Carroll free press. [volume] (Carrollton [Ohio]) 1834-1861, 1853-02-18

VieWeTs shall not be required 10 assess or awsFc
damages OF compensation 10 sny person o.
persons except minors, idiots. or Iunatics, il
consequences Of the opening Of said road unPs.
She owner oS owners, or their sgents having
notice, as provided for in the foregoing secIioI
Of The application and proceedings by which
his, her or their property Is sought 10 bs sppro.
Pria'ed, shall have flied = ~riuen application,
with said viewers. giving a description of the
premises on which, BY them. damages, or com.
pensaIions are claimed: Provided iurIher. thai
oil applications for damages shall be barred, un.
less they be presented as provided for by Ihia
acV
Sec. 7. That the surveyor shall survey she
said road under Ihe niIecIOn Of the viewers
and cause the same 10 De coLSpirunUsly mark
ed throughout noting the c"urses aud distances
aud ~ the end, oil each mile, shall cause the
number of the ssmr, and also iha commence.
mehI and termination Of said road or survey
20 be marked Ou q Tree. or monument erected
lOT that purpose; he shall also IN ke out and
deliver to one Of the viewers. with out delav. a
correct certified return Of the survey Of said
Tuad, aud a plsI Of The same; and The viewers
shall make and sign report 10 WriInR, sIaIiOg
their opRion ia favor 0l or against the esIab.
/ lIshmenI uF alt ration Of such road, CT any part
thereof. aud set forth the reasnns Of the same
which rrpwTI, together with the plat aud survey
Of said Euad or alteration, shall be delivered ~
the county au1iIoF. by one Of the viewers, on
oV beiors she first day OF the session Of the
commissioners. then next ensuing. And il shall
be The duty Of The cor misioncrs, on receiviop
the report Of the viewers aforesaid. To rause The
same To be publicly read on Two different days
Of the same meeting. Snd it no legal objection
shall be- made 10 them for review Of said road
90 any part thereof, or alteration, and they are
satisfied IhaI such roaJ, or any part thereof, il
The SAINT be rHpab!e Of division, will be nf pub
lie utility, and The report Of the viewers being
favorable thereto. aud that no damages have
heen claimed or assessed they shall on the third
day OF The session, cause said reports, survey
nnd pla, t. b.. recorded. aud from Ihenceorth
said rnad shalt b. considered public highway
and The commi alOners shall issue their order 20
the proper supervisor or supervisors, directing
SAID rbad Io be opened. buI Il the TepOu OF the
viewers he agiIus, such proposed rad nr aIIe a.
t'On. ~ II III Ihe Oplnlon u: the commissioners.
,hr sane shalt b. unnecessary. then no iurher
"
gH er obig rs, m the bond securing the costs
ant rxp"nsrs, shall be liable Tor The full amour,
ri such rOsls aod sx,,enses; provided, that in
AL Eases, ~hrr- uuy oath or affirmation i re-.
qTred Ia br taken By any person under the
PROVISIONS at this Gct, the same may BE- admin.
I>Irrrd by IN" SURVEYOR nT by one oi The Vl"W.
rTs. m r'sie~-rs ~h1 have previously been
SWORN ~ affirmed themselves.
Sec. . InaI IL shall he the duty Of the view.
prS atnrsald; a: the : me time at " hIrh they
are EqTT-d 10 make their Trpnu of view. m
make srprFat- report 10 ~rltng stating tn. u.
m"unI ui damages (tf any } anu {" whom. whlrh
by thrm have been assessed. ~hich won i a.
crue BY the opening ii said road; aud thew
shall also file III" WTIden appcaIiIns on which
such aSSrssmenIs have b"en mad, with the
county nudu"r. And the commissioners shall
cause The saln rrpDrtIU be publicly read on Ihe
3fd day OF the session II which It was received
and il no petition IoT review ur alteration shall
have been pTt scented aud received. and the com.
mIssloners shall be sali fed that The amour, 81
assessed aud determined be just aud equitable,
and that the said road will. in their opinion, be-
ut sufficient importance 10 the public 10 cause
,ha damages winch have been assessed ~ ore.
SAID. ~ be paid BY the county. they shall dtder
the same 10 be paid 10 the applicant. 0E appli.
canls. from the C. uuIy treasury; hut il in their
apIuOn The SAID road is not ui sufficient imp"r.
,ance To the public to cause the same TO be paid
~ The cOunIy. Ihev may refuse TO establish The
same 4 pubic highway. unless the damages
which have been assessed are paid bv the pc.
uuOncrs. But if spplica,i' n. by petition, shall
nave been made tor review or ait ration, then
M further proceeding shall be hal an The report
ul The final determination ui the commission.
era Oh the application for review or alteration.
Sec. 8. That after the viewers Of any coun.
" road shall have made return ia favor OF the
same. agreea6ly To the seventh section of this
net and before said return Sh Ill hp recuTd d. aud
the SAID road established. il shall be Lawful for
anV cnzeu of the cnGn,y 10 apply 10 the com.
mISsluneTs tor reSiaw Of said Rad. bv petit.
ton. sgreeabIy to the second sec.lun Of this acI
aud The Commissloners shall. 10 such ne,iucn
b"ing presented. aud they being satisfied the
same Is Just aud reasonable, appoint FIVE dsin-
rested freehold rs ot III" county TO review said
road. and issue their order To said reviewers.
dlrectIng them ~ meet at a tine To be specIfe1
IN such order, or within five days thereafter;
aud The SAID petitioners for review, shall cause
al least six days noure to be given to the Drn.
clpal peIl.iontr f"r said road, Of the time and
place Ui the meeting Of said reviewers; and
The said reviewers shall meet, alter having re.
ceived the notice above required, and after TAX
log the oath or affirmation, required by the sixth
section OF this act, shall proceed 20 examine
The rouse surveyed Tor snid road BY The for.
TeI viewers. and make a report IN wr'Ing, 10
ihe commissioners, sISIing 1heir opinions ln 10.
'rO a. sRsus' the establishment OF ssld road or
any par Iheru0f aud their reasons for the same,
Aud If The report of the reviewers be in favor
oi said road, the same shall be established. re-
corded aud opened. agreeably III The provisions
Ot thus act, aud the person or persons bound lor
the sa'n1 shalt pay In!o The county treasury the
am 'unt Of tae costs Of such review; but if the
repon be against the Establishment Of such road
no lurlher proceedings shall be had thereon be.
a ~