Portage sentinel. [volume] (Ravenna, Ohio) 1845-1854, 1853-05-11
ia AWS OF OHIO.
PUBLISHED RY AUTHORITY.

Defining the mode of laying and establishing roads
Sec Be enacted by the General Assembly fthe
Of Ohio That all State roads to be hereafter out
by petition to the county commissioners pro
the place Of fbegnnng, the intermediate points, any,
place of termination of said road. - !. -
twenty eehoders of each county through which may
proposed to lay out and establish State road the board
terested eehodes of their respective counties commits
sioners to view and survey said road
Aforesaid the parties in each county
eed in the location shall enter into bond witt
ties to the satisfaction of the county commissioners payable
to the State and nc tito for the
the same should not be established public highway.
to the of the third and fourth sections Of this act
which shall be at the meeting of the
misoners shall issue their order, directing the commission
them appointed to meet at the of the beginning
ensuing and the commissioners when met before directed
shall employ sku surveyor marker and
other assistants if necessary and to the discharge
the duties OF their appointments respectively Provided that
each surveyor and shall before
frmaon to discharge his duties faithfully and according
Sec each shall be laid out from the place
of beginning to the place of termination
the same always having regard points,
any, in such road and all state roads that shall be hereafter
opened and considered public highways sixty wide
Sec That the commissioners appointed to lay out and
surveyed and marked throughout the whole distance
not the and distances thereof and at the
monument erected by em for that purpose. And the
missioners and of each road acered
of the survey and plat of the whole length of said road
specing in said retn the distance the may
laid each county, and whether in their opinion pub
lie requires the establishment of said road One
complete copy of which return shall be signed by majority
of the and the surveyor and Immediately
deposited in the commissioners Office in each county in which
of said road shall be la QUIT and the auditor of
said county shall file the same in his office. s-.s
g.. N in
the establishment of such road the county commissioners
respective counties SHALL their session after
filing report order the auditor notice there
of to published in some newspaper in general circulation in
ing board notifying all the parties interested in
of the that the commissioners of the said
would hear the parties in against
of said road and the application for damages
any person the location of said road through s
their lands provided that who do not make
application damages the next regular session of the
after the publication Of said notice. shall be
dered and held have released all their claim damages
of the location said road provided further that
nas @ e
commissioners, the whole shall be continued to the
order the auditor notice other
persons interested to be published in newspaper in gem
era circulation in the county for four consecutive weeks
their next meeting that they will at such meeting hear all
applications for damages. r - s-f
selves ggeved the location Of said road through his her
premises such shall file petition in
with the ofthe proper county
lar the publication ofhe notice the
preceding sections and said commissioners shall appoint
Jury of three reehoders ofthe county,
be, after having taken oath affirmation to faith
ly and mpaly discharge the duties imposed upon them
by act proceed view the said road the entire distance
may been located through the premises of the
companans,
persons, where the known and
location of said road provided however that shall be
% obtain nsuishment of damages and right way
person through whose land said road may
Sec TO- the commissioners shall be satisfied that the
assessed and by the jury aforesaid
equitable and that said road part thereof will
N their opinion be of sufficient importance to the public
damages be paid by the county, they shall order
be paid the petitioner from the
their opinion the said road is not of sufficient impor
the public to the same be paid by tho county,
hey may refuse to establish the public highway
damages and expenses paid by the petitioners
But if there be applications for damages the damages
paid by the county or then and in either
Commissioners may establish the same public highway
and order the same ne to be- recorded
under this shall receive compensation for each day
dollar each and two dollars
commissioners 10 paid county treasury of their
respective counties the order of the county auditor; and
equally among all the interested paid
county of the respective counties,
Sec IL. appeal from the final decision of the
any petition for damages sustained the To-
state road, provided for by this act shall be
allowed the probate court of the proper county, provided
notice of such appeal be given by the appellant appel
ans during the session of the commissioners which
said decision made and the appellant appellants
SHALL within ten days enter bond with and
payment of all costs and expenses arising FROM or In conse
hereafter deliver 10 The transcript of the pro-
ceedngs had before the and the reception
upon such transcript against the obgors in the bond
the fourth section of this act which writ shall be
such suits the appellant shall be plaintiff and the said ogrs
the return of service of such writ the
Judge shall issue venire for jury of six dsneresed free
the county, who after taking oath affirmation,
faithfully and mpara to discharge the duties of their
shall proceed the day named in said yenire to
view determine the matter complained of and without
delay deliver their decison in writing to the probate judge
who shall the record with the former proceed
ngs; and certify the decision obtained in said court the
county auditor and the decon made and entered record
That in all of appeal from the final decision
county in the twelfth section
this act the appellant or appellants shall pay all costs that
in Of said appeal unless the award
amount the award rendered by the jury appointed by
the county commissioners.
Sec H. That if upon the reception decision obtaIe
in probate the Commissioners shall deem
such of sufficient importance to the
BY the county, they may refuse establish the unless
the parties interested in the location of said road shall
faction of county commissioners said road esab
shed highway and damages assessed
if in their opinion part only of said will public
utility and establish part reject
Is That in such expense and damages paid
secured to be paid the direct
be paid by the county, then and in either they
shall enter order that said road be established public
highway 49,,
Sec is. That for their services required by the twelfth and
sections of this act the officers and other
required perform services shall each be entitled the
fees they entitled to by law for like services other
cases. the auditors to be paid out of county treasury
judge and others entitled to fees be taxed in the bill
costs in the cause in court.
That shall be lawful for the county commission
ers of county in this state, upon notice given in
newspaper in general circulation in the county, four
secutve weeks, and petition being presented to them,
signed by at least twelve eehoders county,
ing reducing the width any which
may hereafter be laid and established
shall deem just and proper to do the width Of
forty feet and shall order the county auditor to made record
of the same; Provided that the shall
making order the essening reducing the Won OF
state provided for BY this three
dsnterested citizens county, to view and 70
nner oath or affirmation, the utility inuity OF such
change and also the width which in their opinion
would be necessary. ,a.,.sa ,,od. 80