Portage sentinel. [volume] (Ravenna, Ohio) 1845-1854, 1853-02-09

throughout, noting the courses and distances, an,
at the end of each mile, shall cause the numbe
OF the same, and also the commencement and ter
mination of said road or survey, to be marked OF
a tree, or monument erected for that purpose; he
shall also make out & deliver to one of the viewers
without delay, correct certified return of the sur
vey of said road, and plat of the same; and the
viewers shall make and sign report in writing
stating their opinion in favor of or against the es
tab lAhmen$er alteration ofsuch xsad. or any part
thereof, and set forth the reasons of the same
which report, together with the plat and survey
OF saidr DAD or alteration, sha1l De delivered the
county auditor, by one ofthe viewers on Of before
the first day of the session, of the commissioners
| then next ensuing. And it shall be the duty o
the commissioners, ON receiving the report of the
viewers aforesaid, to cause the same to be pub:
licly read two different days of the same meet
ing,and fno legal objection be made tothem for re-
view of said road, any part thereof, or altera-
ton, and they are satisfied that such road or anv
part thereof, if the be capable of division,
will be of public utility, and the report of the
viewers being favorable thereto, and that no dam
ages have been claimed or assessed, they shall,
the third day of the session cause said reports
survey and plat to be recorded, and from thence
forth said road shall be considered public high
wayand the commissioner shall issue their order to
the proper supervisor supervisors, dire citing said
road to be opened: but if the report of the viewers
be against such proposed road alterations or if in
the opinion of the commissioners, 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 expen-
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 reviewers who have previously been
swbrn or affirmed themselves.
Section s. That it shall be the duty of the view-
ers aforesaid, at the same time at which they are
required to make their report of view, to make
separate report, in writing, stating the amount of
damages, (f any) and to whom, which by them
have been assessed, which would accrue by the
opening of said road; and they shall also file the
written applications on which such assessments
have been made, with the county auditor. And
the commissioners shall cause the said report to
be publicly read the third day of the session at
which twas received, and if no petition for le
view or alteration shall have been present ID
and received a n the commissioners shalt
be satisfied that the amount SO assessed and de-
termined be just and equitable, and that the said
road WILL in their opinion, be of sufficient impor-
tance to the public to cause the damages which
county, they shall order the same to be paid to
the applicant or applicants from the county treas
ury; but if, in their opnion the said road is not
OF sufficient Importance to the public to cause the
same to be paid by the county, they may refuse
to establish the same public highway, unless
the damages which have been assessed are paid by
the petitioners. But if application, by petition,
shall have been made for review or alteration,
then no further proceeding shall be had on the
sioners the application for review alteration.
Section 9. That after the viewers of any coun-
~ road shall have made return in favor of the
same, agreeably to the seventh section of this
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 commits
sioners for review of said road by petition agree
ably to the second section of this act, and the
commissioners shall, on such petition being pre-
sented, and they being satisfied the same is just
and reasonable, appoint five disnterested free
holders of the county to review said road, and is
sue their order to said reviewers, directing them
to meet at time 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 hav-
ing received the notice above required, and after
taking the oath or affirmation, required by the
sixth section of this act, shall proceed to examine
the route surveyed for said road by the former
viewers, and make report, in writing, to the COM
missoners, stating their opinions in favor or a.
gainst the establishment OF said road, or any part
thereof and their reasons for the same. And if
the report of the reviewers be in favor of said
road, the same shall be established. recorded and
opened. agreeably 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 a.
gainst the establishment of such road, no further
proceedings shall be had thereon before the COM
missoners, and the persons executing the first
bond shall pay into the county treasury the costs
and expenses of the view, survey and review OF
said road.
Section 10. That when the place Of beginning,
or true course of any State or county road shall
be uncertain, by reason of the removal of any
monument or marked tree, by which suchroad was
originally designated, or from any other cause,
the county commissioners of the proper county
may appoint three disinterested landholders of
the county to review and straghten said road, if
they shall deem it necessary, and a competent
surveyor tc survey the same; and said reviewers
and surveyor, after taking the oath or affirmation
required by the sixth section of this act, shall view
and survey said road, and the same correctly mark
throughout, as in case of new roads, and shall
make return of said survey, and plat OF said
road to the commissioners, who shall cause the
same to be recorded, as in other cases. and from
thenceforth said road surveyed as Aforesaid, shall
be considered public highway.
Section II. That if any person or persons,
through whose land any state county road is, or
may be established, shall be desirous of turning
said road through any other part of his, or their
land, such person or persons may, by notice and
petition, agreeaby to the second, third and fourth
sections of this act, apply to The commissioners of
the county while in session. to permit him or them
to turn said road through any other part of his
their land, good ground, and without increas-
ing the distance to the injury of the public; and