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

ana reviewers, one dollar and hsty
cents; chain carriers and markers,
one dollar, each; and surveyor Two
dollars; TO be charged as costs and
expenses, and paid out Of the county
treasury, on the order of the county
Auditor.
Sec. Is. That an appeal from the
final decision of the commissioners
for new county road, or for vaca-
ting, altering or reviewing any State
or county road, shall be allowed to
the court Of common pleas: provi.
ded, that notice Of -such,~appealr0s
given BY the appellant or appellant.
during the same session OF the com.
missioners at which said decision
was made; and the appellant shall,
within fifteen days thereafter, enter
into bond with good and sufficient
security, to be approved by the
county auditor, for the payment ol
all costs and expenses arising from
such appeal: Provided, that minors,
idiots and lunatics, or their guar.
dians, may appeal without giving
bond; and the court oil common
pleas may, if in their opinion justice
and the interest Of the public require
the same, order another view or re-
view 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 such appeal, 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 making such decision, at
which time the auditor shall issue
such order, unless an appeal has been
perfected agreeabiy TO the provisions
Of this section.
Sec. l9. That no writ of certiorari
shall he allowed TO remove any pro-
ceeding had under this act after the
lapse OF one year from the time Of
the final order in such pro>
ceeding ty the county commission
eTs.
Sec. 20. That the decision of the
court OF common pleas, on petitions
for roads, taken into said court by
appeal, as provided Tor in the eigh-
teenth section Of this act, together
with d plat, survey, or pertinent
description Of the road as established
by said court, shall be certified back
10 the county auditor, and be by him
recorded in his record oil roads, and
o dered 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 es they
are entitled to by law for like servi-
ces in other cases; the auditors 10
be paid out OF the county treasury,
and the officers fees OF the court 10
be taxed in the bill oil costs in the
cause in court.
Sec. %. That an appeal from
The final decision of the county COM
nissioners, for damages sustained, on
The petition for any new county
road, or for altering any State or
road, as provided for by this
act, shall be allowed to the probate
court: provided, that notice shall be
given and bond filed agreeably to
the eighteenth section Of this act;
and the appellant shall within len
days thereafter, file transcript Of
the proceedings had before the CON-
nissioners, with the probate judge,
who shall Immediately issue a writ Of
summons upon such transcript,
against The obligors in the bond filed
under the second section Of this act,
which writ shall be served and re-
turned as other writs of like charac-
Ter: and in such suits the appellant
shall be plaintiff. and the said obligors
defendants.
Sec. %. That upon return Of
service of such writ, the Judge shall
ssue venire for jury OF six disin-
ierested citizens oi the county, who,
alter having been sworn faithfully
10 discharge The duties OF their ap-
pointment, shall proceed on a day
10 be named in said venire, TO ex-
anime personally the line Of the
proposed road, where it passes
through the premises in controversy,
and return their decision, in writing,
to the Probate Conrt. and the Judge
shall enter the same in the record
with the former proceedings, and
The decision made and entered on
record as aforesaid, shall be final,
except as hereinafter provided.
: Sec. a. That the decision ob-
tanned in the probate court, as
provided for by The twenty.second
and twenty third sections Of this act,
shall be certified back 10 the county
auditor, and if the county commis.
sinners shall not deem such road ol
sufficient importance TO the public to
cause The expenses incurred and