Spirit of the times. [volume] (Ironton, Ohio) 1853-1858, 1853-02-15

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the public, IL such roa.l, or any par
thereof shall be established and opened
OF altered; and also as q jury discharge
! the duties reqvirel Of them by the (ourtl
section of this act. And the said view
ers shall, in addition TO their duties q.
viewers, also at the same time assess and
determine the damages, sustained by any
person or persons through whose premi'
scs the said road is proposed to be estab.
shell: Provided, that such viewers shall
not be required to assess or award DANA
ges or compensation TO any person OF
persons, except minois, idiots or luna.
lies, in consequence Of the opening oI
said road, unless the owner or owners,
or their agents, having notice, as provid.
ed for in the foregoing section, of the
application and procte lings by which
his, her, or their property is sought to be
appropriated, shall have filed u written
application with said viewers, giving q
description of the premises, on which
by them, damages or compensation nre
claimed: Provided further, that all ap.
plicaii,ns Gr damages shall be barred,
unless they be presented as Pfovide-l for
by this fct.
Sec. :. That the surveyor shall survey
the said road under the direction Of the
viewers, anl cause the same TO be con
spicuousIy marked throug hout, noting
the courses and distances, and at the
end Of each mile, shall cause the Nun.
Der OF the same, and also the commence.
ment and termination of said road OF
survey, TO be marked on tree, or mon.
ument erected for that purposo; he shall
also make out and deliver to one Of the
viewers, without delay, correct certi.
fed return Of the survey of said road,
and plat Of the, same; and the viewers
shall make and sign report in writing,
stating their opinion in favor of or a.
gainst the establishment or alteration oi
such road, or any part thereof, and set
forth the reasons of the same, which re.
port, together with the plat and survey
Of said road or alteretion, shall be de.
livered to the county auditor, by one Of
the viewers, on or before the first day oi
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, 10 cause
the same to be publicly read on two diff.
lercnt days Of the same meeting, and il
no legal objection shall be made to them
for review Of said road, or any part there.
of, or alteration, and they are satisfied
that such road, or any part thereof, iftbe
same be capuble Of division, will be Of
public utility, and the report ofthe view.
ers being favorable thereto. and that no
damages have been claimed or assessed
they shall, on the third day Of the ses.
sion, cause said reports, survey and plat
to be recorded, and from lhenceIortI
said road shall be considered a public
highway, and the commissioners shall
issue their order 10 the proper supervis
or or supervisors, directing said road to
be opened: but if the report of the view
ers be against such proposed road or al
teration, or if in the opinion of the com
missioners, the same shall be unneces
sary, then no further proceeding shall be
had thereon; and the obligor or obligors
in the bond securing the costs and ex'
penses, shall be liable for the full amoun
Of such costs and expenses: provided
tina, in all cases, where any oath OF af
frmation is required 10 be taken BY
any person under the provisions Of this
act, the same may be administered By
the surveyor or by.onc Of the viewers, o.
reviewers who have previously beer
sworn or affirmed themselves.
Sec. s. That it shall be the duty Of tho
viewers aforesaid, at the same time a
which they are required to make their re
port Of view, to make separate report
in writing, stating the amount of dana
-ges, (if any,) and to whom. which b,
them have been assessed, which woult
accrue by TIE opening Of said road; ant
they shall also file the written applica
tions on which such assessments have
been made, with the county auditor. AND
tho commissioners shall cause the sa(
report to be publicly read on the thirt
day ofthe session at which it was recciv
cd, and if no petition for review or al
teration shall have been presented an,
received, and the commissioners shal
be satisfied that the amount SO assessec
and determined be just and equitable
and that the said road will, in their O
pinion, be Of sufficient Importance to tn,
public to cause the damages which hav,
been assessed as aforesaid, to be paid b,
the county, they shall order the sam tc
be paid to the applicant Or applicant.
from the county treasury; but if, in ,hci
opinion, the said road is not of suificien
Importance to the public to. cause til,
same to be paid by the county, they ma,
f refuse to establish the same publ,
highway, unless the damages which hav,
been assessed are paid by the petition
, ers.-But if application, by petition
, shall have been made for review or al
teration, that nc further proceeding shall
, be had on the report till the final deter
mination Of the commissioners on tn
application for review or alteration.
Sec. 9. That after the viewers of an,
county road shall have made return il
favor Of the same, agroeably to the I'll
section ofthis act, and before said return
shall be recorded, and the said road cs
tablishel, it shall be lawful for any citi
zen of the county to apply to the com
n,iesionere FIR n raview Of said rood h,