The spirit of democracy. [volume] (Woodsfield, Ohio) 1844-1994, 1853-02-16

passee through the premises h controversys n.d
return their decsio,l 10 writing, 10 The Probate
Court. and the Judge shall enter The sane fthe
record with the former proc sediags. aid The de-
cision made and entered on record a. sfortGds !
shall be final, except as hereinafter provided
Sec a. That the decision obtained ID the
Probate Court, as provided for by the twenty.
second and tweVty third sections Of this act. shall
be certified back to the county Auditor, and u the
county Commissioners shall not sdeen'sucl road
OF sufficient importance to the public to cause the
expenses incurred and damages assessed IN the
Probate Court ta be paid by the countv, they may
refuse to establish the same unless the parties n-
lerested in the location of said road shall pay or
cause to be paid before the opening Of said road,
10 the satisfaction Of the county Commissioners,
in case said road is established as highway. all
expenses incurred and damages assessed: Provi.
ded, however, that it shall be lawful for the Com.
missioners If in their opinion part only OF said
road will be Of public utility I, record aud estab.
sh such useful part and reoct the residue, IN case
it be capable Of division
SEc 25. That in case such expenses and dam.
ages are paid or secured to be paid, as aforesaid
or the Commissioners direct the same to be paid
BY the county. then and in either case, they shall
enter an order that said road be established pub
lie highway. gs6 .o,s. ~
SEC, e. That for their services required by
the twenty.second. twenty third and twenty fourth
sections Of this act, the officers and other per
sons required to perform services shall each be
entitled TO the same fees they are entitled to by
law for like services in other cases, the Auditor
10 be paid out of the county treasury and the
Judge and others entitled to fees to be taxed 10 The
bill of costs in the cause in court. 49,.
SEC. 81. That when any state or county road
H. al ,lo h,,t tha of
lake. river or creek, il shall be the, duty OF the
trustees of the township in which such injury OF
ioss of road shall have occurred, upon petition ol
any six eeholders Of the township. to call to their
aid competent surveyor. and proceed to examine
such Ioad, as may have been thus injured or des.
troyed; and il upon such examination, said trus.
tees, or majority Of them. shall be satisfied that
such road has been destroyed, or SO much injured
that the public good requires an alteration Of the
same, they shall proceed to alter and lay out SO
much Of the new road as may supply the several
parts of the road thus destroyed or Injured: Pro.
vided, that il any person or peTsons, through
wl,ose lands any such alteration or new road shall
be laid out shall feel injured thereby such person
or persons shall make application tu the trustees,
at the time nf making the alteratoron his or their
premises to assess and determine, according to the
provisions of the fourth section Of this act, the
to be made in money for the prop
erty sought to be appropriated; how much less
il any, the premises will be rendered by
the alteration of said road; and the said trustees
and surveyor shall make report Of their doings,
in the manner pointed out as the duty Of the view
ers and surveyor in case Of new roads; and the
Auditor and Commissioners of the proper county
shall be governed in the reception and recording
of said report, in all respects, as is prescribed IN
this act in asea of new roads
SEC. 28. That the surveyors and trustees shall
receive for each day they are necessarily employ-
ed under the provisions of the twenty.seventh
section Of this act, the same compensation allow
ed to surveyors and viewers in case Of new roads
the surveyor to be paid out Of the caunty treas,i-
ry, on the o,der of the county Auditor; and the
trustees out Of the township treasury on the order
Of the township clerk. .!.., n
SEC. 90. That any county road. or part thereof,
which has heretofore, or may hereafter be author.
lied, which shall remain unopened Tor public Use
for the space Of seven years after the order made
or authority granted for opening the same. or the
part thereof remaining unopened, shall be, and
the same 10 hereby, vacated, and the authority
granted for erecting the same barred by lapse Of
time, end any State road part Of any State road
which has heretofore been authorized. which shall
remain unopened for public use tor the space Of
ten years after the passage Of the act authorizing
the same, shall be vacated, and the authority for
opening repealed for uon user. = s,-s-iitf..,t
TOWNSHIP ROADS. st.,.a s.
SEC. 30. That if any person or persons shall,
for the convenience of themselves and neighbors,
wish to have township road laid out, from the
plantation or dwelling place of any person or per.
sons; or from any mill, or house Of public wor-
ship; or to any public road; or from one public
road TO intersect another, II shall be lawful for
such person ur persons to petition the trustees of
the proper township, tor the same. after giving
thirty days previous notice thereof. by advertise.
ment posted up at three public places within said
township setting forth in said advertisement the
time when such petition is to be presented, the
place of beginning, intermediate points, if any,
aud place Of termination of said road. Inv.
SEC. 81 That on such petition being present.
ed TO the trustees, and they being satisfied that
proper notice has been given, as aforesaid, they
shall cause the petitioner or petitioners TO enter
into bond, with sufficient security payable to the
State of Ohio, for the use of the township, and
conditioned that the person or persons making
such application shall pay the amount of all costs
and expresses Of the view and survey Of said road;
and the petition shall be read in open meeting Of
said trustees; and they being satisfied that such
proposed Rad is necessary. they shall appoint
three julicious, disinteresied Iandholders OF the
township, who shall constitute a jury, and sur.
veyor, who shall. after taking the oath or affrma.
ton required by the sixth section OF this act. take
to their assistance two cham carriers, and mark.
er, and proceed. at the time directed by the trls-
tees, within three days thereafter, to view the
ground along which said road is proposed to be
established, and locate the same as near the pray.
er Of the petitioner or petitioners, as a good road
can be had at a reasonable expense; aud deter.
mine according to the provisions of sectien four
of this act. the compensation which shall be paid
to the owner or owners of the land through which
it is proposed to establish the same, and the
amount Of damages he, she, or they may sustain.
SEC. 80. That the viewers shall make re-.
port. in writing. to the trustees, setting firth
their opinion, in full, for or against the establish
ment Of such, together with a statement Of the
damages. il any, assessed to each person, through
whose land the road is proposed to be esisbIisbed
which report. together with return and plat Of
the survey Of said road shall he deposited with
the township clerk, who shall notify the trustees
thereof; whereupon the trustees shall at their
next meeting, cause said report to be read and IL
the same be in favor Of establishing said road !,
and the trustees deem il reasonable and just th "
being satisfied that the damages. III anv have been
claimed and assessed, have been paid or secured
to be paid. by the petitioner nr petitioners, the