Carroll free press. [volume] (Carrollton [Ohio]) 1834-1861, 1856-04-24

damages, n assessed IN OF uhuei tHo sNe Na~e'e
Of said court. do not, IN the aggregate exceed
he AMOUNT assessed, approved. Ard ordered
TO be pad out Of the county treasury before
the appeal, the auditor shall forthwith record,
in the proper hook, the full decision OF said
court in the premises, with Hi reports, Piats'
field notes. or other matters appearing in said
township necessary to a right understanding Of
the same, and note in said book the date Of
such recording, and thencefOr!h the said r0sd
shall be established, vacated, or altered, as the
case may be; and he shall issus the necessary
orders for the payment Of the damages.
But ifthe damages so assessed exceed, In
ths aggregate, the amount ordered to be paid
opt Of the county treasury as aforesaid. the
auditor shallay said papers and Transcripts be-
fore the county commissioners at their next
session, who may thersupOn establish such road
or alteration, and order the damages 10 be paid
out Of the county treasury, or refuse to estab-
lisb the same unless the damages, or such POr-
ton as they shall require, Ss paid, within such
time as they shall designate by the petitioners.
Section II. Iflhe appeal from the county
commissioners was under The tenth section of
this act, and the damages assessed in that court
in favor OF all the appellants, shall, not, togeth-
er with the damages awarded to claimants who
did nOs appeal. exceed the amount which the
commissioners had. before the appeal. ordered
to be paid out Qfthe county treasury. the audi
tor shall issue the necessary orders for the pay
ment Of all said damages and the road, or ali
teration. shall be considered as established from
the date Of the 6nal order in the probate court.
But il the assessments in the probate court, with
the damages awarded to ella imapts not appeal
ing shall exceed the amount so ordered to be
paid out of the county treasury by the commits
sioners, the auditor shall lay the papers and
transcript, received from the probate judge, be-
fore the commissioners st ttheir next session, and
they shall act upon the same as in the case
mentioned in the preceding seci;Qn provided,
however, that it shall be lawful for the commits
siOners, il, in their opinion, a part only of a
road will be Of public utility, to record and es-
tablish such useful part, and reject the resdue:
provided such division can be made without
affecting the rights Of any person entitled to
damages.
Section 10. The township clerk receiving
transcript from the probate Judge as aforesaid,
shall lay it before the township trustees, and
they shall make an order in conformity with che
decision Of the probate court.
Section 49,. All township roads heretofore
or hereafter established, are hereby declared to
to public highways; but nothing herein shall be
construed to require them to be established OF
altered at the public expense, or to be kept in
repair at the public enpense, further than is
prOvided:by the act to which this is an amend.
ment.
Section 20. The 6nal decision Of the pro-
bate court made under the provisions Of this
act; or the act 10 which this is an amendment,
may be reviewed. upon petitisn in error by
the court Of common pleas of the proper coun.
ty but shall not be reversed for any defect, i1
form If found to be substantially correct. Up
on reversal. the court OfCommqn pleas shall
have power to award a writ Of procede ndo, when
deemed pepesSAEy.
Section 81. For their SERVICES required by
this act, or the act to which this is an amend.
ment, the officers therein mentioned or referred
to, shall each be entitled to the same fees as
they are entitled oby Law for like services in
other eases, 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 taxed in the cost bill. 90
the court shall direct. a.-
Section 22. That section two Of the act to
which this is amendstory, be SO amended as to
read as follows Sec. 2. That all applications
for laying out, altering or vacating any county
read. or for altering or vacatng any State road
within the county, shall be by petition to the
county commissioners, signed by at least twelve
free holders of the county, residing n the ticin-
ity where said road is 10 be laid out, viewed,
reviewed, altered or vacated, and one or more
ofthe signers to any petition presented as a.
foresaid. shall enter into bond with sufficient
security payable to the State Of Ohio for the use
o; the county, conditioned that the person OIL
persons making such application shall pay into
the treasury Ofthe county the amount Of al
costs aud expenses accruing thereon in case
the payer Of said petitioners shall not be grant,
ed, or when proceedings had in pursuance
thereof shall not be finally confirmed and es
tablished, and on neglect or refusal of the per;
sons so bound, after liability shall have 40
crued, the auditor Of the county shall deliver
such bond to the prosecuting attorney, whose
duty il shall be TO collect and pay over the same
to the county treasurer. and in all cases Of con
test the court having jurisdiction Of the case
shall have full mower 10 render iudoment fO