Eaton Democrat. [volume] (Eaton, Ohio) 1843-1856, 1856-05-08

ding the reports aud plats Of viewers, review
ers, and surveyors, and forthwith after thr
termination Of proceedings upon an app, al,
shall transmit 10 the county auditor, If The ap-
peal was from the county commissioners, or 10
The township clerk, If il was from township
trustees, all original papers received from INN,
and slso transcript, from The record afureSai id,
Uf the proceedings upon such appeal.
SECTION l6. II il shall appear by the tran.
script so Transmitted to the county auditor,
that The court has approved the establishing,
a.erating, or vaching a road as mentioned in
the 6fh or SIKH section Of this act, and that
The damages, il assessed IN or under The orders
ol SAID couri, do NOT, in the aggregate, exceed
the amount assessed, approved, and ordered
To Ge paid out Of the county treasury, before
The appeal, the auditor shall forthwith record,
in The proper book lie final decision OF said
court IN tile premises, with all reports, pats,
field notes, or other matters appearing in said
township necessary 10 righ; unde snding
Of the same, and note in SAID book The date o;
such recording, and thenceforth The said road
shall be established, vacated, OF altered, as The
case may De; and he shall issue the necessary
orders for The payment Of the damages.
But il The damages so assessed exceed, in
the aggregate, the amount ordered 10 be paid
out Of the county treasury as aforesaid, the
auditor shall lay said papers and transcript be-
lo:e the county commissioners at their next
session, VINO may thereu on establish such
road or alteration, and order the damages 10 be
paid out OF The county treasury, or refuse 10
establish the same unless The damages, or such
portion as hey shall require, be paid, within
such lime as they shall designate by The pe,i-
TONERS.
SECTION II. II the appeal iSom the county
commissioners was under the tenth section oil
this act, and the damages assessed IN hat court
in favor ofall the appellants, shal nottogel lher
with the damages awarded 10 claimants who did
not appeal, exceed the amount which the com
mSSloners had, before the appeal, ordered 10
be paid out Of tue county treasury, the audi o.:
shall issue the Decessary orders Tor the pay
meni Of all sa id damages; and The road, or a J.
teration, shall be considered as established
from The date OF The final order in The probate
court. But If the assessments in The probate
cnurt with the damages awarded 10 claimants
not appealing, shall exceed the amount so or
de red TO be paid olt OF the county treasury by
The commissioners, The auditor shall lay the
papers ond transcript, received from the pro-
bale judge, before The commissioners at their
next session, and they shall nct upon the some
as in the case mentioned in The proceeding
sec;ion; provided, however, that it shall he
lawful for the commissioners, il, in their opln-
ion, a part only Of o road will be o! public uti-
ily, 10 record aud establish such useful part,
and reject the residue: provided such division
eau be made wittopi affecting the rights oI
any person entitled 10 damages.
CEcT,,u 1,ba tomnehip nla,L ~
a transcript from lhe probate judge as a!ore.
said, snail lay il be fore the township trustees,
and they shall make an order in conformity
with the decision OF the probate judge.
SEcT ON 10. All township roads here tofore
or hereafter established, are hereby declared 10
be public highways; but nothing herein shall
be construed 10 require them 10 be established
or altered at the public expense, or % bs KEPT
in repair OF the public expense, further than is
provided Gy the act 10 which this is an amend
ment
SECTION 90 The final decision OF The pro,
bate court made under the provisions Of this
act, or the act 10 which this is an amendment,
may he reviewed, upan petition in error, by
the court OF common pleas Of The proper coun-
ty; but shall moi be reversed for any defect in
form il found 10 be substantially correct
Upon a reversal, the couH OF common pleas
shall have power TO award writ Of pfoceden-
10, when deemed necessary.
SECTION 81. For their services required by
this act, Or the ihe nct 10 which This is an
amendment, The officers lleteia mentioned o.
efened to, shall each be eatilled 10 the same
fees as they are entitled to by law for like ser.
vices in other cases. The person or PERSONS
appointed 10 show premises TO jury as provi.
ded in the elerenth section Of this ac., sbal
receive such compensation, 10 he taxed in The
cost bill, ss The court shall direct.
SECTION %. That section Two Of the act 10
which this is amendatory, be so amended as 10
read as follows; SEC. Q. That all spplca.
tions fot laying out, altering or vacating any
county road, or for altering or vaca!ing any
Stale road within the county, shall De by petit
lion 10 The county commissioners, signed 5y al
least twelve free holders Of the county, resi-.
ding in the vicinity where said road is 20 be
laid out, viewed, reviewed, altered or vacated,
and one OF more OF the signefs 10 any petition
presented as aforesaid, shall enter into bond
WI th sufficient security payable TO the State Of
Ohio for the use OF The county, conditioned
thai the person or persons making such oppll-
cation shall pay into the treasury OF The county
the amount Of oil costs aud expenses accruing
thefeon in case The prayer OF Sald petitioners
shall not be granted, or when the proceedings
had in pursuance lhe!eoi shall no! be finally
confirmed aud established, and on neglect or
refusal OF the persons so bound, after liabil
lily shall have accrued, the auditor Of the
county Shall deliver such bond 10 The prnsecu
ting attorney, whcse cuiy it shall be TO col
lect and pay over the same 10 the county
treasurer; and in all cases OF contest the court
having jurisdiction Of The case shall have full
power 10 render Judgement for costs according
10 justice betveen the parties.
SIC. 20. That the third section Of said act
be and is hereby so amended as 10 read as fol-
lows: Sec. 8. That all petitions f,r laying
out, vacatIng or altering sny county road, or
altering or vacating any Stale road within The
county shall specify The place Of beginning
the intermediate points, II any, and the place
Of termination OF said road OF part proposed 10
be altered or vacated.
SEc. "a. The second, third, eighteenth,
twentieth, twenty first, twenty second, twen.
ty third. twenty fourth, twenty fifth and twen-l
ty SIKH sections OF the act which this is al
amendment are hereby repealed.
N. H. VAN WORRIES,
Speaker OF the House NJ Representatives.
THOMAS H. FORD,
President Of The Senate.
April 8. 1856.
AN ACT
Further 10 prescribe tue Dulles Of County
Commissioners.
SECTION |. Be IL enacted by the General As-