The Ashland union. [volume] (Ashland, Ashland County, Ohio) 1854-1868, 1856-04-23
Ga6s of 0bio.
PUBLISHED BIZ AUTHORITx.

mo. 81 AN ACT,
To amend the act entitled I" an act for opening
and regulating Roads and Highways,'' passed
January 81, 1858.
Sec. /. Be 1t enacted by the General
Assembly of,he State Of Ohio, That no
order of the county commissioners for the
establishment of q county road, or for the
alteration or vacation, in whole or in part,
of q state or county road, shall be cxecut-
ed until twenty days shall AVE elapsed
after the entry of such order in the record
of the commissioners.
SECTION 9. That an appeal f:om the
final order of the county commissioner
establishing a county road, or altering or
vacating, in whole or in part, q state or
county road, may be taken to tho 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 situa-
ted in any township 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.
SECTION 3. That in order to perfect
such an appeal, it shall be necessary for
the appellant, or appellants, to execute
with sufficient sureties, or cause to be ex-
ccuted by sufficient sureties, to DC approx
ed by the county auditor, a bond or under
taking, payable to tho state of Ohio, in
a penal sum of net less than ono hundred
nor more than thrco hundred dollars, In
the discretion of said auditor, conditioned
for the payment by such appellant, or ap-
pellants, 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 removed by petition in
erro., which bond shall be fled with said
auditor on or before the twentieth day
after the entry of the order appealed from
in the record of the commissioners But
miners, idiots or lunatics, or their guardi-
AMI respectively, may appeal without Civ
ing bond, by causing an entry to that
effect to be made, within the period afore-
said, by the county auditor in the record
of the commissioners.
SECTION 4. Within ten days after the
filing of an appeal bond as aforesaid, or the
making of an entry for an appeal as aforc-
said, the county auditor shall transmit to
the probate court, the original papers in
the premises and also a certified trans
cript, from the record of the commission
ers, of all proceedings aud orders bad or
made by or before them, therein upon
the receit of which the probate judge shall
forthwith docket tho proceedings, styling
the petitioners, plaintiffs and the appel
liant, or appellants, defendant or defend
ants and shall set o day for the hearing
| thereof, which shall not be later than the
twentieth day after such doeketing of the
appeal.
SECTION s.. If. upon the hearing Ct
said matter it shall appear that the pro-
ceedings previous to the appeal, were in
substance regular and legal, and if no ex-
ages to the assessment returned to and
approved by the county commissioners, it
shall be the duty of the Probate Court 10
affirm the order of the commissioners, and
to enter a judgment against the appellant,
or appellants, for all costs created by the
appeal.
But if said previous proceeding shall
be found to be substantially erroneous,
the court shall set them aside, and order
another view of three disinterested free.
holders of the county to be appointed by
the court who shall perform the same du-
ties that are required by the act aforesaid
of viewers appointed by county commits
%sioners, except that they shall make their
return to the probate court.
The order to said viewers shall specify
a place where, and a day upon which-or
within two days, Sunday excepted, there.
after-they shall meet to mme the
performance of their duties, aud shall re-
ouire them to make their report on or be-
| fore q day therein specified, which shall
not be later than the twentieth day after
the entry of the order in said court.
The court shall also appoint a surveyor
to attend said viewers and perform the du.
ties required by the act aforesaid of sur
yeyors, who shall have power to take
N his assistance two chainmen and n
marker, all of whom shall be Gisinterested
and be shall deliver a report and plat of
his survey to one of said viewers in time
To be returned with their report and it
shall be so returned.
SECTION 6. If the proceedings aud re-
nort of the viewers aud survey or, or of t. e
reviewers hereinafter mentioned, shall be
substantially legal, and shall also substan-
| ,ialIy coincide with the order of the com.
missioncrs appealed from, the court shall
confirm such proceedings and report, and
shall render q judgment against the appel.
liant, or appellants, for the costs created
by the appeal :,
Or, if the report of said viewers shall
be favorable to the petitioners, but shall
materially vary from the order appealed
from, the court shall, nevertheless, confirm
the same, if the same be within the scope
| Of the petition and substantially legal ;
and the court may, in such case, require
all the costs created by the appeal TO De
paid by the appellants, or by the petition
ers, or a portion of them by the one party
and the residue by the other, as may be
equitable, aud shall render a judgment, or
judgments, accordingly.
SECTION I. If the report of the view
ers, appointed by said court, shall be ad.
verse to establishing, altering or vacatlng
the road, the court shall, upon the motion
Of the petitioners, or any twelve of them,
but not otherwise, order o review BY i've
disintercsted frecholders of the county, to
be appoinre6 By the court, to whom an
order, similar to that herein before pre-
scribed in respect to viewers, shall be is
sued !; md such revie xers shall examine
the proposed new road, or alteration, or
road, or part thereof proposed to be va
Gated, as defined or referred to in the or
der appealed from, and report In writing
to the court their OF inioas for or against
tho same, with their reasons.
If their report shall be such as is men
toned in the first clause of the preceding
section, the court shall proceed as directed
in said claus.