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

tStdOilSu tnO cd1IC puOiiO hiSh"oy
unless the damages which have beer
assessed are paid by the petitioners
But if application, by petition, shal
have been made for review or alteration
then no further proceeding shall be hac
on the report till the final determination
of the commissioners on the application
for review or alteration.
Sec. g. That after the viewers of any
county road shall have made return in
favor of the same, agreeably TO the sew.
enth section of this act, and before said
return shall be recorded. and the said
road established, il shall be lawful for
any citizen of the eounzy to apply C
the commissioners for review of said
road, by petition, agreeably TO the Sec
ond section of this act, and the commits.
sioners shall, on such petition being
presented, and they being satisfied the
same is Just and reasonable, appoint five
disinterested freeholders of the county
to review said road, and issue their or
der to said reviewers, directing them 10
meet at time 10 be specified in such
order. or within five days tnereaiter;-
and the said petitioners for review, shall
cause at least six days notice TO be CIV
en- 10 the principal petitioner for said
road, OF the time and place Of the meet
ing of said reviewers; and the said re-
viewers shall meet, after having received
the notice above required, and after Ia
king the oath or affirmation, required
by the sixth section Of this act, shall
proceed TO examine the route surveyed
for said road by the former viewers, and
make report, in writing, TO the com.
missioners, stating their opinions in ia
vor of or against the establishment OF
said road, or any part thereof and their
reasons for the same. And if the re-
port of The reviewers be in favor of said
road, the same shall be established, re-
corded, and opened, agreeably TO the
provisions of this act, and the person or
persons bound for the same. shall pay
into the county treasury the amount Of
the costs of such review; but if the re>
port be against the establishment Of
such road, no further proceedings shall
be had thereon before the commissioner,
and the persons executing the first bond
shall pay into the county treasury the
costs and expenses of the view, survey
and review Of said road.
Sec. 10. That when the place of be-
ginning, or true course of any State or
county road shall be uncertain, by rea>
son Of the removal of any monument
or marked tree, by which suckroa was
originally designated, offrofn nn3l other
cause, the county commissioners of the
proper county may appoint three disin-
terested laDdholders of the county to
review and straighten said road, if they
shall deem it necessary, and compe-
tent surveyor to survey the same; and
said reviewers and surveyor, after Ia
king the oath or affirmation required by
the sixth section of this act, shall view
and survey said road, and the same cor
rectly mark throughout, as in case of
new roads, and shall make return Of
said survey, and plat Of said road to
the commissioners, who shall cause the
same TO be recorded, as 10 other cases;
and from thenceforth said road, suryey ed
as aforesaid, shall be considered pub
lie highway.
( Sec. III. That if any person or
persons, through whose land any
state or county road is, or may be
established, shall be desirous of lurn-
ing said road through any other part
OF his or their land, such person or
persons may, by notice and petition,
agreeably TO the second, third and
fourth sections of this act, apply to
the commissioners of the county
while in session, 10 permit him or
them TO turn said road through any
other part Of his or their land, on as
good ground. and without increasing
the distance 10 the injury of the pub
lie; and upon the receipt OF such pc
tition, the commissioners shall app
point surveyor, and three disinter-
ested freeaolders of the county, as
viewers Of said road, who shall pro-
ceed 10 view and survey the ground
over which said road is proposed to
be turned, and ascertain the distance
which said road will be Increased BY
such proposed alteration, and make
out a report, in writing. stating the
several distances SO found, together
with their opinion as 10 The utility
or inutility of making said alteration,
and il said freeholders shall report 10
the commissioners that the prayer Of
the petitioner or petitioners IS rea
sonable, and that the alteration will
not place the road on worse ground.
or increase the distance 10 the injury
Of the public. they shall, upon re-
ceiving satisfactory evidence thatthe
proposed new road has been opened
a legal width, and in all respects
made equal to the old road for the
convenience of travellers, Gf in their
opinion the same will be just and reo
sonable,1 declare said new road o
public highway, and make record
thereof, and, at the same tine, va
cate 50 much OF the old road as is
embraced by the new; and the per-
son or persons desiring the alteration
IL 4