True American. [volume] (Steubenville [Ohio]) 1855-1861, 1856-04-23

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and nols in said book The daIe Of suehur
cording, and lhehceforth the said road
shall be established, vacated, Or altered,
as The case may be; and he shall issue
the necessary orders for the paymen. d
the damages.
But il the damages so assessed exceed,
in the aggregate, the amount ordered to
be paid out of The county treasury as
aforesaid, the audilor shall lay said papers
and transcript before the county commits
sioners at their next session, who may
,hereupon establish such road or altcra.
ton, aud order the damages tobe; paid out
Of the county treasury, or refuse to es,ab.
lsh the same unless1he damages, or such
portion as they shall require, be paid.
within such time as they shall designate
by the petitioners.
SEcTIoN ~. If the appeal from the
county commissioners was under the tenth
section ofihis act, and the damages asses
sed in that court in favor of all The appel
hnts, shall not, together with the damages
awarded 10 claimants who did not appeal,
exceed the amount which The commissio.
ners had, before the appeal, ordered to bp
paid oui OF the county treasury, The audi
tor shall issue The necessary orders for the
payment Of all said damages and The
road, or alteration. shall be considere d as
established from the date of the final order
in the probate court. Bui if the assess.
menls in the probate court, with the dam.
ages awarded IL 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, received from the
probate Judge, before the commissioners
at their next session. and they shall act
upon the same as in ihe case mentioned
in The preceding section; pr,vi'led, how
ever, HAT il shall be lawful for the com
missioners, if. in their opinion, part
only If The read will be Ofpublic utility,
to record and establish such useful part,
and reject the resi'lne: provided such dl-
vision can be made without affec ing the
rights Of any person entitled Ia damages.
SEcTIoN ls. The township clerk re-
celv'ng lranscripl from The probate Judge
as aforesaid, shall lay il before the town.
shiptruslers, and they shall make an or.
der in conformity with The decision Of the
probate court.
SEcRIoN 10. All township roads here
,ofnre or hereafter established. are hereby
declared to be public highways /; but moth.
ing herein shall be construed 10 require
them To be established or altered at the
public expense, or 10 be kept in repair at
the public expen Sc. further than is provid-
ed by the act 10 which this is an amend
ment
SECTION 20 The final decision of the
probate courl made under lie provisions
of this ACT. or the act TO which this is an
amendment, may he reviewed upon IA
petition in error, By the CONT Of common
pleas Of the proper county, but shall n t
be reversed Tor any dtfeo, in form if found
10 be substantially correct. Upon a re-
vcrsal, the couf Of c"mmon pleas shall
have power 10 award writ procedtndo.
when deemed ece sry.
SECTION 81. For their services reqni-
red hv tins act, or the act To which This
Ms an amendment, the officers therein
mentioned or referred to, shall each he
entitled to the same fees as they are en-
titled 10 by law for like services in other
cases. The person or persons appointed
10 show premises TO jury as provided in
the eleventh seclipn Of this act, shall re-
ceive such compensation, to betaxed IN
the cost bill, as llie cuurl shall direct.
SECTION % That secliun Of The
act TO which ibis is amendaiory, be So
amended as 10 read as follows: SEC. o.
That all applications for laying out, uller-
ing or vacalitg any county road, or for
altering or vacaIing any Stale road within
The county, shall be by petition. 10 the
county commissioners, signed by al lras'
twelve free holders of the cnnnIy, residing
in The vicinity where said road is to be
iald ou', viewed reviewed. altered or va
Gated, and one or more Of The sgmrs IL
any petition presented as aforesaid. shall
enter mo bond with .suflicieu, security
pa,able 10 The State of Ohin for the use
Of The county, conditioned lha. the person.
or persons making such application shall
pay INTO The treasury Of the county ,ht
Amount of all casts and expenses accriIing
thereon il case the prayer Of said peli
TONERS shall MOI be granted, or when The
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