in the preceding section; and
said commissioners shall appoint a jury Of
; three disnterested freeholdeIs OF the county,
whose duty it shall be, after having taken an
oath or Animation 10 faithfully and impartially
discharge the duties imposed upon them by
this act, to proceed 10 view the said road the
entire distance the same miy have been loca
ted through the premises uf the complainant
or com plants, and of minors, idiots. una:ics
or insa ne persons, Eere the same are known
and to ass SIS the conpe lsalio, 10 be aid
IN money for the property sought to be appro
priated, without deduction for benefits arising
from the ucation of said road provided, how
ever, that il shal! be lawful for the petitioner
for such road, or any one of them, to obtain
a REIMBURSEMENT of damages and right Of way
, from any person or persons through whose
land said road may be located.
See. TO- That If the commi sioners shall
: be satisfied that the amount SO assessed and
determined by the jury aforesaid. be just and
:. equitable, and that said rod. or any part
!, thereof, will, in their opinion, be uf suthcien
i Importance 10 she public to cause the dana
j ges to be paid by the county, they shall order
+ the same 10 be paid the petitioner from the
;, county treasury; but il in their opinion til.
said road is not Of sufficient Importance to the
: public, to case the same 10 be paid by the
: county. they may refuse 10 establish the same
pubic highway; unless the damages and
exuvnScs are, maid hN The untititners Rnt 4