The Ashland union. [volume] (Ashland, Ashland County, Ohio) 1854-1868, 1856-04-23


appearing in said township necessary TO .
right understanding Of the same; and note
in said book the date Of such recording,
aud theneeforth the said road shall be os-
t~ablished, vacated, or altered, as the case
may be; and he shall issue the nee >ssary
orders for the payment of the damages.
But if the damages 50 assessed exceed,
in the aggregate, the amount ordered to
be paid out of tho county treasury ~
aforesaid, the auditor shall lay said papers
aud transcript before the county commits
sioDers at their next session, who may
thcreupon establish such road or ~altera-
ton, and order the damages TO be paid
out of the county treasury, or refuse to
establish the same unless the damages,
or such portion as they shall require, be
paid, within such time as they shall dcs-
ignate by the petitioners.
SEC. II. If the appeal from the coun-
ty commissioners was under the tenth
section ofthis act, and the damages assess
ed in that court in favor of all the appel
lants, shall not, together with the dsma'
ges awarded to the claimants who did not
appeal, exceed the amount which the COM
missioners had, before tho appeal, ordered
to be paid out of the county treasury, the
auditor shall issue the necessary orders
for the payment of all said damages; and
the road or alteration, shall be considered
as established from the date If the final
order in the probate court, with the dam
ages awarded to claimants not appealing,
shall exceed the amount SO ordered to bo
paid out of tho county treasury by the
commissioners, the auditor shall lay thu
~ r. 49, - ~
probate judge, before the commissioners
at their next session, and they shall act
upon the same as in the case mentioned
in the preceding section ; provided, how
ever that it shall be lawful for the commits
s%ioners, if, in their opinion, . part only
of a road viii be of public utility, 20 record
and es,ablish such useful part, and reject
the res duo provided such division can be
made without affecting the rights of any
person entitled to damages.
SEC. 18. The township clerk receiving
a transcript from the probate judge as
trustees, and they shall make an order in
confur.aity with the decision of the pro-
bate court.
SEC 10. All township roads hereto
fore or hereafter established, ar hereby de-
clared to be public highways but nothing
herein 81 all be construed to require them
to be established or altered at the public
expense, or to be kept in repair at the
public expense, further than is provided
by the act to which this is an amend
ment.
Sec 20 The fnal decision of the pro-
bate court made under tho provisions OF
this act, or the act to which this is an
amendment, may be reviewed, upon q Pc
tition in error, by the court Of common
pleas of the proper county; but shall not
be reversed for any defect in form if found
to be substantially correct. Upon q re-
~versal, the court of common pleas shall
have power to award q writ of proeedendo,
when deemed necessary.
Sec. 81. For their services re luired by
this act, or the act to which this is an
amendment, the officers therein mentioned
or referred to, shall eash be entitled to the
sans fees as they are entitled to by law
for like services in other cases. The per-
son or persons appointed to show prenis-
es to a jury as provided in the eleventh
section of this act, shall receive spch CON-
pensatioD, to be taxed in the cost bill, as
the court shall direct.
SEC. D. That section two of the acts
to which t; is is amendatory, be SO amen
fsd as to read as follows SIC 2. That
all applications for laying out, altering
or vacantiug any State road within the
county, shall be by petition to the county
commissioners, sig led by at least twelve
free holders of the county, residing In tho
vicinity where said road Ia TO be laid out,
viewed, reviewed, altered or vacant, and
one or more Of the sigDers to any petition
presented as aforesaid, shall enter into
bond with sufficient security payable to
the State IF Ohio for the use of the coun-
ty, conditioned that the person or persons
IN king such application shall pay into
the treasury of the county the amount OF
all costs and expenses aceruing thereon N
case the prayer Of said petitioners shall NOS
be gradte1, or when the proceedings bad
in pursuance thereof shall not be finally
conir ned and established, and on ncg'eet
or refusal of the persons SO bound, afeer .
liability shall have accrued, the auditor
of the county shall deliver such bond to
the prosecuting attorney, whoes duty 1t
shall be to collect and pay over the same
to the county treasurer, and in all eases
of contest the court having Jurisdiction of
the case shall nave full power to render
Judgement for co, to according to justice
between the parties.
SEC. %. That the third section CT said
act be aud is hcrby so amended as to read
as follows: Sec g.. That all petitions
for laying out, vacating or altering any
county Rad, or altering or yacatiug any
State road within the county shall spcci-
fy the place of beginning the intermediates
points, if any, aud the place of termina-
ton of said road or part proposed to be
altered or vacated.
SEC. "a. The second, third, eighteenth
twentieth, t~wenty-irst, twenty-second,
twerty-thiri, twenty-fhurth, t~Wenty-6fth,
aud twenty sixth sections of the act to-
which this is an amendm ut are hereby
rope led.
April s, 1856.
n II. VAN WORRIES
.Spcaher IF tie House If Rps
THOMAS Il FORD,