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

| interested shall be OF opinion that such road, =,
if opened, would be OF public utility, they
shall order the same to be opened in the
4 manner pointed out By this act
4 Sec. Ia. That when any road is located
and ordered to be opened; as provided for in
the twelfth and thirteenth sections oil this
act, it shall be the duty of the trustees Of
each OF the several townships adjoining such
road, to select one from each of their num-
Der, whose duty il shall be to meet at somn
convenient place near the line Of the same,
I Ohe time and place to be appointed by the
oldest township interested } previous to the
time appointed by law for apportloning labor
20 their respective road districts, and shall
assign sufficient number of persons to open
such road and keep the same in repair, divld :
ing the Iond in such marner that tho persons
so assigned may work under the orders OF
the supervisors in the township To which they
belong md the supervisors and persons SC
assignel, shall be governed BY the provisions
herein contained
Sec. Is. That when anv county road, or
part of any county road, shall be considered
useless, any twelve freeholders, residing in
that part OF the county where such road ls
established, may make application, by petit
lion, oSreeably to the second and fourth Sec
tons of this act, to the commissioners oi the
county, to vacate the same, setting forth in
said petition the reasons why said road ought
to be vacated; which petition shall be pre-.
sented and publicly read at the regular scs-
sion of the commissioners, and no other pro-
ceedngs shall be had thereon, until the next
session of said commissioners, when II shall
again be read as aforcsaid and il no objec-
ton be made, the commissioners may declare
said road vacated, or any part thereof which
they may deem unnect ssary to keep open for
public convenience; but il objections be
made, in writing, agreeaby to the second
section of this act, the commits i,nerS shall
appoint three diSinterested persons to view
said road, who shall take the same oath or
aft rmation as required by the sixth section
of this act, and proceed to view the road
aforesaid, and make a report OF their opinion
thereon, and the reasons for the same, to the
commissioners; and if said reviewers shall
report in favor of vacating s1id road, or any
part thereof. the commissioners may, ii they
shall deem it reasonable and just, declare
said road vacated, agreeably to the report oil
the viewers.
Sec. l6 Thatf any person, who shall be
appointed by the county commissioners, as a
viewer, reviewer, or surveyor Of any road,
shall refuse or neglect to perform the duties
required by thisact, without making sntsfac.
tory excuse for such refusal or neglect. he
shall be fined in any sum, not exceeding five
dollars, to be reco, cred by action ol debt, by
anv person, suing for the same, before any
Justice of the Peace, within the township,
wherein the person so appointed, and retus-
ine or negecting, may reside; aud shall be
paid over without delay, by the Justice ofthe
Peace, or Constable collecting the same, to
the Treasurer of the township, taking his re,
ceipt tn ,refor. And the trustees shall cause
all fines which shall be paid into the town.
ship treasury, under the provisions of this
ac. TO be expended on roads and bridges
within their townships.
Sec. II. That all persons, required to rem
der services under this act, shall receive
compensation for each day they shall neces-
sariiy be employed, as follows, to wit: view
ers and reviewers, one dollar and fifty cents;
chain cartlers and markers, one dollar, each
and surveyor two dollars, to be charged as
costs and expenses, and paid ou. of the
4 county treasury, on the order of the county
Auditor.
See. 10. That an appeal from tho final
decision of the commissioners for new couh'
ty road or for vacaiDg, altering or review
ing any State or county road shall he allow
ed to the court of common pleas: provided,
that notice of such appeal be given by the
applicant or applicants during the same ses-
sion of the commissioners at which said de-
cision was made; and the appellant shall ;
within fifteen days thereafter, enterinto bond
with good and sufficient security, to be- ap'
proved by the county auditor, for the pay
ment Of alk costs and expenses arising from
such appeal: Proridca, thar minors, idiots
and lunatics, or their guardlans, may appeal
without giving bond; and the court OF com
mon pleas may, irn 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 thoy
may deem lust and reasonable in the case,
and the decision of the court OF common
pleas, in the case removed before them by
such appeal, shall be final, and no final ordei
shall Issue in any of the cases aforesaid. un'
til after fifteen DAYS shall have expired from
tho time of making such decision, at which
time the Auditor shall issue such order, un-
less an appeal has bsen perfected agraeably
to the provisions Of this section.
Sec. 10. That no writ Of certiorari shaI
be allowed to remove any proceeding had
under this act after the lapse of one yea!
fom the time of making the final order in
such proceeding by the County commission
ers.
1 Sec. 90. That the decision Of the cour
oil common pleas, on petitions for roads, taker
into said court by appeal, as provided for in
the eighteenth section of this act, together
with plat, survey. or pertinent description
of the road as established by said court, shall
| be certified back to the county auditor. and
be by him recorded in his record Of roads,
and ordered to be opened as in other cases.
Sec. 81. Trat for their services required
by This act, the Auditor and the offers ol
Etbe court shall euch he entitled to the same
fees as they are entitled to by law FOR like
services in other cases, the auditors to be
paid out ofthe county treasury, and the Off
cers' fe es OF the court to be taxed in the bill
of costs in the cause in court
Sec. %, That an appeal from the final
| decision Of the county commissioners, for
damages sustained, OH the petition FOR any
new county yoad, or for altering any State or
county road, as provided for by this act, shall
be allowed to the Probate Courts provided,
that notice shall be given and bond filed
| agreeably to the eighteenth section of this
act, and the appellant shall within ten days
thereafter file transcript of the proceedings
had before the mmssioners, with the pro-
bate Judge, who shall Immediately issue a
,ur;. 81 .,o,n,on, ,,non such trnnccrint