Fremont journal. [volume] (Fremont, Sandusky County [Ohio]) 1853-1866, 1853-02-12

De appropriated, snhll nave nleo u Wtltten APP
plication with said viewers, giving descrip.
lion Of the premises on which, by them, dam
ages or compensation are claimed; Provided
further that all applications for damages shall
be barred, unless they be presented as provi-
ded for by this act
SIC. Z. That the surveyor shall survey the
said road under the direction of the viewers,
and cause the same TO be conspiciously mark
ed throughout noting the courses and distan-
ces, and at the end of each mile, shall cause
the number Of the same, and also the com
mencement and termination Of said road or
survey, to be marked on tree, or monument
erected for that purpose; he shall also make
out and deliver to one Of the viewers, without
delay, a correct certified return of the survey
Of the said road, and plat of the same; and
the viewers shall make and sign report in
writing, stating their opinion in favor of or
against the establishment or alteration Of
such road, or any part thereof, and set forth
the reasons of the same, which report togeih-
er with the plat aud survey Of said road or al
teraton shall he delivered to the county au-
dtof, by one Of the viewers, on or before the
first day of the session of the commissioners
then next ensuing. And it shall be the duty
of the commissioners. on receiving the report
Of the viewers aforesaid, to cause the same to
be publicly read on two different days of the
same meeting, and If no legal objection shall
be made to them for review of said road, or
any part thereof, or alteration, and they are
satisfied that such road, or any part thereof,
il the same be capable of division, will be of
public utility, and the report Of the viewers
being favorable thereto. and that no damages
have been clnimed or assessed, they shall, on
the third dav Of the session, cause said reports,
survey and plat to be recorded, and from
thenceforth said road shall be considered a
public highway, and the commissioners shall
issue their order to the proper supervisor or
supervisors. directing said road to be opened
but if the report Of the viewers be against
such proposed road or alteration, or if in the
opinion of the commissioners, the same shall
be unnecessary, then no further proceeding
shall be had thereon; and the obliger or obli-
gers, in the bond securing the costs ana ex-
penses, shall be liable for the full amount OF
such costs and expenses: provided, that in all
cases, where any oath or affirmation s required
to be taken by any person under the provis-
ions Of this act the same may be administered
by the surveyor or by one Of the viewers, OF
reviewers who have previously been sworn Oh
affirmed themselves.
Sec. s. That it shall be the duty of the
viewers aforesaid, at the same time at which
they are required to make their report OF
view, to make separate report, in writing
stating the amount of damages (if ANY, and
H.. 81, -. 1
which would accrue BY the opening of sale
road and they shall also file the written ap
plications on which such assessments have
been made, with the county auditor. And
the commissioners shall cause the said re porl
to be publicly read on the third day of the
session at which it was received, and if no pc.
tition for review or alteration shall have been
presented and received, and the commission.
ers shall be satisfied thet the amount SO assess
ed and determined be just and equitable, and
that the said road will, in their opinion, be Of
sufficient Importance to the public to cause
the damages which have been assessed as
aforesaid, to be paid by the county, they shall
order the same to be paid to the applicant OF
applicants from the county treasury but il, in
their opinion, the said road is not of suliicien,
Importance to the public to cause the same tc
be paid by the county, they may refuse tc
establish the same public highway, unless
the damages which have been assessed arr
paid by the petitioners But if application, by
petition, shall have been made for review OF
alteration then no further proceeding shall bt
had on the report till the final determination
of the commissioners on the application fol
review or alteration.
TO BE CONTINUED.