The Cadiz Democratic sentinel. [volume] (Cadiz, Ohio) 1854-1864, 1856-05-14

person eutlled to any part thereof; and
the money, when collected shall be paid
to the persons respectively entitled there
to.
Section 10. The probate judge shall
make record of all proceedings had in
the probate court under the provisions of
this act, including the reports and plats Of
viewers, reviewers, and surveyors. and
| forthwith after the termination of pro-
ceediugs upon an appeal. shall transmit
to the county auditor, il the appeal was
from the county commissioners, or to the
township clerk, if it was from township
trustees, all original papers received from
him, and also transcript from the record
aforesaid, Of the proceedings upon such
appeal.
Section I6. II it shall appear by The
transcsipt so transmitted to the county
auditor, that the court has approved the
establishing, altering or vacating road
as mentioned in the fifth or sixth section
of this act, and that the damages, if as
sessed in or under the orders OF said court,
do not, in the aggregate, exceed the a
mount assessed, approved, and ordered to
be paid out of the county treasury, be-
fore the appeal, the auditor shall forth
with record, in the proper book, the final
decision Of said court in the premises, with
all reports, plats, field notes, or other mat
tiers appearing in said township necessary
to right understanding of The same. and
note in said book the date Of such record
ing, and thenceforih the said road sha II
be established, vacated, or altered, as the
case may be; and be shall issue the ne
cessary orders for the payment of the
damages.
But if the damages so assessed exceed,
in the aggregate the amount ordered to
he paid out Of the county treasury as a.
foresaid, the auditor shall lay said papers
and transcript before the county commits
sioners at their next session, who may
therupon establish such road or alteration
and order the damages to be paid out of
the county treasury, or refuse to establish
the same unless the damages, or such por-
ton as they shall require, be paid, within
such time as they shall designate by the
petitioners.
Section II. 1.-THE appeal from the coua-
| ty commissioners was under the tenth
section of this act, and the damages as
sessed in that court in favor of all the ap-
pellants, shall not, together with the dam
ages awarded to claimants who did not
appeal, exceed the amount which the COM
missioners, had, before the appeal, order
ed to paid out of the county treasury, the
auditor shall issue the necessary orders
for the payment of all said damages; and
the road, or alteration, shall be consider
ed as established from the date of tie
! fual order in the probate court. But if
the assessments in the probate court,
with the damages awarded 10 claimants
not appealing shall exceed the amount so
ordered to be paid out OF the county trea-
sury by the commissioners, the auditor
shall lay the papers and transcript, re-
ceived from the probate judge, before the
commissioners at their next session, and
they shall act upon the same as in the
case mentioned in the preceding section;
provided, however, that it shall be lawful
for the commissioners, fin their opnion,a
part only Of a road will be Of public utility,
to record and establish such useful part,
and reject the resident provided such di.
vision can be made without affecting the
rights of any person entitled to damages.
Section 49, The township clerk re-
ceiviDg transcript from the probate Judge
as aforesaid, shall lay it before the town
ship trustees, and they shall make an or
der in conformity with the decision of the
probate court,
Section 10. All township roads hereto
fore or hereafter established, are hereby
declared to be public highways; but moth
ing herein shall be construed to require
them TO be established or altered at the
public expense, or to be kept in repair al
the public expense, further than is provi-
ded by the act TO which this is an amend
ment.
Section 90. The final decision Of the
probate court made under the provisions
of this act, or the act to which this is an
amendment, may be reviewed, upon pe-
tiion in error, by the court OF common
pleas OF the proper county; but shall not
be reversed for any defectin form if found
to be substantially correct Upon re-
versal, the court of common pleas shall
have power to award writ ofprocedendo,
when deemed necessary.
Section 2l. For their services requir-
ed by this act, or the act to which this is
an amendment, the officers therein men.
toned or referred to, shall each be enti.
tied to the same fees as they are entitled
to by law for like services In other cases.
The person or persons appointed to show
premises to jury as provided in the
eleventh section Of this act, shall
receive such compensation TO be tax
ed in the cost bill, as the court shall di-
rect.
Section 90. That section two Of the
act to which this is amendaiory, be so a.
mended as to read as follows: Sec. 2.
That alsapplications for laying out, alter
ing or yacating any county road, or for al
tering or vacating any State road within
the county, shall be by petition TO the
county commissioners, signed by at least
| Q freeholder sof the county residing in the
vicinity where said road is to be laid out
viewed, reviewed, altered or vacated, and
one or more Of the signers to any petition
presented as aforesaid shall enter into
bond with sufficient security payable to
the State Of Ohio for the use OF the coun-
ty, conditioned that the person or persons
making such application shall pay into
the treasury Of the county the amount Of
all costs and expenses accruing thereon in
case the prayer Of said petitioners shall
not be granted, or when the proceedings
had in pursuance thereof shall not be final