99 .]

ROADS-STATE.

791

rities, to be approved of by said commissioners, made payableto the state of Ohio , for the use of the county, conditioned forthe payment of all expenses accruing in any manner under thisact, in case that, upon final hearing, the change or alterationprayed for should not be granted; and also, that in case thechange or alteration, as prayed for, should, upon final hearing,be granted, the petitioners shall, within one year thereafter, causethe part or parts so adopted, in place of the former route, to bemade, in all respects, as good as the former route was at the timeof such change. And upon receiving and filing such petitionand bond, the commissioners shall appoint some particular dayof their next session, on which they will attend for the purposeof hearing remonstrances, or granting an order for a review,agreeably to the prayer of said petitioners.

7. Sect. VII. That at the time fixed upon, as provided for Same subject,in the preceding section, it shall be lawful for any person or per-sons having objections to the change or alteration of such state

road, to present his, her, or their remonstrance, in writing, againstthe same, and also to attend in person, with his, her, or their tes-timony, which the commissioners are authorized to hear and ex-amine; and thereupon the said commissioners shall, as they intheir discretion may judge for the public good, grant or refuse areview of so much of said road as is prayed to be altered, anddescribed in said petition. And in case the said commissionersshall decide that a review shall be had, they shall appoint threedisinterested freeholders, residing in the county, but not in anytownship in which such change or alteration is proposed to bemade. And it shall be the duty of the said viewers to employ askilful surveyor, chain carriers and markers, who, with the Post p. 796.viewers and commissioners, shall, in the discharge of their seve-ral duties, be governed by the provisions of the act for openingand regulating roads and highways.

8. Sect. VIII. That if, in the opinion of said viewers, a Same subject,change in the direction of said road may be advantageously made;

which opinion shall be reported in writing to the commissioners,who may thereupon, in their discretion, authorize and direct suchchange to be made; and it is hereby made their duty, if theyauthorize and direct such change, to cause the plat and surveyof such variation from the original route, to be recorded. Andin case any person or persons shall consider him, her, or them-selves aggrieved by the new location of such road, such claim orclaims for damages may be presented, and shall be assessed andpaid in the manner prescribed by the fifth section of the act foropening and regulating roads and highways.

9. Sect. IX. That no change shall be made in the direction Same subject,of a state road where it crosses the line between two counties,

unless by mutual agreement in the report of the viewers appoint-ed by the commissioners of each county, and by the concurrenceof the commissioners of the two counties interested; in whichlast case, the plat and survey of the variation from the originalroute shall be recorded in both counties.