The Ohio union. [volume] (Ashland, Ohio) 1849-1854, 1853-05-25

me proper county; provided, maj n0Ice o
such appeal be given by the appellant q
appellants, during The same session Of III.
commissioners, at which such said deci
sion was made, and The appellant or ap.
pellan,s shall, within ten days thereafter,
enter into bond with good and sufficient
security, TO be approved by The county
auditor, for The payment Of all COSTS and
expenses, arising from, or in consequence
Of such appeal, and the appellant shah
within Eve days thereafter, deliver 10 The
probate Judge, a transcript Of The proceed.
ings bad before the commissioners, and
upon The reception Of the said transcript,
the judge shall Immediately issue a writ Of
summons upon such transcript against The
obligors in the bond filed under the fourth
section Of this act, which writ shall be
served and returned as olher writs of like
character, and in such suits the appellant
shall be plaintiff and The said obligors de-
PENDANTS, and upon the rttbrn of service Of
such'writlhe Judge shall isshc'a' venire for
a jury of six dislnterested freeholders of
the county, who, after taking an oath or
affirmation, faithfully and impartially to
discharge the duties of their appointment,
shall proceed, on the day named in said
,%enire, TO view and determine the matter
complained of; and without delay deliver
their decision, in writing. 10 the probate
Judge, who shall enter The same on record,
with the former proceedings; and certify
the decision obtained in said court 10 the
county auditor, and the decision, made and
entered on record shall be final, except as
hereinafter provided.
Sec. 10. That in all cases of appeal from
the final decision of the county commits
sioners as provided in the twelfth section
of thus ac', the appellant or appellants shall
pay all costs that may accrue in conse.
quence of i'd appeal, unless The award
rendered by the jury appointed BY the pro.
bate Judge shall exceed in amount the
award rendered BY The jury appointed by
the county commissioners.
See. a.. That upon the reception of
The decision obtained in the probate court,
the county commissioners shall not deem
such road ofsuiilcient importance to cause
the expenses incurred and damages assess
ed in the probate court, to be paid by the
county, they may refuse to establish tho
same, unless the parties interested in the
location Of said road shall pay or cause 10
be paid, before the opening of said road 10
the satisfaction Of the county commission
ers, in case said road is established high.
way, ill expenses incurred and damages
assessed. provided, however, ii shall be
lawful for the commissioners, il in their
opinion a par, only Of said road will be of
public utility, to record and establish such
useful part, and reject the residue, in case
it be capable df division.
Sec. 10. That in case such expense and
damages are paid or secured 10 be paid as
aforesaid, or the commissioners direct the
same 10 be paid by the county, then ahd'in
either case, they shall enter an order that
said road be established a public highway.
SEE. 10. ThaIIO their services required
by the twelfth and thirteenth s%ecliuns of
this acl, the officers and other persons re.
CURED 10 perlorm SCR, vices shall each be
entitled 10 he same fees as they are en-.
tiled 10 by law for like services in other
cases, The auditors To BE- paid out Of the
county treasury, and the judge and others
entitled 10 fees, to be taxed IN The bill of
costs in The cause in court.
See. IL. That il shall he lawful for the
county commissioners, Of any county in
the state, upon noll;e given il some news.
papern general circulation in ll,e county,
Tor lOur consecutive weeks, and on petition
being presented 10 hem, signed By at least
twelve lreehoIders oil the cuhhly, for lessen.
ing or reducing the widh of any state road
which now is or may hereafter belaid out
and established, if The commissioners shall
deem iljust and proper so 10 do, 10 reduce
the width of any such road, or any par
thereof, 10 any width not less than forty
feet, and shall order The county auditor 10
make q record Of the same; Provided, that
The commissioners shall, previous TO ma.
king any order for the lessening or redu.
cing The width of any stale road, as pro.
'ided for by this section, appoint three dis
interested e~ilizens of The county, tn view
and report 10 Them, under oath and alirma.
lion, as to the utility o i%nnliiity of such
proposed change, aud also the width which
in their opinion would be necessary.
Sec. Is. That an act entitled nan acl
defining the mode Of laying out and esiab.
fishing state roads, and changing their di.
recIion in certain cases" passed March Il,
1881; an act entitled "an act to amend an
act entitled IAN act defining the mode OIL
laying out and establishing state roads, and
changing their direction in certain ~cases.''
passed March 8, 1895; an act entitled "ar
act to amend IN act defining The mode o
laying GU, and establishing state roads, ant
changing their direction in certain cases.
passed March 90, 1871; an act entitled "ar
act 10 authorize county commissioners il
this state 10 lay out and establish stat
roads" passed February eth, 1916, be
+ and the same are hereby repealed; Provi
ded, however, The repeal of said acts shall
not affect any act done, or any right or lia
biliiy accruing or accrued, or any suit, mat
ter or proceeding had or commenced unde
the provisions Of said acts.
JAMES C.JOHNSON,
Speaker Of the House Of Representatives
WILLIAM MEDlLL,
President Of The Senate.
March III, 1858.