Gallipolis journal. [volume] (Gallipolis, Ohio) 1837-1919, 1853-02-10
Whole Number 895

being presented TO the trustees, and
they being satisfied that proper no.
tice has been given, as aforesaid,
they shall cause the petitioner or
petitioners to enter into bond, with
sufficient security PAYABLE 10 the
State Of Ohio, Tor the use OF the
township, and conditioned that the
person or persons making such ap-
plication, shall pay the amount Of
all costs and expenses of the view
and survey Of said road; and the
petition shall be read in open mcef-
ling Of said trustees; aud thsy being
satisfied that such Propossa road 4
necessary, They shall appoint :tree
judicious, disinterested landh0ldersof
the township, who shall constitute q
Jury, and surveyor. who shall.
after taking the oath or affirmation
required by the sixth section OF this
act, take 10 their assistancs tvs
chain-carriers, and a marker. ard
proceed, at the time directed BY The
trustees, or within three days :hsre-
after, to view the ground along
which said road is proposed TO be
established, and locate the same as
near the prayer Of the petitioner or
petitioners, as a good ROAD can be
had at reasonable expense; and
determine according to the provis-
ions OF section 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 report, in writing, TO the
trustees, setting forth their opinion,
in full, for or against the establish
ment Of such, together with state
ment Of the damages, if any.
assessed TO each person, through
whose land the road is proposed TO
be established; which report, to-
gether with a return and plat Of the
survey Of said road shall be deposited
with the township clerk, who shall
notify the trustees thereof; where
upon the trustees shall at their next
meeting, cause said report to be read,
and il the same be in favor Of es-
tablishing said road, and the trustees
deem il reasonable and just, they
being satisfied thai the damages, Gf
any bave been claimed and assessedl
have been paid or secured to be paid,
by the petitioner or petitioners, the
clerk Of the township shall enter
The said report on record. And the
trustees shall issue their order 10 the
petitioner OF petitioners, or any of
them, to open said road thirty feet
wide, and from thenceforth, the
road shall be considered a private or
township road, subject to be kept
open and in repair, at the expense Of
the applicant or applicants for the
same: Provided, however, that any
township road, which commences in
a State, turnpike, county or township
road, leading or terminating in
county, turnpike or State road shall
be opened and kept in repair by the
supervisor, in whose district any
such township road may be situated
in whole or in part; and il shall be
the duty of the supervisor to cause
so much Of the labor Of the persons
Immediately interested, in such
township road, to be applied to the
opening, or keeping such township
road in repair, as he may deem
reasonable; and the costs Of the
view and survey OF such roads shall
be paid cut Of the township treasu-
ry; but If the viewers shall report
that the prayer Of the petitioner OF.
petitioners is unreasonable and ought
not to be granted, no further pro,
ceeding shall be had thereon by said
trustees; and all costs accruing under
the provisions Of this section, shall
be paid by the person or persons
making application for such roads
except as herein before provided. I
8 Sec. So. That an appeal from-ihe
Goal decision of the trustees OF the
6wnship, on any petition or report
Tor road, shall be allowed to the
probate court, and the court may
order another view OF said road. or
make any other order which may
be Just aud reasonable in the ease:
Provided the appellant shall enter
into bonds to lbe State Of Ohio for
the use OF the township, in the sum
OF one hundred dollars, with one or
more good and'suficient sureties TO
the acceptance Of the township
treasurer, within. fifteen days from
the date OF the decision OF said trus-
tess, conditioned for the payment Of
all costs a1d expenses arising from
such appeal, il the road shall b
established by the proceeding had in
the probste court, which appeal
shall be entered with the probate
Judge within six days from the day
Of the Hing Of The bond with the