Fremont journal. [volume] (Fremont, Sandusky County [Ohio]) 1853-1866, 1856-05-16
LAWS OF OHIO.
Published by Authority.
AN ACT


To amend the act entitled "an act for open
ing and regulating Roads and Highways
passed January q, 1858.
SECTION l. Be 1t enacted by tile Gener
al assembly Of tie State of Ohio, Thai
no order of the county commissioners fol
the establishment of county road, or fol
the alteration or vacation, in whole or il
part, of state or county road, shall be ex
executed until twenty days shall have elaps
ed after the entry of such order in the rec,
ord of the commissioners.
SEC. ?. That an appeal from the fina1
order of the county commissioners estab-
fishing county road, or altering or vaca
ting in whole or part, state or county road
may be taken to the probate court of the
same county by any person or persons, hav.
ing an estate in fee, for life or years, in any
lands or tenements situated in any town
ship in said county, in or through which
township such new, altered or vacated road
passes, or by the husband of any married
woman, or guardian of any ward, having
such an estate.
SEC. 3. That in order to perfect such
an appeal, it shall be necessary for the ap-
pealant or appellants, to execute by sufic-
lent sureties, to be approved by the county
auditor, bond or undertaking, payable 10
the state of Ohio, in penal sum of not less
than one hundred nor more than three humid
red dollars, in the discretion of said auditor,
conditioned for the payment by such appel
liant, or orappellants, off all costs that may be ad-
judged aginst him, or them, in the probate
court, or in any other court TO which the
proceedings may be removed by petition
in error, which bond shall be filed with
said auditor on or before the 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 without giving
bond, by causing an entry to that effect to
be made, within that period aforesaid, by
the county auditor in the record of the
commissioners.
Sec. 4. Within ten days after the fl
ing of an appeal bond as aforesaid, or the
making of an entry for appeal as aforesaid,
the county auditor shall transmit % the
probate court, the original papers in the
premises and also a certified transcript
from 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 shall forthwith
docket the proceedings, styling the petition
ers plaintiffs; and the appellant or appel
lantS, defendant or defendants; and shall
set day for the hearing thereof, which
shall not be later than the twentiety day
after such docketing of the appeal
Sec. 5. If upon hearing of said matter
it shall appear that the proceedings previ-
Gus to the appeal, were in substance regular
and legal, and if no exceptions be taken by
any claimant of damages to the assessment
to and approved by the county
it shall be the duty of the
Probate Court to affirm the order of the
and to enter a judgment
against the appellant, or appellants, for all
,osts created by the appeal.
But if said previous proceedings shall be
ound erroneous, the court shall set them
lside and order another view of three disin-
crested free holders of the county to be
appointed by the court who shall perform
he same duties that are required by the
vet aforesaid of viewers appointed by coun-
y commissioners, except that they shall
make their return to the probate court.
The order to the viewers shall specify a
,lace where, and day upon which-or
within two days, Sunday excepted, thereaf-
shall meet to commence the per-
ormanco of their duties, and shall require