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

Ctssdrlly Uc tHptOgeu, u IOIIOWby u VIII
viewers and reviewers, one dollar and fifty
cents; chain carriers and markers. one dol.
lar; each; apd 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. ls. That an appeal from the finaI
decision of the commissioners for a new
county road or for vacatipg, altering or re-
viewing any State or. county road, shalt be
allowed to the court of common pleas: pro-
vidcd, that notice of surlf appeal be given by
the appellant or appellants during the same
session of the commissioners at which said
decision was made; and the appellant shall
within fifteen days thosedfter, enter into
bond with good and sufficient security, to be
approved by the county auditor, for the pay
ment of ali costs and expenses arising from
such appeal: Provided, that minors, idiots
and lunatics, or their guardians, may appeal
without giving bond; and the court of COM
mon pleas may, If in fheir opinion justice
and the interest Of the eNbublic require the
same, order another view or review 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, un-
til after fifteen days shall have expired from
the time of making such decision, at which
time the auditor shall issue such order, un-
less an appeal has been perfected agreeably
! to the provisions of this section.
SEC. 10. That no writ of certiorari shall
be allowed to remove any proceeding had un
der this act. after the lapse Of one year from
the time of making the final order in such
proceeding by the county commissioners.
| SEC. ~. That the decision of the court
of common pleas, on petitions for roads, "a
ken into said court by appeal, as provided
for in the eighteenth section of this act, to-
gether with plat, survey, or pertinent de-
scription of the road as established by said
court, shall be certified back to the county
auditor, and he BY him recorded in his rec
ord of roads, and ordered 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 as they are entitled to by law for like
services in other cases; the auditors to be
paid out of the county treasury, and the Of
licer's fees of the court to be taxed in the
bill of costs in the cause in court.
Sec. %. That an appeal from the final
decision of the county commissioners, for
damages sustained, on the petition for any
new coGnty road, or for altering any State
or county road, as provided for by this act,
shall he allowed TO the probate court: provi-
dcd, that.notice shallb given and bond filed
agreeably to the eighteenth section of this
act; and the appellant shall within ten days
thereafter, file transcript of the proceed
ings had before the commissioners, with the
probate Judge, who shall Immediately issue
writ sof suuraionss upon asuch transcript,
araiust the .obhgors in the bond hled under
the second section OF this act, which writ
shall be served and returned as other writs
of like character; and in such suits the ap-
p eIlunt sholl be plain;if, and the said obli-
gors defendants. =.
SEC. 90. That upon return of service OF
such writ, the Judge shall issue venlre for
n iury Of six disinterested citizens OF the
county, who, after having been sworn faith
fully to discharge the duties of their appoint
ment, shall proceed on day to be named IN
said yenire, to examine personally the line
OF the proposed road, whereit passes through
the premises in controversy, and return
their decision, in writing, to the Probate
Court, and the Judge shall enter the same
in the record with the former proceedings
and the decision made and entered on rec
ord as aforesaid, shall be final, except as
hereinafter provided.
Sec. "a. That the decision obtained in
the probate court, as provided tor by the
twenty second and twenty third sections OF
this act, shall be certified back to the county
auditor, and if the county commissioners
shall not deem such road of sufficient lmpor-
tancc to the public to cause the expenses
incurred and damages assessed in the pro-
bate court to be paid by the county, they may
refuse to establish the same, unless the par
ties interested in the location of said road
shall pay, or cause to be paid before the
opening of said road, to the satisfaction of
the county commissioners, in case SAID road
is established as highway, all expenses in
Cured and damages assessed: Provided,
however, that it shall be lawful for the COM
missioners, fin their opinion part only OF
said road will be of public utility, to record
aud establish such useful part anu reject the
residue, in case it be capable oi division.
Sec. 25. Thatin case such expenses and
damages are paid, or secured to be PAID, as
aforesaid, or the commissioners direct the
same to be paid by the county, then, andin
either case, they shall enter an order that
said road be established public highway. :,
SEC. 25. That for their services required
by the twenty-second, twenty third anu
twenty-fourth sections of this act, the Off
GERS and other persons required to perform
services shall each be entitled to the same
fees us they are entitled to by law Tor Ike
services in other cases, the auditors to be
paid out cf the county treasury anG The
Judge and others entitled to fees to be taxed
in the bill of costs in 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 occurred, upon petition OF any SIX Tree,
holders of the township, TO call to their and
a competent surveyor, and proceed to exam
Inc such road, as may have been thus inJu'
red or destroyed; and ifupon such eXamina-
ton, said trustees, or a majority OF them,
shall be satisfied that such road has been de-
stroyed, or SO much injured that the public
good requires an alteration OF the samc' they
Shall proceed to alter and lay out SO much OF
the new road as may supply the several parts
ofthe road thus destroyed or injured: ProVl-
ded, that if any person or persons, through
whose lands any such alteration or new
road shall be laid out shall feel injured there
by, such person or persons shall make uP-