M'arthur Democrat. (McArthur, Vinton County, Ohio) 1853-1865, 1856-05-08
INo. 94.l AN ACT

fAA' - ANNN'
INo. 94 AN ACT
To oamend the act entitled "an act for open.
ing and regulating Roads and Highways"
passed January 81, 1853.
SECTION l. Be ii enactcd BY the General
Assembly of The State Of Ohio, That no order
OF the county commissioners for the estab.
lishment of a county road, or for the altera-
ton or vacation. in whole or part, of state
or county road, shall be executed until
twenty days shall have elapsed alter the en-
try OF such order in the record of the com
missiOners.
SECTION 9. That an appeal from the final
order OF the county commissioners establish
ing county road, or altering or vacating.
in whole or in part, q state or county road,
may be taken to the Probate court of the
same county by any person or persons, hav-
ing an estate in fee, for life, or years, in any
lands or tenements situate in any township
in said county, in or through which town
ship snch new altered or vacated road pas
ses, or by the husband of any married wo-
man, or guardian Of any ward, having such
an estate.
SEcrIoN That in order to perfect such
an appeal, it shall be necessary for the ap-
pelant, or appellants, to execute with suffl-
cient suretes, or cause TO be executed by
sufficient sureties, to be approved by the
county auditor, a bond or undertaking, pay
able to the state Of Ohio, in penal sum Of
not less than one hundred nor more than three
hunderd doll ars, in the discretion of said au-
ditor, conditioned for the payment by such
appellant. or appellants, Of all costs tba!
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 oil the order appealed from
in the record Of the commissioners. But mi
nors, idiots or lunatics, 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 record of the commissioners
SECTION 4. Within ten days after the
filing OF an appeal bond as aforesaid, or the
making of an entry for an appeal as afore-
said, the county auditor shall transmit to the
probate court. the original papers in the
premises and also a certified transcript,
from the record of the commissioners, of all
proceedings and orders had or made by or
before them, therein; upon the receipt of
which the probate judge shall forthwi tn
docket the proceedings, styling the petition
ers, plaintiffs; and the appellant, or appel
lants, defendant or defendants; and shall set
day for the hearing thereof, which shall
not be later than the twentieth day after
such docketing of the appeal.
SECTION 5. If upon the hearing Of said
matter it shall appear that the proceedings
previous to the appeal, were in substance
regular and legal, and if no exception be Ia
ken by any claimant Of damages to the as
sessment returned to and approved by the
county commissioners, it shall be the duty
of the Probate Court to affirm the order Of
the commissioners, and to enter a judgment
against the apnellant. or apellanis. for all
costs created by the appeal.
But il said previous proceedings shall be
found to be substantially erroneous, the
court shall set them aside, and order anoth.
er view of three disinterested freeholders o
the county to be appointed by the court who
shall perform the same duties that are re
quired by the act aforesaid Of viewers appoin
ted by county commissioners, except that
they shall make their return to the probate
court,
The order to said viewers shall specify a
place where, and a day upon which-or with
! in two days, Sunday excepted, thereafter
they shall meet to commece the performance
of their duties, and shall require them to
make THEFT report OIL or before a day there.
in specified, which shall not be later than
the twentieth day after the entry of the or.
der in said court.
The court shall also appoint surveyor to
attend said viewers and perform the dutie:
required by the act aforesaid Of surveyors
who shall have power to take TO his assis
tance two chainmen and marker, all ol
whom shall be disinterested and he shall lie.
liver report and plat of his survey TO one
of said viewers in time to be returned with
their report; and it shall be so returned.
SECTION 6. If the proceedings and re-
port of the viewers and surveyors, or of tht
reviewers hereinafter mentioned, shall bt
substantially legal, and shall also substan
tally coincide with the order Of the com
missioners appealed from. the court shal
confirm such proceedings and report, anC
shall render q judgment against the appel
liant or appellants, for the costs created b!
heappeal.
Or, II the report Of said viewers shall b
favorable to the petitioners, but shall mate