Belmont chronicle. [volume] (St. Clairsville, Ohio) 1855-1973, 1856-05-29
Ealus Of Obio
PUBLISHED BY AUTHORITY.
AN ACT

TODLiSiED B1 Ao ihotSIih'
,N .CT
- n0i
To amend the act entitled "an act for opening al
regulating Roads and Highways passed Jal
uary d, 1853.
SECTION |. be 1t enacted by the General Assem-
bly, OF the State OF Ohio; That no order OF The COM
Iy commissioners Tor the establishment OF a count
road, Tor the alteration or vacation, in whole or
part, OF state or county road, shall be execute
until twenty days STALL have elapsed at'er the emit
| OF such order Ia the record OF the commissioner
| Sec. hat an appeal from the final ORDER
| the county comm ssioners establishing count
! road. or altering vScatirg, III whole OF in pal
state or eonnty road, may be taken 10 the pre-
| bate court o. the same county by any person
persons, having an estate IN tee, tor hte or year
| in any lands or tenements situate IN any towI
ship in said county, in or through which townshi
such new altered or vacn:ed road passes. or by til
husband OF any married woman, or guardian {
any ward, having such an estate.
I sec: 8. That IN order to perfect such an appea
ii shall be necessary tor the appellant, or appellant
10 execute with sufficient sureties, or cause to b
xecuted by suftlcIent sureties, 10 be approved .
the county auditor, a bond or undertaking, payabl
| TO the state oi Ohio, sln penal sum OF not les
| than one hundred ncr more than three hundre
dollars in the discretion OF said auditor condition
ed for the payment by such appellant, or appellant
of all costs that may be adjudged against him, o
them. in the probate court. in any other court t.
which the proceeding may be removed by epeiitioi
in error. which bond shall be fled with said audi
or or before the twentieth day after the entry G
The order appealed from IN the record of lhe com
missioners But minors idiots or lunatics, or thel
guardians respectively, may appeal wlthou; glvln!
bond by causing an entry 10 that effect to be made
within the period aforesaid, bv the county audito
in the record of the commissioners.
Sec. 4 Within ten days after the filing OF al
appeal bond as aforseid, or the making of an entry
,l,n oh, 81
transmit to the probate court, the original paper
in the premises and also certified transcript iron
the record of the commissioners, of all proceedings
and orders had or made by or before them. therein
upon the receipt OF which the probate judge shal
forthwith docket the proceedings, styling the Pc
tioners plaintiffs; and the appellant, or appellants
defendant or dc iendants; and shall set day FOL
the hearing thereof. which snail not he later thar
the twentieth day after such dockeling OF the Gp
neal
Sec 5 IT. upon the hearing of said matter il
shall onneor that the proceednus preyious tn the
nDne,l were in substance regular and legal. and
if no execution be taken by any claimant ofdam
aues 10 the assessment returned TO and approved
bv the county commissioners it shall be the duty
OF the Probate Court to affirm the order OF The
commissioners, and 10 enter a Judgment against
the annaIart or anoelIants for all costs created by
the appeal. But if said previous proceeding shall
be fopnd TO be substantially erroneous the court
shall set them aside and order another view OF
three reeholders of the county to be ap-
nointed by the court who shall perform the same
duties that are required by the act aforesaid of
viewers amounted by county commissioners. except
that tkev Shall make their return to the probate
court
Tie order IN so,d viewers shall specifv n place
where, and a dav upon which-or within two days,
Sunday excepted. thereattcr--they shall meet to
commence the performance of their duties, and
shall r.nure Them TO make their report On or be-
fore dav therein specifed. which shall not be lat
or than the twentieth day after the entry of the
order in said court
The court shall also appoi1t surveyor to attend
said viewers and perform the duties required by the
act aforesaid of surveyors, who shall have power
IN Take tn his assistance two chainmep and mark
or Mi of whom shall be disinterested and he shall
deliver report and plat of his survey to one of said
yewers in tirne to he returned with their report:
and i shan De 50 returned.
Sec. 6. If the proceedings and report of the
viewers and SURVEYOR or OF the reviewers herein
after mentioned shall be substantially legal, and
shall also substantially coincide with the order of
the commissioners appealed from, the court shall
confirm such proceedings and report. and shall
render Judgment against the appellant, or appell-
ants. fer The costs created by the appeal.
Or ifthe report of said viewers shall he favor
able to the petitioners, but shall materially vary
from the order appealed from, the cour. SHALL nevcr-
thnless confirm the same if the same be within
the scone of the petition and substantially legal
and the court may. in such case, require all the
costs created bv the appeal to be paid by the ap
pellants or by the petitioners, or porion O! them
bv the one party and the residue by the other, as
NAV be EQUITABLE and shall render judgments
SEC. r If the report of the viewers appointed
by said court shall be adverse TO establishing, al
tering vacating the road, the court snail, upon
the motion OF petitioners, or any twelve OF them.
but not otherwise, order review ny hVe dlslnter-
ctaI niniI
the court, TO whom an order, similar TO tnat herein
before prescribed IN respect 10 viewers snail be
issued; and such chrevlewers snail examine the pro-
posed new road or alteration or road or part there
OF proposed TO be vacated as oefhed or referred TO
in the order appealed from, and report in writing
to tie court their opinions for or against the same,
with their reasons
If their report shall be such as is mentioned in
The first clause ot the preceding section. the Court
shall proceed as directed IN said clause.
But II IL be adverse 10 sucI new roaG' aiteraio1
vacah no lur'Ier p'ecegulhgs shall De had
IN the premises: eAceps 10 iEnueI a JuugmehL u
galnst ihe pe'iioeis loi al coSs 'a siit'iI nave
accrued rom me colii'iit iceiieh' o lIs proceed
ln9s belore tle n;I ,... "ii''h J"usiiieh'
shall be fenaGItu oy su'u oou't .
DEC. o. ;J T. Ia go - III hi 'r,tI "a
surveyor, appoitteu uy Su 'oi '"i &c .iia,to'
or laii' to a''siii W INC Niii 'i4'
court may sups'ltu'e on''i.Gi III us slenu.
Sec, = Every viewer, IJ,le"e,, stfSe1oI chalh
man OF ihre N u u,..oi .i.
provisions OF lis act 81 IT. "Goe en'eiir: upon
MS dnnes' taKe al ou'i', VI l.nioh tIinuliy
and lmpnrhaliy 70 ulstnarse s'ia. ua VI ms aP
whicn oa'll W ailiInIG.on i,.'y pe ao
mlhlsiered hy any p'rsoi au'!I' iAel py uie ac'
af0resald 10 aoihliI's.eI an untn vi uiih'i''oi'
or by any o'her coh'Fe'ei' uu''o'i'''
Sec TO- That every claimant OF damages on
account of the establishment or alteration Of Il
State road, may appeal to the probate court, from
the final decision OF the county commissioners, or
township trustees. confirming the assessment of
damages made By the viewers in his behalf. or The
refusal of the viewers to award damages TO him;
which appeal shall be perfected and docketed i'll
the mode hereinbefore prescribcd i'll section four.
except that the appellant shall re the piainiif
and the obllgors In thc ooi9 iehtoueu III i SEE
ond or thirty first section of the act aforesaid, as
the case may be, shall be the defendants.
Several claimants may unite in joint appeal,
although their claims be distinct, or they may
,everally appeal.
I1hon sbch nm sppeal. whether Joint or several. |
bo n,, court shall cnnfina itself 10 the m estion
A. 6nes,ions of damages presented by it: and shall
after the docfleting thereof, issue
,nniro f,~twelve or more disnterestad men of the
,o, Loyinu the qualifications of Jurors in other
.oSaa - onnear in said court on dav .and at an
,o~r No. ed in the yenire-which shall not be later
- - H. ,o,,;,,b J,y from, ire d,ts-t, scrve os |