The Belmont chronicle, and farmers, mechanics and manufacturers advocate. [volume] (St. Clairsville, Ohio) 1848-1855, 1853-02-11

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and the said trustees and surveyor sha
make report Of their doings, in tho manne
pointed out rs the duty Of the viewers an
surveyor in case Of new roads; and the audi
tor and commissioners OF the proper count
shall be governed in the reception and recor
ding Of said report, in all respects, as is pre-
scrbed in this act in cases of new roads.
| SEC. %. That the surveyors and trustee
shall receive for each day they are necessa
rliy employed under the provisions of tn,
twenty seventh section Of this act, the samt
compensation allowed to surveyors and view
ers in case Of new roads, the surveyor to b,
paid out of the county treasury, on the orde
OF the county auditor; and the trustees ou
of the township treasury on the order Of thu
township clerk.
SEC. 80. That any county road or par
| thereof, which has heretofore, or NAV here.
after be authorized, which shall remain un.
opened for public use for the space of seven
years after the order made or authority gran.
ted for opening the same, or the part there
Of remaining unopened, shall be, and the
same is hereby, vacated, and the authority
granted for erecting the same barred by
lapse of time; and any State road or part OF
any State road which has heretofore been
authorized, which shall remain unopened for
public use for the space of ten years after
the passage Of the act authorizing the same,
shall be vacated, and the authority for OPEN
ing repealed for non-user.
TOWNSHIP ROADS.
SEC. 80. That if any person or persons
shall, for the convenience of themselves and
neighbors, wish to have township road laid
a n nj I,r-a linn al af
any person or persons; or from any mill, or
house of public worship; or to any public
road; or from one public road to intersec.
another, it shall be lawful for such person or
persons to petition the trustees of the prop
er township for the same, after giving thirty
days previous notice thereof, by advertise
ment posted up at three public places with
in said township, setting forth in said adver-
tsement the time when such petition is to
be presented, the place of beginning, inter-
mediate points, if any, and place of terminu-
ton Of said road.
SEC. 81, That on such petition being
presented TO the trustees, and they being
satisfied that proper notice has been given,
as aforesaid, they shall cause the petitioner
or petitioners to enteI into bond, with sutfi-
cicnt security payable TO the State Of Ohio,
for the use O the township, and conditioned
that the person or persons making such ap-
plication, shall pay the amount of ell costs
and expenses of the view and survey of said
road; and the petition shall be read in open
meeting Of said trustees; and they being sat
isfied that such proposed road is necessary,
they shall appoint three judcious, disinteres-
ted landholders of the township. who shall
constitute jury, and surveyor, who shall,
after taking the oath or affirmation required
by the sixth section Of this act, take to their
assistance two chain carriers, and a marker,
and proceed, at the time directed by the trus-
tees, or within three day tficfen fter to view
the ground along which said road is propo-
sed to be established, and locate the same as
near the PRAYER of the petitioner or petion-
ers, as good road can be had at a reasona-
BILE expenses and determine ,cording to the
provisions of section four, of this act, the
compensation which shall be paid to the
owner or owners of the land through which
it is proposed to establish the same, and the
amount of damages he, she, or they may
sustain.
SEC. 80. That the viewers shall make
report, in writing, to the trustees, setting
forth their opinion, in full, for or against the
establishment OF such, together with state
ment OF the damages. ii any, assessed to
each person, through whose land the road is
proposed to be established; which report, to-
gether with return and pat of the survey
of said road shall be deposited with the town-
ship clerk, who shall notify the trustees
thereof; whereupon tho trustees shall at
their next meeting, cause said report to be
read, and if the same be in favor Of sstab
fishing said road, and the trustees deem it
reasonable and just, they being satisfied that
the damages, Gfany have been claimed and
assessed,) have been paid or secured to be
pad, by the petitioner or petitioners, the
clerk of the township shall enter the said re-
port on record. And the trustees shall issue
their order to the petitioner or petitioners,
or any OF them, to open said road thirty feet
wide, and from thenceforth, the road shall be
considered private or township road, sub
iect to be kept open and in repair, at the ex-
pense of the applicant or applicants for the
same: Provided, however, that any township
road, which commences in State, turn
pike, county or township road, leading or
in a county, turnpike or State
road shall be opened and kept in repair by
the supervisor in whose district any such
township road may be situated in whole or
in part: and 1t shall be the duty of the super
visor to clause so much of the labor OF the
persons immediately interested, in such
township road to be applied to the opening,
or keeping such township road in repair, as
he NAV deem reasonable; and the costs of
the view and survey of such roads shall be
paid out of the township treasury; but II the
viewers shall report that the prayer of the
petitioner or petitioners is unreasonable and
ought not to be granted, no further proceed
inc shall be had thereon by said trustees;
and all costs accruing under the provisions
of this section, shall be paid by the person
or persons making application for such road'
except as herein before provided.
Sec. 33. That an appeal from the hnal
decision of the trustees OF the township, on
any petition or report for road, shall be
allowed to the probate court, and The court
NAV order another view of said road, or make
any other order which may be just and rea-
sonable in the case: Provided the appellant
shall enter into bonds to the State of Ohio,
for the use OF the township, in the sum OF
one hundred dollars, with one or more good
and sufficient sureties to the acceptance OF
the township treasurer, within fifteen days
from the date of the decision of said trus-
tees, conditioned for the payment OF oil
costs ana expenses arising from such appeal
if the road shall be established by the pro-
ceeding had in the probate court, which ap'
peal shall be entered with the probate Judge
l.,,., t,S th bau nT rho FLING a