The spirit of democracy. [volume] (Woodsfield, Ohio) 1844-1994, 1856-05-14

for the commissioners, il, ir their opinion, a
part only Of a road will be of public utility, to
record and establish such useful part, and re-
jsct the residue: Provided such division can
be made without affecting the rights OF any
person entitled to damages.
SECTION 10. The township clerk receiving a
transcript from the probate judge as aforesaid,
shall lay it before the township trustees, and
they shall make an order in conformity with
the decision of the probate court.
2 SECTION 10. All township roads heretofore
or hereafter established, are hereby declared to
be public highways; but nothing herein shall
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.
SECTION 20. The final decision of the pro-
bate court made under the provisions of this
act, or the act to which this is an amendment,
may be reviewed, upon a petition in error, by
the court of common pleas of the propercoun-
ty; but shall not be reversed for any defect in
form if found to be substantially correct. Upon
4 reversal, the court of common pleas shall
have power to award a writ of procedendo,
when deemed necessary.
SECTION 81. For their services required. by
this act, or the act to which this is an amend
ment, the officers therein mentioned or refer
red to, shall each be entitled to the same fees
as they are entitled to by law for like services
in other cases. The person or persons appoint
cd to show premises to a jury as provided in
the eleventh section of this act, shall receive
such compensation, to be taxed in the cost bill,
~ the court shall direct.
SEcrroN %. That section two of the act to
which this is amendatory, be so amended as to
read as follows: SEC. 2. That all applications
for laying out, altering or ~vacating any county
road, or for altering or ~vacating any State road
within the county, shall be by petition to the
county commissioners, signed by at least twelve
free holders of the county, residing in the vicin-
ity where said road is to be laid out, viewed,
reviewed, altered or vacated, and one or more
of the signers to any petition presented as
aforesaid, shall enter into bond with sufficient
sscurity payable to the State of Ohio for the
use of the county, conditioned that the person
.or persons making such application shall pay
into the treasury of the county the amount of
all costs ana expenses accruing thereon in case
the prayer of said petitioners shall not be
granted, or when the proceedings had in pur-
suance thereof shall not be finally confirmed
and established, and on neglect or refusal of
the persons so bound, after r liability shall
hare accrued, the auditor of the county shall
deliver such bond to the prosecuting attorney,
whose duty it shall be to collect and pay over
H4AQ ERt-tV - NAS
cases of contest the court having jurisdiction
Of the case shall have fun powerto render judg-l
ment for costs according to justice between the
parties.
SECTION %. That the third section of said
act be and is hereby SO amended as to READ as
follows: SRcTros 3. That all petitions for lay
ing ont, vacating or altering any county road,
or altering or vaeating any State road within
the county, shall specify the place of beginning
the intermediates points, if any, and the place
Of termination Of said road or part proposed
to be altered or vacated.
SECTION "A. The second, third, eighteenth,
twentieth, tweuty-hrst, twenty-second, twenty
third, twenty-fonrth, ~twenty-ffth, and twenty
sixth sections of the act to which this is an
amendment are hereby repealed.
N. Ii. VAN WORRIES,
Speaker Of the House of Representatives.
THOMAS H. FORD,
President Of the Senate.
April 8, 1856.