Meigs County telegraph. [volume] (Pomeroy [Ohio]) 1848-1859, 1856-04-29
LA WS OF OHIO.
PORLIsHED BY Authority
AN ACT

OTueT OI INC county commissioners Tor IN
establishment of county road, or for tn
alteration or vacation, in Whole or in part
of q state or county road, shall be executed
until twenty days shall Lave elapsed afte
the entry Of such order in the record ofth
commissioners, N 81. pj
SEQ 9. That an appeal from the 6na
order Of the county commissioners establish
ing county road, or altering or vacatins
in whole or in part, state or county road
'''inay betaken to the probate court of'eth,
same county BY any person or persons
having an estate in fee, for life, orpyears, il
any lands or tenements3 situate many town
ship in said county in OF through which
township such new, altered OF vacated road
passes, or by the husband Of any married
woman. or guardian Of any ward, having
such An estate. eN
SEC 3 Thatin order to perfect such an
appeal, il shall be necessary for the appel
lant or appellants, to execute with sufficient
sureties. or cause to be executed by suffi-
! cient sureiies, to be approved by the coun-
ty auditor, d bond or undertaking, payable
sothe state of Ohio, in penal sum, Of not
less than one hundred nor more than three
hundred dollars, in the discretion of said
auditor, conditioned for the payment by such
appellant, or appellants, of all costs that
may be adjudged against him, or them, in
the probate court, or in any other court
to which the proceeding may be removed
by petition in error, which bond shall be
filed with said auditor on or before the
twentieth day after the entry OF the order ap-
pealed from in the record Of the commission
crs. But minors, idiots and lunaLics, or
their guardians respectively, may appeal
without giving bond, by causing an entry
to that effect to be made, within the period
aforesaid, by the county auditor in the rec.
ord Of the commissioners.
SEC. 4. Within ten days after the fling
Of an appeal bond as aforesaid, or the ma
king of an entry for an appeal as aforesaid
the county auditor shall transmit to the pro
bate court, the original papers in the premi
ses and also certified transcript, from the
record of the commissioners, of all proceed.
ings and orders had or made bv or before
them, therein; upon the receipt OF which
the probate judge shall forthwith docket the
proceedings, styling the petitioners, plain.
tiffs; and the appellant, or appellants, de-
fendant or defendants; and shall set day
for the hearing thereof, which shall not be
later than the twentieth day after such doc.
keting of the appeal e
SEC. 5. If, upon the hearing of said mat
ter it shall appear that the proceedings pre-.
vious to the appeal, were in substance reg
ular and legal. and if no exception be taken
by any claimant of damages to the assess.
ment returned to and dapproved by the coun.
ty commissioners, it shall be the duty OF
the Probate Court to affirm the order of the
commissioners, and to enter judgment
against the appellant, or appellants, for all
costs created by the appeal.
But if said previous proceeding shall be
found to be substantially erroneous, the
court shall set them aside, and order anoth.
er view Of three disinterested frecholders Of
the county to be appointed by the court whc
shall perform the same duties that are re-
quired by the act aforesaid of viewers ap
pointed by the county commissioners, ex
cept that they shall make their return to the
probate court.
The orders to said viewers shall specify {
place where, and day upon which-ol
within two days, Sunday excepted, thercaf
tcr--they shall meet to commence the per
formance of their duties, and shall require
them to make their report en- or before
day therein specified, which shall not be la
ter than the twentieth day after the entry o
the order in said court.
The court shall also appoint a surveyortc
attend said viewers and perform the duties
required by the act aforesaid Of surveyors
who shall have power to take to his assist
ance two chainmen and a marker, all .
whom shall be dsinteyeSted aud he shal
deliver report and plat Of his survey tt
one Of said viewers in time to b. returned
with tLeirreport; and 1t shall be so returned
SEC. Q. Ii The proceedings and report 0
the viewers and surveyor, or OF the review
els hereinafter mentioned, shall be substan
TALLY legal, and shall also substantially co
incde with the order of the commissioner
appealed from, the court shall confirm sucl
proceedings and report, and shall render
judgment against the appellant, or appel
lants, for the costs created by the appeal.
Or. if the report of said viewers shall b.
favorable to the petitioners, but shall ma
terially vary from the order appealed from
the court shall, nevertheless, confirm tn,
same, if the same be Within the scope o
the petitioners and substantially legal; anC
the court may in such case, require all tn,
costs created by the appeal to be paid b,
the appellants, or by the petitioners, or
portion of them by the one party and tn
residue by the other. as may be equitable
and shall render ajudgment, or judgments
ccoldingly.g~ rg,p, .sm,1. d--
So SEc.7. If the report os the viewers, ap
pointed by said court, shall be- adverse tt
establishing, altering or vacating the road
the court shall, upon the motion of the pc
ttioDers, or anV twelve of them, but no
otherwise. order review by FIVE disinteres
ted freeholders of the county, to be appoint
cd by the court, to whom an order, simila
to that herein before prescribed in respeC
to viewers, shall be issued; and such review
h.ers shall examine the proposed new road
or alteration, or road, or part thereof pro
posed To be vacated, as defined or referre'
to in the order appealed from, and report il
swfiting to the court their opinions for o