The Democratic sentinel. [volume] (Cadiz, Ohio) 1852-1853, 1853-05-25
TERMS, $3.50

located
See. 10. That il the commissioners shall
be satisfied that The amount SO assessed and
determnrd by the jury aforesaid be just and
equitable, and that said road or any part
thereof will in their opinion be Of sufficient
importance to the public TO cause the DANA
.es 10 be paid by the county, they shall or
der the same TO be paid the petitioner from
the county treasury; but il in their opinion
the said road is not Of sufficient importance
to the public, TO cause the same to be paid
by the county, they may refuse to estabirsh
the same public highway: unless the dam
ayes and expenses are paid by petitioners
But if there be no application for damages,
or the damages are paid by the county or
petitioners, then and in either case, the com.
miSsioners may establish the same a pub
lie highway, and order the same to be re.
corded.
See II That the following persons re-
quired to render services under this act shall
receive compensation foresch day they shall
necessarily be employed, as follows, to
commissioners two dollars per day, chain
carriers, markers and other assistants one
dollar each, and surveyors two dollars and
fifty cents, 10 be charged as costs and expen-
ses the commissioners to be paid out of the
county treasury of their respective counties
ON lhe order Of the county auditor; and the
survey, maker, chain carries and other as
sstants shall be equally divided among all
the coun lies interested, and paid out Of the
county treasury Of the respective counties,
on the order OF the county auditors.
Sec. 2. That an appeal from the final
decision Of the commissioners, on ANY petit
lion for damages sustained by the location
Of any state road, as provided for by this act,
shall be allowed 10 the probate court Of the
proper county, provided, that notice Of
sucn appeal be gwen by the appellant or
appellants, during the same session of the
commissioners, at which such said decision
was made. and.-th appellant or appellants
shall, within ten day 5 thereafter, enter into
bond with good and suffiaient security, to
be approved by the county auditor, for the
payment OF AL costs and expenses, arising
from, or in consequence of such appeal, and
the,aPpellantshall within five days thereafter,
delIyer to the probate Judge, a transcript Of
ers, and upou the reception ofthe said tran.
script, the Judge shalimmediately issue a
writ Of summons upon such transcript a.
gainst the obligators in ihe bond filed under
the fourth section of this act, which writ shall
be saved and returned as other ~rits of
Ike character and in such suits the appel.
liant shall be plaintiff and the said obligors
defendants, and upon the return of service
OF such writ the Judge shalfissue yenire
for a jury Of six disinterested freeholders Of
the county, who. after taking an cath or af-
lrmation, faithfully and impartially to dis
charge the duties Of their appointment, shall
proceed on the day named in said venire,
TO view and determine the mattercomplained
Of; and without delay deliver their decision,
in wiring, to the probate judge, who shall
enter the same ON record, with the former
proceedings; and certify the decision obtain.
ed in said court to the county auditor, and
The decision, made and entered on record
shall be final, except as hereinafter provided,
Sec. 49, That in all cases ofappeal from
the final decision of the county commission
ers as provided in the twelfth section of this
act, the appellant or appellants shall pay
all costs that may accrue in consequence Of
said appeal, unless the award rendered by
the jury appointed by the probate Judge shall
exceed IN anount tt eaward rendered by lhe
jury appointed by the county commission.
er5.
Sec. IA. That ifupon the reception OF
the decision obtained III the probate court,
the county commissioner shall not deem such
road of sufficient importance to cause the
expenses incurred and damages assessed in
the probate court, to be paid by the county,
they may refuse to establish the same, un-
less the parties interested in the location OF
said road shall pay or cause 10 be paid, be.
fore the opening Of Of said road to the sat-
isfaction OF tie county commissioners, in
case said road is established highway, all
expenses incurred and damages assessed:
provided, however, it shall be lawful for the
commissioners, il in their opinion pa only
of said road will be ofpublic utility, 10 record
and establish such usefut part, and reject
the residue, in case it BE- capable OF di.
vision.
Sec. l5 That in case such expense and
damages are paid or secured to bepaid as
aforesaid, or The commissioners direct tho
same to be paid by the county, then and in
either case. they shall enter an order that
said road be e'tdb.isheda public highway,
Ssc. l6, That for their services requir-
ed by the twelfth and thirteenth sections Of
this act, the officers ard othe- persons re.
quired TO perform services shall each be en-.
utled to the same fees as they are entitled
to by law for like services in other cares, the
auditoas to be paid out ofthe county treasi,
ry. and the Judge and.others enti:ledltefses,
10 be taxed in the bill Of costs in the cause
in court
bee. II. That it shall be lawful for The
county commissioners, of any county ia this
state, upon notic given in some newspa.
per in general circulation in the county, for
lour consecutive weeks, and on petition BE-.
ing presented to them, signed By al laass
twelve freeholdeis ofthe county, for lessen.
ing or reducing the width Of any state road
which now is or may hereafter be laid out
and established, If the commissioners shall
deem it juss and proper so to do, to reduce
the width ol any such rnai, or any nag8
thereof, to any width not less than !cvty feet.
and shall order the county auditor 10 make 4
record of the same; Provided, that thu c0nA.
missioncrs shall, previous 10 making any oF.
der for the leSsening or reducing the With
Of any state road, as provided for bf this
section, appoint three disin;erasted citizens
of the county, to view and repoit to them,