M'arthur Democrat. (McArthur, Vinton County, Ohio) 1853-1865, 1856-05-08

jected altoge theT, or whether damages wera
awarded to him whereupon such proceed
ings shall be had for a trial by jury, ofhis
claim AMI of any Others thus presented, as
are provided in the preceding section and
the provisions of said section shall, in all re.
speCts, apply to the same.
SECTION l3 II, by the final decision In
probate court, any claimant of damages
shall not obtain greater sum than was
awarded to him by the order of the commits
sioners or township trustees from which he
appealed, he shall pay all costs created by
the same, and judgment shall be rendered
against him for the same.
In all cases not hereinbefore specially pro-
vided for, the court shall give such judgment
orjudgments, in respect to the costs, as may
be equitable.
SECTION II. All judgments hereinbe.
fore provided for. shall be rendered in favor
of the State, and may beeniorced by execu.
tion issued by said probate court, of its own
motion. or OF the instance Of any person en-,
titled to amy part thereof and The money,
when collected, shall be paid to the persons
respectively entitled thereto.
SECTION 10. The probate Judge shall
make record Of all proceedings had in tho
probate court under the provisions OF this
act, including the reports and p!ats ofview.
ers, reviewers and surveyors; and forthwith
after the termination Of proceedings upon an
appeal, shall transmit to the county audi
tor if the appeal was from the county COM
missioners, or TO the township clerk. if it
was from township trustees, all original pa.
pers received from him, and also transcript
from the record aforesaid, Of the proceedings
upon such appeal.
SECTION l6. If it shall appear BY the
transcript so transmitted to the county
auditor, that the court has approved tha
establishing, altering, or vacating a road az
mentioned in the fifth or sixth section Of
this act, and that the damages, if assessed in
or under the orders Of said court, do not, in
the aggregate, exceed the amount assessed,
approved. and ordered to be paid out of the
county treasury. before the ap peal, the audi.
tor shall forthwith record, in the proper
book, the final decision OF said court in the
premises, with all reports, platS, field notes.
or other matters appearing in said township
necessary to right understanding of tho
same and note in said book the date of such
recording, and thenceforth the said road shall
be established, vacated, or altered, as tho
case may be and he shall issue the necessa.
ry orders for the payment of the damages.
But if the damages So assessed exceed, 10
the aggregate, the amount ordered to be paid
out of the county treasury as aforesaid, the
auditor shall lay said papers and Transcript
before the county commissioners at their
next session, who may theteupon establish
such road or alteration, and order the dam
ages to be paid out of the county treasury, or
refuse to establish the same unless the dana.
ges, or such portion as they shall require, be
paid, within such time as they shall desig'
nate by the petitioners.
SECTION n. lfthe appeal from the coun.
ty commissioners was under the tenth section
Of this act, and the damages assessed in that
court in favor of all the appellants, shall
not, together with the damages awarded to
claimants who did not appeal, exceed the
amount which the commissioners had, be.
fore the appeal, ordered to be paid out of the
county treasury, the auditor shall issue the
necessary orders for the payment ofall said
damages and the road, or alteration, shall
be considered as established from the date Of
the final order in the probate court. But If
the assessments in the probate court, with
the damages awarded to claimants not ap-
pealing, shall exceed the amount so ordered
to be paid out Of the county treasury by the
commissioners. the auditor shall lay the pa
pers and transcript, received from the pro.
bate Judge before the com missioners at their
next session, anu they shall act upon tho
same as in the case mentioned in the pre-
ceding section; provided. however. that it
shall be lawful for the commissioners, il, in
their opinion, part only OF a road will be OF
public utility, to record and establish such
useful part, and reject the residue: Provi-
ded such division can be made without
affecting the rights Of any person entitled
to damages.
SECTION lS. The township clerk receiv-
ing transcript from the probate judge az
aforesaid, shall lay it before the township
| trustees, and they shall make an order in
conformity with the decision Of the probate
court.
Section 10. All township roads hereto.
fore or hereafter established are hereby de-.
clared to be public highways; but nothing
herein shall be construed to require them to
\ be estaDtfshed or altered at the public ex-
pense, or to be kept in repair at the public
expense, further than is provided by the act
to which this is an amendment.
Section ~. The final decision of the
probate court made under the provisions of
this act, or the act to which this is an
amendment, may be reviewed, upon petit
ton in error, by the court Of common pleas
of the proper county but shall not be re-
versed for any defect in form if found to bs
substantially correct. Upon a 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
amendment the officers therein mentioned or
referred 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 pet
sons appointed to show premises to jury
as provided in the eleventh section Of this
act, shall receive such compensation, to be
taxed in the cost bill, as the court shall di.
rect.
SEcrtoN %. That section two OF the act
to which this is amendatory, be so amended
as to read as follows SECTION Q. That
all applications for laying out, altering or
vacating any county road, or for altering OF
vacating any state road within ahe county.
shall be BY petition 10 the county commits
sioners, signed by at least twelve freeholderl
of the county, residing in the vicinity where
E i.o;d road ;c fe ho laid ont viaxvod rav;a,.n1