Meigs County telegraph. [volume] (Pomeroy [Ohio]) 1848-1859, 1856-04-29
same ,alD and note Il said book the date Of sucl

Il
shall be established, vacated, or altered, as
: the case may be; and he shall issue the nee.
essary orders for the payment Of the dam
r ages
2 But If the damages SO assessed exceed
In the aggregate, the amount ordered to be
: paid out of the county treasury as aforesaid
: the auditor shall lay said papers and tran
: script before the county commissioners a
e their next session, who may thereupon es
e tablish such road or alteration, aud order
/, the damages to be paid out Of the county
e treasury, or refuse to establish the same un
j less the damages, or such portion as they
4; shall require, be paid, within such time a'
: they shall designate by the petitioners.
n SEC, ~, 1.-the, appeal from the county
! commissioners was under the tenth section
/ ofsthis act. and the damages assessed in
that court in favor--of- an The appellants
shall not, together with the damages awar-
dded to ciainsants who did not appeal, exceed
the amount WITCH the commissioners had,
before the appeal, ordered to be paid out oI
the county treasury, the auditor shall issue
the necessary orders for she payment, OF all
said damages; and the road, or alteration,
shall be considered as established from the
date Of the final order in the probate court.
But il the assessments in the probate court,
with the damages awarded to claimants not
appealing, shall exceed the amount so or
dcied to be paid out Of the county treasury
by the commissioners, the auditor shall lay
the papers and transcript, received from the
probate Judge, before the commissioners at
their next session, and they shall act upon
the same as in case mentioned in the prece-
ding section; provided, however, that it
shall be lawful for the commissioners, if, in
their opinion, a part only of a road will be
of public uti ity, to record and establish such
useful part, and dreject the residue; provided
, such division can be made without affecting
the rights Of any person entitled to dam
ages. 81 f
SEC. 16. The township clerk receiving a
transcript from the probate Judge as afore-
said, shall lay it before the township trus-
tees, and they shall make an order in con-
formity with the decision Of the probate
court.
Sec. 19. All township roads heretofore
or hereafter established, are hereby de-
clared to be public highways; but nothing
herein shall be construed TO require them
to be established 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.
Sec. co. The final decision of the pro-
bate court made under the provisions Of the
act to which this is an amendment, may be
reviewed, upon petition in error, by the
court of common pleas Of the proper coun-
ty; but shall not be reversed Tor any defect
in form if found to be subtantially correct
Upon reversal, the court of common pleas
shall have power to award a writ Of proce-
dendo, when deemed necessary.
SEC 2l. For their services required by
this act or the act to which this is an amend.
ment, the officers therein mentioned OF
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 per.
sons appointed to show premises to jury
as provided in the eleventh section Of this
act, shall receive such condensation, to be
taxed in the cost bill, as the court shall di-
rect. 81
}, Sec. 22' That section two of the act to
which this is amendatory, be SO amended
as to read as follows SEC 2. That all ap-
pications for laying out, altering or vaca-
, ting 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 vicinity where said
roads to be laid out, viewed, reviewed, al
r tered or vacated, and one or more of the
J signers to any petition presented as afore
, said, shall enter into bond with sufficient Sc.
curity payable to the State of Ohio for the
use of the county, conditioned that the per-
son or persons making such application
! shall pay into the treasury of the county
t the amount Of all costs and expenses ac'
: cruing thereon in case the prayer of said
petitioners shall not be granted, or wher
. the proceedings had in pursuance thereo
shall not be finally confirmed and cstab
= lished, and on neglect or refusal Of the per
sons 50 bound, after liability shall have
D accrued, the auditor Of the county shall de.
j liver such bond to the prosecuting attorney
e whose duty it shall be to collect and pay
over the same to the county treasurer, and
in all cases of contest the court having iu.
} risdiction in the case shall have full power
to render Judgment for costs according tc
justice between the parties. .t
5 Sec. % That the third section of said
act be and is hereby so amended as tc
| read as follows: SEC. g. That all pc,
titions fol laying out, vacating or altering
) any county road, or altering or vacating
5 any State road within the county shall spe.
5 city the place Of beginning the intermediate
points, il any, and the place Of termination
Of said road or part proposed to be altered
or vacated. 5....s F..
Sec, "a. The second, third, eighteenth
twentieth, twenty first, twenty-second. TWEEN
ty-third, twenty fourth. twenty fifth, and
: twenty sixth sections of the act to which
this is an amendment are hereby repealed
April 8, 1856. ee fs8al - a--
N. H. VAN WORRIES,
} Speaker OF The House oi Representatives
Il G,@ THOMAS d FORD.
/, f.9.d ra Presiden. OF the Senate.
SEcRETARY OF STATES OFFICE,
= CoLUMBUs, April IA, 1856.
:. L Al II