The Cadiz Democratic sentinel. [volume] (Cadiz, Ohio) 1854-1864, 1856-05-14
LAWS OF OHIO.
PURLsnED by AUTHORITY.
AN ACT

Sectlon !. De IL enacted Uy tn6 Oener-
al Assembly Of the State OF Ohio, That
no o.der OF ;he county commissioners for
the establishment of county road, or for
the alienation or vacation in whole or in
part, of state or couriy road, shall be
executed until tycaty days shall have
elapsed after the entry of such order in
the record of tho commissioners.
Section 2, That an appeal from the
final order of the county commits sioners
establishing county road, or altering, or
vacating, in whole or in part, state or
county road, may be taken to the probate
court of the same county by any person
or persons, having an estate in fee, for
life, or years, in any lands or tenemenls
situate in any township in said county, in
or through which township such new, al
tered or vacated road passes, or by the
husband Of Gny married woman. or guar
dian Of any ward, having such an es-
tate.
Section g. That in order to perfect
such an appeal, it shall be necessary for
the appellant, or appellants. to execute
with sufficient suTeties, or cause TO ba eX-
ecused by sufficient suroties, to be approved
by the county auditor, bond of undertak-
ing payable 10 the state OF Ohio, in penal
sum of not less than one hundred nor
more than three hundred dollars, in the
discretion of said auditor, conditioned for
the payment By such appellant, or ap-
pellants Of all costs that may be adjudg-
ed against him, or them, in the probate
court, or in any other court to which the
proceeding may be removed by petition
in error, which bond shall be filed with
said auditor on or before Il twentieth day
after the entry Of the order appealed from
in the record Of the commissioners.
But minors, idiots or lunatics, or their
guardians respectively may appeal with
out giving bond, by causing an entry
TO that effect to be made, within the peri
cd aforesaid, by the county auditor in the
record OF the commissioners.
Section A. Within ten days after the
filing Of an appeal bond as aforesaid. or
the making OF an entry for an appeal as
aforesaid, the county auditor 81 all trans
NIT to the probate court, The original pa
pers in the premises and alsoa certified
transcript, from the record Of the com,
miss!oners, OF all proceedings and orders
had or made by or before them, therein;
upon the receipt of which the probate
Judge shall forthwith docket the proceed.
'ings styling the petitioners plaintiffs; and
the appellant. or appellants. defendant or
defendants; and shall set q day for the
hearing thereof, which shall not be later
than the twentieth day after such docket
ing Of the appeal.
Section 5. II, upon the hearing Of said
matter it shall appear thattbe proceedings
previous to the appeal. were in substance
regular and legal. and if no exception be
taken by any claimant Of damages to the
assessment returned to and approved by
the county commissioners, it shall be the
duty Of the Probates Court to affirm the
order OF the commissioners, and to enter
a judgment against the appellant or ap-
pellants, for I'LL costs created BY the ap.
peal.
But If said previous proceedings shall
be found to be substantially erroneous,
the court shall set them aside, and order
SuOkHGI NICW VA tilGG ulSlUlCEGoNtu iIGG-
holders Of the county TO be appointed by
the court who shah perform the same du-
ties that are required by the act aforesaid
Of viewers appointed by county commls-
sioners. except that they shall make their
return tothe probate court.
The order to said viewers shall specify
place where, and day upon which--o or
within two days, Sunday excepted, there
after--they shall hieet 10 commence the
performance Of their duties, and shall
require them to make their report on or
before a day therein specified; which shall
not be later than the twentieth day after
the entry Of the order in said court.
The court shall also appoint surveyor
to attend said viewers and perform the du-
ties required by the act aforesaid of sur
veyors, who shall have power TO take to
his assistance two chainmen and mar
ksr, ak Of whom shall be disin,erested
and he shall deliver report and plat OF
his survey to one Of said viewers in time
to be returned with their report; and it
shall be so returned.
Section6. If the proceedings and re-
port OF the viewers and surveyor, or of
the reviewers hereinafter mentioned. shall
be substantially legal and shall also sub
stantially coincide with the order of the
commissioners appealed from, the court
shall confirm such proceedings and re-
port and shall render a judgment against
the appellant or appellants, for the costs
created By the appeal.
Or, II the report of said viewers shall
be favorable to the petitioners, but shall
materially vary from the order appealed
from the court shall nevertheless, confirm
the same if the same bs within the scope
of the petition and substantially legal; and
the court may, in such case, require all
the costs created by the appeal to be paid
by the appellants, or by the petitioners,
or 4 portion Of them by the one party
and The residue by the other. as may be
equitable, and shall render judgement,
or judgments. accordingly.
Section Z. II the report OF the view
ere, appointed by said court, shall be ad-
verse to establishing. altering or vacating
the road, the court shall, upon the motion
Of the petitioners. or any twelve Of them.
but not Otherwise, order review by FIVE
disinterested freeholders Of the county, to
be appointed by the court. to whom an
order, similar to that herein before pres
cribed in respect to viewers, shall be iss-
ued; and such reviewers shall examine
the proposed new road, or alteration. or
road or part thereof proposed to be vaca-
ted, as defined or referred to in the order
appealed from, and report in writing to
the court their opinions for or against the
same. with their reasons.