The Belmont chronicle, and farmers, mechanics and manufacturers advocate. [volume] (St. Clairsville, Ohio) 1848-1855, 1853-02-11

ages or compensation tc any person or per-
sons, except minors, idiots or lunatics, in
consequence Of the opening of said road, un.
less the owner or owners, or their agents
having notice, as provided for in the forego.
ing section, of the application and proceed
ings by which his, her, or their property il
sought to be appropriated, shall have filed q
written application with said viewers, giving
a description Of the premises, on which, by
them, damages or compensation are claimed
Provided further, that all applications TO,
damages shall be barred, unless they be pre-.
sented as provided for by this act.
| Sec. z. That the surveyor shall survey
the said road under the direction OF the view.
| ers, and cause the same to be conspiciously
| marked throughout, noting the courses and
| distances, and at the end of each mile shall
| cause the number of the same, and also the
commencement and termination of said road
or survey to besmarked on a tree, or monu-
ment erected for that purpose; shall also
make out and deliver to one of the viewers
without delay, correct certified return oI
the survey Of said road, and plat of the
same; and the viewers shall make and sign q
, report in writing, stating their opinion in fa-
vor of or against the establishment or altera-
ton OF such road, or any part thereof, and
set forth the reasons of the same, which re.
port, together with the plat and survey oil
said road or alteration, shall be delivered to
the county auditor, by one Of the viewers, OIL
or before the first day of the session of the
commissioners, then next ensuing. And i,
shall be the duty ofthe commissioners, on re-
ceiving the report of .he viewers aforesaid, to
cause the same to be publicly read on two df-
ferent days of the same meeting, and if no le-
gal objection shall be made to them for re-
view OF said road, or any part thereof, or alter
alton, and they are satisfied that such road, or
any part thereof, if the same be capable of d.
vision, will be of public utility, and the report
of the viewers being favorable thereto, and
that no damages have been claimed or asses
sed, they SHALL on the third day of the ses-
sion cause said reports, survey and plat to
be recorded, and from thenceforth said road
shall be considered public highway ,and the
commissioners shall issue their order to the
proper supervisor or supervisors, directing
said road to be opened; but if the report Of
the viewers be against such proposed road
or alteration. or il in the opinion of the COM
missioners, the same shall be unnecessary,
then no further proceeding shall be had
thereon; and the obligor or obligors, in the
bond securing the costs and expenses, shall
be liable for the full amount of such costs
and expenses: provided, that in all cases,
where any oath or affirmation is required to
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. s. That it shall be the duty of the
viewers aforesaid, at the same time at which
they are required to make their report of
view, to make a separate report, in writing,
stating the amount of damages, IIr any,) and
to whom, which by them have been asses. j.,
sed, which would accrue by the openi,uu of
said road; and they shall also file inc written
applications ON which sr.un assessments
have been made, witt. the county auditor
And the commissioners shall cause the said
report 10 ID publicly read on the third day of
'hr, Session at which it was received, and if
10 petition for review or alteration shall have
been presented and received, and the COM
missioncrs shall be satisfied that the amount
so assessed and determined be just and e.
quitable, and that the said road will, in their
opinion, be of sufficient Importance to the
public to cause the damages which have been
assessed as aforesaid, to be paddy the county,
they shall order the same to be paid to the ap-
plicant or applicants from the county treas,-
ry ;but if, in their opinion, the said road is not
of ientimportance to the public to cause
the sane to be paid by the county, they may
refuse to establish the same public highway
unless the damages which have been asses
sed are paid by the petitioners. But If ap-
plicaton, by petition, shall have been made
for review or alteration, :hen no further pro-
ceeding shall be had on the report till the
final determination of the commissioners on
the application for review or alteration.
Sec. 8. That after the viewers of any
county road shallhave made return in favor
OF the same, agreeably to the seventh sec
ton oft act, and before said return shall
be recorded, and the said road established, it
shall be lawful for any citizen of the county
to apply to the commissioners for n review
of said road by petition, agreeably to the
second section of this act, and the commits
sioners shall, OH such petition being presen-
ted, and they being satisfied the same is just
and reasonable, appoint five dsinterested
| freeholders OF the county to review said road,
and issue their order to said reviewers, ,direc-
| ting them to meet at time to be specified
| in such order, or within five days thereafter;
and the said petitioners for review, shall
cause at least six days notice to be given to
the principal petitioner for SAID road, of the
time and place of the meeting of said review
ers; and the said reviewers shall meet, after
having received the notice above required,
and after taking the oath or affirmation, re-
quired by the sixth section of this act, shall
proceed to examine the route surveyed for
said road by the former viewers, and make a
report, in writing, TO the commissioners, sta
ting their opinions in favor or against the es-
tablshment of said road, or any part thereof
and their reas ms for the same. And if the
report of the reviewers be in fa-
vor of said road, the same shall be es-
tabished, recorded and opened, agreea-
bly, to the provisions of this act, and
the person or persons bound for the same,
shall pay into the county treasury the amount
of the costs of such review; but if the report
be against the establishment ofsuch road no
further proceedings shall be had thereon be-
fore the commissioner, and the person exc
cutting the first bond shall pay into the
county treasury the costs and expenses ofthe
view, survey and review Of said road.
Sec. 10. That when the place of begin
ming, or true course of any State or county
ROAD shall be uncertain, by reason ofthc re-
moval OF any monument or marked tree, BY
a which such road was originally designated
or from any other cause, tho county com