The Democratic sentinel. [volume] (Cadiz, Ohio) 1852-1853, 1853-02-09

shall be established and opened, or altered;
and also as jury discharge the duties re-
quired of them by the fourth section of this
act. And the said viewers shall, in addition
to their duties as viewers, also at the same
time assess and determined the damages,
sustained by any person or persons through
whose premises the said road is proposed TO
be established: Provided, that such viewers
shall not be required TO assess or award
damages or compensation to any person or
persons, except minors, idiots or lunatics, in
consequences of the opening of said road, un-
less the owner or owners, or their agents,
having notice, as provided for in the forego-
ing section, of the application and proceed
inSs by which his, her, or their properly is
sought to be appropriated, shall have filed
written application with said viewers, giving
description of the premises, on which, by
them, damages or compensation are claim
ed: Provided further, that all applications
for damages shall be barred, unless they be
presented as provided for by this act.
SEC. Z. That the surveyor shall survey
the said road under the direction of the
viewers, and cause the same to be conspicu-
ously marked throughout, noting the cours.
eS and distances, and at the end of each mile.
shall cause the number of the same, and al.
so the commencement and termination of
said road or survey, to be marked on a tree,
or monument erected for that purpose be
shall also make out and deliver to one of
the viewers, without delay, correct certif-
ed return OF the survey of said road, and a
plat OF the same; and the viewers shall make
and sign report in writing, stating their
opinion In favor of or against the establish
ment or alteration of such road, or any part
thereof, and set forth the reasons of the
same, which report, together with the plat
and survey of said road or alteration, shall
be delivered TO the county auditor; by one
OF the viewers, on or before the first dav 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,
If 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 claimed or assessed, they shall
on the third day of the session, cause said
reports, survey and plat to be recorded, and
from thenceforth said road shall be consid-
cred public highway, and the commission
ers shall issue their order TO the proper su-
pervisor or supervisors, directing said road
TO be opened; but if the report of the view.
ers be against such proposed road or altera-
ton, or if in the opinion of the commission.
ers. the same shall be unnecessary, then nc
further proceeding shall be had thereon; and
the oblgor or oblisors, in the bond securing
the costs and expenses, shall be liable fol
the full amount OF such costs and expenses
provided, that in all cases, where any oatf
or affirmation is required to be taken by any
person under the provisions of this act, the
same may be administered by the surveyor
or by one of the viewers, or reviewers who
have previously been sworn or affirmed
themselves.
SEC. 8. That it shall be the duty of the
viewers aforesaid at the same time at whicl
they ane required to make their report o
view, to make separate report, in writing
stating the amount of damages, (if any,
and to whom, which BIZ them have been as
sessed, which would accrue by the opening
of said road; and they shall also file tht
written applications on which such assess
ments have been made, with the county au
ditor And the commissioners shall caus,
the said report to be publicly read on tn,
third day OF the session at which it was re
ceived, and if no petition for review or alter
alton shall have been presented and receiv
ed, and the commissioners shall be satisfied
that the amount so assessed and determined
be just and equitable, and that the said roal
will, in their opinion, be of sufficient import
ance to the public to cause the damage
which have been assessed az aforesaid, L
be paid by the county, they shall order tn
same to be paid to the applicant or appli
cants from the county treasury; but if, il
their opinion, the said road is not of sufi
cient importance to the public to cause tn
same to be paid by the county, they ma,
refuse to establish the same public high
way, unless the damages which have beel
assessed are paid by the petitioners. Butt
application, by petition, shall have beel
made for review or alteration, then no fur
ther proceeding shall be had on the repor
till the final determination of the commission
ers on the application for review or altera
ton. .+r. ..s .aae.. ...s. fH .. a
Sec. 9. That after the viewers of an
county roads shall have made return in favo
of the same, agreeablv to the seventh sectio
Of this act, and before said return shall b
recorded, and the said road established,
shall be lawful for any citizen of the count
to apply to the commissioners for a revie
OF SAID road, by petition, agreeably to tn
second section of this act, and the commi
sioners shall, on such petition being presen
ed, and they being satisfied the same is iu
and reasonable, appoint five disintereste
freeholders of the county TO review sal
road, and issue their order to said reviewer
directing them to meet at time to be spt
, cited in such order, or within five day
thereafter; and the said petitioners for re
view, shall cause at least six days notice :
be given to the principal petitioner for sal
road, of the time and place OF the meeting {
said reviewers; and the said reviewers sha
meet, after having received the notice abov
required, and after taking the oath or afr
e mation, required by the sixth section OF thi
, act, shall proceed to examine the route SUI
veyed for said road by the former viewer,
and make a report, in writing. to the con
missioners, stating their opinions in favor I
! | n = % y