Gallipolis journal. [volume] (Gallipolis, Ohio) 1837-1919, 1853-02-10

SO, Il6 SuDS.dHce Vi tuc PCtiuOA III SoiN
road.
Sec. 6. That il shall be the duty of
the viewers and surveyor appointed as
aforesaid, after receiving the notice re-
quired in the foregoing section, to meet
at the time and place specified, in the
order OF the Commissioners aforesaid,
or within five days thereafter, and after
taking an oath or affirmation, faithfully
and i1ipartially to discharge the duties
oftheir appointments, respectively. shall
take to their assistance two suitable per-
sons, as chain carriers, and one marker,
! and proceed TO view, survey, and lay
sobt, or alter said road, as prayed for in
the petition, or as near the same as, in
their opinion, good road can be made,
at a reasonable expense, taking into
consideration the utility, convenience,
and inconvenience and expense which
will result 10 individuals, as well as to
the public, if such road, or any part
thereof shall be established and opened,
or altered; and also as jury discharge
the duties required Of them by the fourth
section of this act. And the said view.
ers shall, in addition to their duties as
viewers, also at the same time assess
and determine the damages, sustained
by any person or persons through whose
premises the said road is proposed TO be
established; Provided, that such viewers
shall not be required TO assess or award
damages or compensation 10 any person
or persons, except minors, idiots or lu>
natics, in consequence Of the opening
of said road, unless the owner or own
ers, or their agents, having noiice, as
provided for in the foregoing section, of
the application and proceedings by
which his, her, or their property is
sought TO be appropriated, shall have
filed a written application with said
viewers, giving a description oi the
premises, on which, by them, damages
or compensation are claimed; Provided
further, that all applications for DANA
ges shall be barred, unless they be pres
sented as provided for by this act,
Sec. Z. That The surveyor shall sur
vey the said road under the direction of
the viewers, and cause the same 10 be
conspicuously marked throughout, no.
ting the courses and distances, and at
the end of each mile, shall cause the
number of the same, and also the COM
mencement and termination of said
road or survey, TO be marked on tree,
or monument erected for that purpose;
he shall also make out and deliver TO
one of the viewers, without delay, a.
correct certified yeturn ofthe survey Of
said road, and a plat Of the same; and
the viewers shall make and sign re-
port in writing, stating their opinion in
favor of or against the establishment or
alteration of such road, or any part
thereof, and set forth the reasons of the
same, which report, together with the
plat and survey of said road oraltera-
ton, shall be delivered TO the county au-
ditor, by one of the viewers, Cd or be-
fore the first day of the session of the
commissioners, then next ensuing
And if shall be the duty of the commits
sioners, on receiving the report of the
viewers aforesaid, TO cause the same TO
be publicly read on two different days
Of the same meeting, and ifno legal OBJ.
lection shall be made TO them for review
of said road, or any part thereof, or al,
iteration, and they are satisfied that such
road, or any part thereof, if the same
be capable of division, will be of pub.
lie utility, and the report of the viewers
being favorable thereto, and that no
damages have been claimed or assessed,
they shall, on the third day of the ses-
sion, cause said reports, survey and plat
to be recorded, and from thenceforth
said road shall be considered public
highway, and the commissioners shall
issue their order TO the proper supervi>
sor or supervisors, directing said road
10 be opened; but if the report of the
viewers be against such proposed road
or alteration, or if in the opinion of the
commissioners, the same shall be unne
cessary, then no further proceeding
shall be had thereon; and the obligor or
obligors, in the bond securing the costs
oiu CAPCueCSs Sudll OG lldUt6 lOT tuc
full amount of such costs and expenses:
provided, that in all cases, where any
oath or affirmation is required to be ia
ken by any person under the provisions
of this act, the same may be admins.
tered by the surveyor or by one of the
viewers, or reviewers who have previ-
ously been sworn or affirmed Them
selves.
Sec. 8. That it shall be the duty of
the viewers aforesaid. at the same time
at which they are required to make their
report OF view, TO make a separate res
port in writing. stating the amount of
damages, (if 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 audit
or. And the commissioners shall cause
the said report to be publicly read on
the third saElaf the session at which it
was receReds and if no petition for re-
view or Afteration shall have been pre-
sented and received, and the commits
sioners shall be satisfied that the amount
so assessed and determined be jus. and
equitable, and that the said road will, in
their opinion, be of sufficient impor-
lance to the public to cause the dana.