The Perrysburg journal. [volume] (Perrysburg, Ohio) 1853-1861, 1856-05-24
LAWS OF OHIO.
PUBLISHED BY AUTHORITY.

No. o. AN ACT
To amend the act entitled "an act for open
ing and regulating Roads and Highways"
passed January 81, 1858.
SECTION /. Be ii enacted By tile General
assembly cfMe State Of Ohio, That no order
of the county commissioners for the establish
ment Of a county road, or for the alteration
or vacation, in whole or in part, of state
or county road, shall be executed until lwen-
ty days Shall have elapsed after the entry Of
such order in the record of the commission
erS.
SECTION 2. That an appeal from the final
order of the county commissioners estab-
fishing a county road, or altering or vaca-
ting, 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 tenements situate in any town
ship in said county, in or TIN ough which
township such new, altered or vacated road
passes, or by the husband of any married
woman, orguardian of any ward, having such
an estate.
SECTION s. That in order TO perfect such
an appeal, it shall be necessary for the appel
/ liant appellants, to execute with sufficint sure
| ties, to be approved by the county auditor, a
bond or undertaking, payable to the state of
Ohio, in pen j sum of not less than one hun
dred nor more than three hundred dollars, in
the discretion of said auditor, conditioned for
the payment by such appellant, or appellants,
of all costs that may be adjudged against him,
or them, in the probate court, or in any Other
court to which the proceeding may be re-
moved by petition in nor, which bond may be
filed with said auditor on or before the TWEEN.
tieth day after the entry of the order appeal
ed from in the record Of the commissioners
The minors, idiots or lunatcs or their guar.
dians respectively, may appeal without Civ
ing bond, by causing an entry to that effec
to be made, within tie period aforesaid, by
the county auditor in the record of the com
missioners.
SECTION 4. Within ten days after the films
, of an appeal bond as aforesaid, or the making
of an entry for an appeal as aforesaid, thC
county auditor stall transmit to the probat,
court the original papers in the premises
and also a certified transcript, from the rec
I ord ofthe commissioners, of all proceeding
and orders had or made by or before them
a therein upon the receipt of which the pro
bate judge shall forthwith docket the pro
ceedngs, styling the petitioners plaintiffs
d and the appellant or appellants, defendant o
/ defendants; and shall set a day for the hear
s ing thereof, which shall not be later than tn
4 twentieth day after such docketng of tn
4 appeal.
SECTION 8. If, upon the hearing of sal
matter it shall appear thai the proceeding
:. previous TO the appeal where in substanc
regular and legal, and if no exception be ia
c ken by any claimant of damages to the as
!, sessment returned to and approved by III
/ county commissioners, it shall be the duty q
}. the Probate Court to affirm the order of tn
J. commissioners, and to enter iudgmer
against the appellant or appellants, for a
costs created by the appeal.
l. But if said previous proceedings shall
t, found to be substantially erroneous, th
= court shall set them aside, and order anothe
N view of three dsinterested freeholders of III
e county to be appointed by the court VIII
il shall perform the same duties that are r,
j. qured BY the act aforesaid of viewers az