Meigs County telegraph. [volume] (Pomeroy [Ohio]) 1848-1859, 1853-02-15

quire the same, order another view or review of
such road, or make any other order which they
may deem just and reasonable in the case; and
the decision Of the court of common pleas in the
case, removed before them by suehappeal, shall
be final and no final order shall issue in any of
the cases aforesaid, until after fifteen days shall
have expired from the time of mixing such decis-
ion, at which time the auditor SHALL issue such
order, unless an appeal has beenDerfected agree
ably to the provisions OF this seoilbn.
Sec. 10. That no writ Of cert9flori shall be al
lowed to remove any proceeding Did under this
act after the lapse of one year atlie time Of
making the final order in such pI3ceeding by the
county commissioners.
Sec. 20. That the decision of tie court of com
mon pleas, on petitions for roads, }taken into said
court by appeal as provided for ID the eighteenth
section of this act, together with a plat survey
or pertinent description of the road as established
by said court shall be certified back to hecounty
auditor, and be by him recorded in his record of
roads, and ordered to be opened as in other cases.
Sec. 81. That for their services required by this
act, the auditor and the officers Of the court shall
each be entitled to the same fees as they are en-
titled TO by law for like services in other cases;
the auditors to be paid put Of the county treasury
and the officers fees Of the court TO be taxed in
the bill of costs in the cauSein court.
Sec. %. That an appeal from the final decision
tanned, on the petition for any new county road
as provided for by this act shall be allowed to
the probate court; provided that; notice shall be
given and bond filed agreeably tothe eighteenth
section of this act; and the appellant shall with
in ten days thereafter, file trahgeriptof the pro-
ceedings had before the commissioners, with the
probate judge, who shall immediately issue writ
of summons upon such transcript, against the
oblgors in the bond filed unddt the second sec.
ton of this act which writ shall be served and
returned as other writsspf like Character; and in
such suits the appellant shalltbe plaintiff, and
the said obligors defendents.
Sec %. That upon return of service of such
writ, The Judge suall issue a vehire for Jury of
six disintereSted citizens of the county who,
after having been sworn faithfully to discharge
the duties Of their appointmentshi II proceed on
day to be named in said venite, to examine per-
sotally the line Of the proposed road, where it
passes through the premises in controversy, and
return their decision, in writing, to the Probate
Court, and the Judge shall enter the same in the
record wi h the former proceedings and the de-
cSion made and entered on record as aforesaid,
shall be final, except ar hereinafter provided.
Sec. "a. That the decision obtained in the pro-
bate court, as provided for by the twenty second
and twenty-third sections of this act shall be
certified back to the county auditor, If the county
commissioners shall not deem such road of Sufi-
cient importance to the public 10 cause the ex-
penses incurred and damages assessed IN the pro-
: bate court to be paid by the county they may re-
fuse to establish the Same, unless the parties in
teressed in the location of said foad Shall pay, OF
cause to be paid before the opfnibg Of sand road
; to the satisfaction of the col commissioners
in case said road is establishes highwaS al
expenses incurred and damase$ assessed: Proyi-
ded, however, that II shall be lawful for the com
miSsioners if in their opinion part only Of sai(
road will be of public utility,,to record and es-
tabish such useful part and reject the residue, il
5 case it be capable of division.
Sec 25 That in case such expenses and dam
ages paid, or secured 70 be paid. as aforesaid
or The commissioners direct the same to be paid b.
the county, then, and in either case, they shal
enter an order that said road be established pub
e lie highway.
d Sec. 26. That for their services required by tn
s twenty second, twenty-thud, and twenty -fourtl
sections OF this act the-sticerS and other person
required TO perform services shall each be enti
i tied to the same fees as they are entitled to b
: law for like services in other cases, the auditor
e to be paid out of the county treasury and tn
r. Judgsald others entitled to fees TO be taxed i
! the bill OF costs in the cause in court
II Sec 27. That when any state or county roa
e may be injured or destroyed by the washing of an
lake, river, or creek, it shall be the duty of tn
- trustees of the township in which such injury
/ loss of road shall have occurred, upon petition
: any six fir, eholders of the township, to call
" their aid competent surveyor, and proceed
ID examine such road, as may have been thus in
n jured or destroyed; andif upon such examination
is said trustees, or majority of them, shall beSa
" isfed that such road has been destroyed, OF
y much injured that the public good requires a
h alterato of the same, they shall proc eed to alt
Of and lay out so much of the new road as may SUP
n ply the several parts of the road thus dtStroye
or INJURED: Provided, that if any person or pc
~ sons, through whose lands any such alteration
)e new road shall be laid out shall feel injured her
lr by, such person or persons shall make applicable
nr to the trustees at the time Of making the alter
ton on his or their premises, to assess and dete
y mlne, according to tie provisions of the four
" section OF this act the compensation 10 be mat
~ IN money for the property sought to be appropr
~ ated how much less valuable, if any, the prer
-, iSes will be rendered by the alteration of sa
road; and the said trustees and surveyor shS
y, make report of their doings, in the mann
II pointed out Us the duty of the viewers and Su
To veyor in case of new roads; and the dtor al
n. commissioners Of the proper county shall be 60
!. erned in the reception and recording of said
:, port in all respects, as is prescribed in this
Ne in cases of new roads.
By Sec. 28. That the surveyors and trustees sh
10 receive for each day they are necessarily employ
n.y., under the provisions of the twenty seventh sc
ton of this act, the same compensation allow
or to surveyors and viewers in case of new roa
I'D the surveyor to be paid out of the county rea-
ng ny, on the order of the county auditor; and I
is. trustees out of the township treasury on the
:, der of the township clerk.
''e Sec. 29. That any county road or part there
ny which has heretofore, or may hereafter be auth
b lzed, which shall remain unopened for pub
use for the space of seven years after the or
~ made or authority granted for opening the san
wv wv or the part thereof remaining Unopened shall
Lss and the same is hereby vacated and the auth
n% ity granted for erecting The same barred by la
~, of timej and any state road, or part of any ST
'N' road which has heretofore been authorized, VIII
~o ,ao Shall remain unopened for public use for
ne space of ten years after the passage OF the act
ri thorizing the same, shall be vacated, and the
a;d thority for opening repealed for non-user
ICE, TOW NSHlP ROADS,
su- Sec. 30 That if any person or pprst
lo,i Ion shall, for The convenience Of themsel
the the and neighbors, wish 10 huve township n
,adS laid out, from lhe plantation or dwell
pluce oI any personor persons or from {
laer mill. or house Of public worship; Or 10 .
ero- lSn public road; or from one public road to
ers, lersecl another, il shall be lawful Tor s.
and pers m or persons TO petition The trustees
dol, the proper township, Tor the same, q
= ahd OS giving thirty days previous notice ,her
by advertisement posted up at three pu
sion places within sud township, setting lorIt
!, or said advertisement lhe'tme when such p
e OF Itian 10 IN he nresenied The nlace oc bpl