The Kalida venture. [volume] (Kalida, Ohio) 1841-1865, 1853-02-18

me Wenly-second and twenty-thIrd sec
tions of this act, shall be certified back
to the county auditor, and ifthe county
commissioners shTll not deem such road
of sufficient importance to the public to
cause the expenses incurred and dana
ges assessed in the prohtte court to be
paid by The county, they may rofuse to
es ablsh the same, unless tho parties in
ierested in the location of said road shall
pay, OF cause to be paid before tho open
ing Of said road, to lhe satisfaction of the
county commissioners, in case said road
is established as highway, all expenses
incurred and damage gesassessed: Provided,
however, that II shall be lawful for the
commissioners, if in their opinion part
only Of said road will be Of public utility,
TO record and establish such useful part
and reject the residue, in case it DO Ca
plble of division.
Sec 25. That in case such expenses
and damages arc paid, Or secured 10 be
paid, as aforesaid, or the commissioners
direct the same To be paid by the county,
then, and in either case, they shall enle,
an order that said road be established q
public highway.
Sec. 26. That for their services re-
quired by the twenty-second, twenty
third and twenty. fourth sections of tbs
act; the officers and other PERSONS re-
quired to perform services shall each bo
entitled TO tho same fees as they are en-,
titled TO by law for like services in
other cases, the auditors to be paid out
of tie county treasury and the Judge and
others entitled TO fees TO be taxed in the
bill of costs ia the cause in court.
Sec. 27. That when any state or
county road may be injured or destroyed
by the washing Of any lake, river or creek,
it shall be the duty OF the trustees of the
township in which such injury or loss OF
road shall have occur ell, upon petition
of any six frcehodels of the township,
10 cali to their aid competent surveyor,
and proceed to examine such road, as
may have been thus injured or destroyed,
and if upon such examination, said trust,
ees, or majority of them, shall he salts
fed that such road has been destroyed,
or 80 much injured that the pnblic good
requires an alteration of the same, they
shall proceed 10 alter and lay out SO
much % the new road as may supply the
several parts of the road thus destroyed
or injured: Provided, thst if any person
or persons, through whose lands any such
alteration or new road shal! be laid ou'
shall feal injured thereby. such person or
persons shall make application to the
trustees, at the time of making the al.
,eration on bis or their premises, to as
ssss and determine, according to the pro-
visions of the fourth section Of this act
tho compensation 10 be made in money
for the property sought 10 be appropriated
how much less valuable, If any, the prem
ises will be rendered by The alteration oI
said road, aud the said Trustees and sur
vcyor shall mako report Of their doings
in the manner pointed out as the du;y o.
the viewers and surveyor in case of new
roads; and the auditor and commits
sioners Of the proper county shall be
governed in the reception and recording
of said report, in all respects, as il
prescribed IN this act in case OF new
roads.
Sec. 2S. That the surveyors ant
trustees shall receive for each day the.
are necessarily employed under ,h4 pre-
visions Of the twen!y-sevenlh section o
this act, the same compensation allowed
to surveyors and Viewers in casepof new
roads, the surveyor to be paid ont of tht
county treasury, on the order of The cum
ty auditor; and the trustees out Of ,h'
township treasury on the order Of th'
township clerk.
Sec. %. That any county road, o
part thereof, which has heretofore, or mn,
hereafter be auh,rizgd, which shall re
main unopened for public use for The
space of seven years after the order mad;
or authority granted for opening the sam"
or the part thereof remaining unopened
shall be, and the same is hereby, vacoted
and the authority grapted for erecting
the same barred by lapse of time; anc
any State road, or port Of any State roae
which has heretofore been au no ized
which shall remain unopened for public
use for the space Of ten years after The
passage Of this act au:hurizing the same
shall be vacated, and the authority lo
opening repealed for non user.
TOWNSHIP ROADS.
Sec. 80, That If any person or per
sons shall, for The convenience of them
selves and neighbors, wish 10 have a
township road laid out, from the pIanta
tio1 or dwelling place of any person or
persons; or from any mill; or house Of
public worship; or TO any public road; or
from one public road TO intersect another,
it shall be lawful for such person or per.
sons to petition the trustees ofthe proper
township, for the same, after giving thir-
ty DAYS preyions notice thereof, by adver-
visement posted up al three public places
within said township, setting forth in
said advertisement tie tina when such