Fremont journal. [volume] (Fremont, Sandusky County [Ohio]) 1853-1866, 1853-02-19

it shall be the duty Of the trustees ~ aach iof
the several townships adioinining such fosd,
10 select one from each Of their number wfioae
duty il shall be to meet at some convenient
place near the line of the same, (the time and
place to be appointed 10y the oldest township
interested,) previous to the time appointed by
law for apportoning labor to their respective
! road districts, and shall assign sutheient
number Of persons 10 open such road and keep
the same in repair, dividing the road in such
manner that the persons SO assigned may Work
under the orders Of the supervisors 10 tne
township to which they belong; and the SUI
pervisors and person. 50 assigned, Shall be
governed by the provisions herein consain-'
ed.
Sec. is. That when any county road. shall
be considered useless any twelve freeholders.
residing in that part Of the county where such
road is established, may make application, by
petition. agreeable to the second aud inurtir
sections of this act, to the commissioners ofths
county, to yacate the same, setting forth IN
said petition the reasons why said road ought
to be vacated; which petition shall be preseu.s
ted and pubHcally read alta regular session.ut
the commissioners, when il shall again b'
read as aforesaid and ifno objections be made
the Commissioners may declare SAID road va
Gated, or any part ther eof which they may
deem unnecessary to keep open for publid
convenience; but if objections be made, ~
writing, agreeable to the second section OF
this act, the commissioners shall appoint three
disinterested persons to view said road who
shall take the same oath or affirmation AS re-'
qured by the sixth section Of this act, aud
proceed to view the road aforesaid and EnakS
a report Of their opinion thereon. and the rea-
sons for the same. to the commissioners; and
if said reviewers shall report In favor ofv
ting said road or any part thereof the COM
mssoners may, il they shall deem 1t reasonas
bic and just declare said road vacated, agree
ably to the report of the viewers. t1s
Sec l6. That it any person, who shall be-
appointed by the county commissioners as n
viewer, reviewer, or seyor of any road, shall
refuse or neglect TO perform the duties require
ed by this act, without making. satisfactory ex-'
cuse for such refusal neglect, he shall be
lined in any sum, not exceeding tive doiiarsg
to be reco.efed by action Of debt by any pero
son SUNG for the same, before any justice Of
the peace, within the township wherein this
person appointed and refusing or neglectIng
may reside, and shall be paid over without
delay by the Justice of the Peace, or Constass
bIe collecting the same to the Treasurer OF
the township. taking his receipt therefor. And
the trustees shall cause al fines which shall
be paid into the township treasury, under thes
provisions Of this act, 10 be expended on roads
and bridges within their townships
Sec H. That all persons, required to ren.
der services under this at shall receive eom-'
pensation for each day they shall necessarily
be employed, as follows, to wit: viewers aud,
reviewers, one dollar and fifty cents; chain
carriers and markers, one dollar, each: aud
surveyor two dollars; to be charged as cost
aud expenses and paid out of the county
treasury ON the orde jrof the COUNTY, Auditor.
Sec. 8. That an appeal from the final de'i
csion OF the commissioners for new county
road, or for vacating altering or reviewing any
State or county road, shall be allowed to the
OF common pleas; provided, that notice of suchl
appeal be given by the appellant or
appellants during the same session Of the com1
mlssioners at which said decision was made;s
and the appellant, shall, within fifteen days
thereafter enter into bond with good and sufs
icient security, to be approved by the county
auditor, for the payment VI all costs and eX-s
penses arising from such appeal: Provided
that minors, diots and ldnatics, or their glar-s
( dians, may appeal without giving bond; andi
! tie court Of common pleas may. if in their o.
! pinlon Justice and the interest Of the public
req are the same, order anothor view or re-
view Of such road, or make any otler order
which they may deem just any reasonable ia
the case and the decision Of the court of com.
mon pleas; in the case removed before them
by such appeal shall be tina, and no flnal or
der shall issue in any Of the cases aforesaid
until after fifteen days shall have expired from
the time Of making such decision, at which
lime the auditor shaissu such order, unless
an appeal has been perfected sgreeaby To- ths
provisions of this section.
Sec 10. That nc writ Of certiorayi shall ba.
allowed to remove any proceeding Ind under
this act after the lapse Of one year from the
Time Of making the lnal order in such proceed
ing by the county commissioners.
{ SEC. 20. That the decision of tie court Of
common pleas, on petitions for roads, taken in-,
to said court by appeal, as provided for in the
eighteenth section OF this act, together With
plat, survey, or pertinent description of tho
road as established by said court shall bs
/. certified back to the county auditor and be by
: him recorded in bis record Of roads. and Or
. dered TO be opened as in other, aases. 60,
f. SRC. II. Ihat Iur their services requiIrd
q by this act. the auditor and Tie oficers of the
) court shall each be entitled to the sifie fees
c as they are eptited to by law Tor Ike services
n oIhef cases; the auditors to be paid out OF
4 the county treasury. and the o!Hcrrs' fees Of
the court to be taxed 10 the bill Of eos,s in lAs
cause IN court.
SEo. %. That IN appeal from the faal der
r cslon OF the county commissioners, fol di.iva.
ges sustained, on the petition for any new
county road. or Tor altering any state OF euaR-l
p ty road as provided for by tins act, snail bs
allowed to the probate court, provided that
notice shall be given aad bond fled agreea-s
bly, To lhe eighteenth section OF this acti ald
d and the appellant shall within ten days lhere,
after, file a transcript Of the proceedings hAds
r before the commissioners With the probassi
; judge, who shall mmsgiately issue writ ofi
; summons upon such transcript against thr
oblItrors in tAa hond filed undnr thp sprtibd