The weekly Portage sentinel. [volume] (Ravenna, Ohio) 1854-1861, 1856-07-03
lcoSrrSUrD FROM vrKsr PAGE. J

Il was from The township trustees all original papers
received from him, and also transcript tom We re-
cord aforesaid, OF the proceedings upon suchappeal
sEo.l6. II it shall appear BY the transcript sc
transmitted 10 the county auditor that tho court has
approved the establishing, altering, or yaeatng road
mentioned in the hflh OF sixth section OF this act
and that the damas assessed in under the ordeT
said court do not in the a.gres ate, exceed the "
assessed, approved and ordered to be pay ~ Rht
county treasury, before the appeal, the tot ma
forthwith record in the proper book, tho NAL deeis
ion Of said eoart in the premi, % all reports, at
field notes, or other m1ttrs ape jug ~ said townso
necessary 10 a right underst ls8tg OF the same, and
note In said book the date Of such recorngand thence
forth the said road sh II be established, tt d or al
tered, as the cause may be; ana he shalsue the ns'
eessary orders for the payment Of the damages
Hutifthe damages so sessed exceed IN the aggre-
gate the amount ordered 10 be paid out of the county
treasury aforesaid the audit" all lay said papers
and tanscriript before the county commissioner at
their next session, who may thereup"n esiabi lsh
sneI road alteration, and orer the damages 10 be
paid ofthe eouHy treasury, refuse TO establish
the same unless the damages such portion they
shall require, be paihFthn such time as they snail
designate by the petluohers.
SIC. IL. Ifthe appeal from the county commission
ers was under the tenth section Of this act and the
damages assessed in that court in favor ofal TIE appel
ts shall not together with the damages aparded 10
claimants who did not appeal exceed the amount which
the commissioners had before the appeal, ordered 10
be paid out of the county treasury the auditor shall
the necessary orders FOR ihe payment of all said
dnmages and the road, alteration, shall be consd-
cred established from the date of the final order in
the probate court But the assessments in the pro-
bateeourt, with the damages awarded to claimants not
Appealing, shall exceed the amount so ordered 10 be
paid out Of the county treasury by the commissioners,
the auditor shall lay the papers and Transcript receiv'
ed by the probate judge, before the commissioners at
their next session and they shall upon the same as
IN the mentioned in the preceding section; pro-
vided however, that it shall be lawful for the commits
soners, f in their opinion, part only ofa road will
be ofpubc utility, to record and establish such use
full part and reject the Eesdue; provided, such provis
iocan be made wlhou affecting the rights of any per-
son entitled to dana<Bs.
Tha toun shi In n
from the probate judge, as aforesaid shall lay it be
fore the township trustees, and they shall make an
order in conformity with the decision of the probate
court.
SIC. 10. All township roads heretofore or hereafter
established, are hereby declared to be public high
ways but nothing herein shall be construed 10 require
them to be established altered at the public expense
to be sept repair at the public expense further
than Is provided by the act to which this is namend-
ment.
SEC. 90. The final decision of the probate court,
made under the provision fthis act the ae ~ which
this is an amend ent, may be reviewed, u."h Pc
tton in error, by the court of common pleas Of the
proper county, but shall not be reversed for any defect
In form, If found to be substantially correct. Upon
reversal, the court ofcommon pleas shall have pow
er 10 award writ Of procedendo, when deemed me-
cessary.
SEC 81. For their services requiredby this act,
the act to which this is an amendment, the officers
therein mentioned referred to shall each be entitled
10 the same fees as they entitled to by law for like
services in other Tho person or persons ap-
pointed to show premsestO jury, as provided in the
el6VeHm SSCtlOH Ol thlS dCt shdll
pensation to be taxed in the cost BILL the court shall
direct.
SEC. %. That section two of the act to which this is
aendatory, be amended to read las follows Sec.
3. That all applications for laying OUT altering
eating any county road, or for altering or vacang any
State road within the county, shall beby petition to
the county commissioners, signed by atleast twelve
eehoders of the county residing in the vicinity where
said road is TO be laid out viewed, reviewed, altered
or vacated, and of the signers to any petit
tion presented aforesaid, shall enter into bond with
RulcieDt S1cuTy Dayablc TO the state Ohio The
of the county, conditioned that the person per-
sons making such application shall pay into the
treasury of the county the amount of all costs and
penses accrung thereon in the prayer ofsaidpe
titon shall not be granted, when the proceedings
had in pursuance thereof shall not be finally confirmed
and established and on neglect or refusal oflhe per-
so bound after liability shall have accrurcd, the
auditor ofthe county shall deliver such b nd to the
prosecuting attorney whose duty it shall be TO collect
and pay the to the county treasurer and in
a cases ofcontest the court having jurisdiction ofth
case shall have full power to render judgement for
costs according to Justice between the parties.
SEC 90. That the third section of SAID act be and is
hereby amendedas to read follows SEC. 3. That
a petitions for laying OUT vacating altering any
county road, or altering or vacatng any State road
within thecounty shall specify the place of beginning
the intermediate points, fany, and the place of term
ination ofsad road or part proposed to be altered
or vacated.
SEC. "a. The second, third, eighteenth, twentieth
twenty.frst, twenty-secoDd, twenty y-third twenty
fourth, twenty fifth, and twenty sixth sections Of the
act TO which this is amendment, hereby repeal
ed.
NH. VAN WORRIES,
Speaker Of the House of Representatives..
THOMAS H. FORD,
President Of the Senate.
April 8, 1856.
AUDITORS OFFICE, RAvENYA,
PORTAGE Co. o., July Sd, ,lSj6.(
hereby certify that the foregoing is true copy
THos: W. BRO WNING,