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

onoh No"'''u'N Ju'yj oho puiNCyoiJ
who shall, after taking the oath or affirma.
ton required by the sixth section Of this
act, take TO theif assistance two chain car
riers, and marker, aud proceed, at the
time directed by The trustees, OF within
three days thereafter, 10 view The ground
along which said road is proposed 10 be
established, aud locate the same as near
the prayer of the petitioner or petitioners,
as good road can be had al a reasoria-'
BILE expense; and determine according
to the provisions of section four Of this
act, the compensation which shall be
paid 10 the owner or owners Of The laud
through which il is proposed to. establish
The same, and The amount of damages he,
she, or they may sustain.
Sec. 80 That the viewers shall make n renort In
writing to the trsteos setting forth their opinion, III
full for against the establishment of such, tsgether
with statement ofthe damages, ifany, assessed to-
each person. through whose LAM the road is proposed
to he established which report, together with return
and plat of the survey Of said road shall be doposi,bd
with the township clerk who shall notify the trustees
thereof wheroupon the trustees shall at their next
meeting said report TO be read, and II tile snno
be In favor OF establ ling said ROAD md the trustees
| deem ii reasonable and just they being satsfed TINT
the damages f any have been claimed and nsssssed,
have heeu paid secured TO be paid by the petitioner
petitioners the clerk Of the township shall enter th9
said report record. Aud the trustees shall issue
their order to the petitioner or petit toner's, any OF
Ehcn, to open said road thirty feet wide, and from
thenceforth the road shall b1 considered private
township road ect to he kept open and In repair,
ut the expense of the applicant or applicants for tho
same: Provided however, that any township road,
township road, leading or terminating In n county,
turnpike state road shall he opened and kept in re
pairb by the supervisor in whose district any such
| IN IN mad n IN
and shall he the duty Of the supervisor to cause
much OF the labor OF the persons iately interest
cd in such township roqd, to be applied to the open
ing keeping srch township road in repair, as hc
may deem ieasonahla, and the costs Of the view and
survey OF such road shall be paid out OF the township
treasury, hut II tho viewers shall report that the pray
or OF the petitioner petitioners is unreasonable and
ought not to be granted further proceeding shall 10
had thereon by said trustees and all costs accruing
under the provisions of this seclion shall be pad by
| the person persons making application for such
I road, except hs herein before provided.
Soc 80. Thut an appeal from the final decision
of the trustees of the township any petition or
port for road shall be allowed to the probate court,
and the court may order another view OF said road,
make any other order which may be Just and reasona
bic in the Provi ed the appellent shall enter
into bonds 10 the State of Ohio, for the use of the
township, In the ofone hundred donrs, with ons
OF more good and sufficient suretes to tile acceptance
of the township treasurer, within fifteen dnys from
the dnte of the decision of said trustees, conditioned
for the payment of all costs and expenses arising
from such appeal ii the road slull he established by
the proceeding had in the probate court, which appeul
| shall he entered with ha probate judge within six
days from the day ofthc filing OF the bond with tho
| township treasurer. And order shall issue for
opening any township road until fifteen days after
the same shall have been established at which timo
the clerk of the township may issue such order by di
rection OF tho trustees, unless appeal has been
perfected, agreenby TO the provisions OF THIS see.
tion.
Sec. "a. That the decision obtained in the pro.
hate court, provided for in the foregoing section,
shall lie certified back the township clerk, who shall
notify the trustees thereof whercnpon the trustees
shall dispos, of the case agrecnhy TO the order Of the
probate court, and the prnbae Judge shall he allowed
to tax tile same fees which by law allowed for
similar sarvi cs IN otner
SJc, 81. rhut whenever any township road shall
become useless, any one or more residents of the
township mav after giving the same notice required
in the tMrt"enth section ofti1 act petition the trust
ecs to vaeac the same mud If said trustees are sats'
fed that The proper notice has been given, md no in
justice will be done thereby, they shall, at their next
eguar meeting, declare the same vacated and give
notice thcreofto tho township clerk, who shall enter
tile Same records Of the township. ...
Se@. 80, That the trustees Of amy township In this
state he and they hereby authorized upon petition
for that purpose to alter change the direction of
any township rond in their respective townships, IN
such manner us shall he reasonable aud as the public
I convcdancc may require.
Sec 81. That upon application as alorc-
said for The alteration or change in any town
ship road the same proceedings shall be had
by and before such trustees IN all respects
o required by the thirteenth section of this
act.
Sec. 38. That the act entitled can act 70:
opening and regulating roads and hghwuys,'
passed March fourteenth, one thousand eight
hundred and thirty. one, the act entitled 'nu
act to amend the act, entitled IAN act Tor
opening and regulating roads and high
ways,'" passed March third, one thousand
eight eight hundred aud thirty five; the act
entitled "an act further to amend the act,
entitled 'an act for opening and regulating
roads and highways,'" f" passed February the
sixteenth. one thousand eight hundred and
thirty-nine, the act, entitled IAN act 10 amend
the act for opening and regulating roads and
highways" passed March fourteenth, one
thousand eight hundred and thirty-six. the
act, entitled ian act 10 amend an act entitled
san act for opening and regulating roads and
highways,'" " passed February fifteenth, one
thousand eight hund cd and forty. -four, tho
act, entitled ''an act further to amend the
'act for opening and regulating ronds and
highway 81 " passed March twenty fifth, ons
thousand eight hundred and fiity.on tho
eleventh and twelfth sections OF an act, en-
tiled, "an act prescribing the duties OF su.
pervisors, and relating to roads and high.
ways" passed M,rch twentieth, one thou
sand eight hundred and thirty-seven, the net,
entitled''an act amendatory OF an act, entitled
IAN act defining the mode of laying cut and
eS,anlisHlnS township loans, ." phSSeu hhtcn
eleventh, one thousand eight hundred and
thirty. one, also, OF a, act, entitled 'un act
for opening and regulating roads and high
ways,'" "passed February twenty. sixth, ono
thousand eigh hundred and thirty mine, the
act, entitled ''an act defining the mode Of
laying out and establishing township roads,"
passed March eleventh, one thousand eight
hundred and thrty-one, the act entitled can
act to amend IAN act prescribing the ducs of supers
sor, and reIationg to roads and highways, passed
January twenty ninth, one thousand eight hundred
and forty y,soven the passe March eleventh, one
thousand eight hundred and forty three. ertied IAN
act au hoize county commissioners In any county
In this State adjoining to or bounded by the States OF
| Pennsylvania, Michigan or Indiana. TO lay out and
establish county roads the line ofthis State thirty
feet in width" the net passed March twelfth, one
thousand eight hundred and :Orty-fve, entitled 'an
act in relation 10 State and county roads," the act
passed February twentyfflh, one thousand eight
hundred and thirtytwo, entitled "an act supplimen'
tary an entilled act for opening nnd regula
ing roads and always. the act passed February sec
ond one Nousand eight hundred and fortyeigh, emitted
can act to amend the TO Irove for laying out and
| opening ownslp ronds," the act passed February
eighth one thousand eight hundred md forty.eght,
entitled ian to authorize the township trustees of