The Ashland union. [volume] (Ashland, Ashland County, Ohio) 1854-1868, 1856-04-23

or selected under the provisions of this
act, shall, before entering upon his duties,
take an oath, or affirmation, faithfully aud
impartially to discharge the duties of his
appointment; which oath or affirmation
may be administered by any person author
lied by the act aforesaid to administer an
oath, or affirmation, or By any other COM
pet,nt authority.
Section 10. That every claimant Of
damages on account of tn, establishment
or alteration Of q county or township road,
or the alteration of a State road, may ap-
peal TO the probate court, from the final
decision OF the county commissioners, or
township trustees, confirming the asse<s-
ment of damages made by the viewers in
his behalf, or the refusal Of the viewers to
award damages to him ; which appeal shall
be perfected and docketcd in the mode
~hereintcfore prescribed in section four,
except that the appellant shall be the
plaintiff and the obligors in tho bond
mentioned in the second or thirty. first Sec
tion of the act aforesaid, as the case may
be, shall be the defendants.
Several claimants may unite in a joint
appeal, although their claims be distinct,
or they may severally appeal.
Upon such IN appeal, whether joint or
several, the probate court shall cOnfne
itself TO the question, or questions, of
damages presented By it and shall forth
with, after the docketing thereof, issue a
venirc for twelve or more disintercsted
men of the county, having the qualifca-
tions of jurors in other cases, to appear in
said court on a day aud at an hour named
in the venire-which shall not be later
than the twentieth day from its date-
to serve as jurors Upon tho trial of said
claim or claims ; and shall als) issue a
summons, or notice, to all such appellants,
whether joint or several, and to the oblig-
ors aforesaid, to attend at the same time
and plac; which summons or notice shall
be served by delivering to each person
named therein a copy thereof, or by leav-
ing such copy at his usual place of abode.
If any of the parties are non-residents of
the county, but have an agent or attorney
therein, service on such agent or attorney
in manner aforesaid, shall be sufficient, or
q summons or notice may be sent to anoth-
er county for service upon any party re-
siding, or being, therein. If an appellant
is q nonresident as aforesaid, it shall be
his duty, when he perfects his appeal, to
leave with the probate judge the name of
IN agent or attorney in the county, upon
whom service may be made as aforesaid,
and If he fail to do so, no service Up IN
him shall be necessary Service upon u
guardian shall be sufficient service uIo1
his ward.
SECTION IL. If any of said jurors fail
to attend, or shall for good cause be cx-
cused from serving, or shall be set aside
on account of a challenge, the panel shall
be filed with tails men as in other cases.
Each party shall be entitled to two per-
emptory challenges, aud may make any
number of challenges for cause. In re-
spect to challenges, the appellant, or ap-
pellants, whose claims are on trial, shall
be considered as one party, and the obi.
gors as the other.
The jury shall consist of twelve men /;
and shall be sworn in all the causes,
whether the appeals were joint or several,
at the same time, unless for good cause
shown the court shall otherwise direct
The jury shall then, under the care of an
officer of the court and with such person
or persons as the court may appoint to
show them the premises, and before aly
testimony shall be given except the plat
aud fled notes of the road, and the tftIe
papers, if produced, ef the claimants,
which they shall take with them, proceed
to examine the road as established or al
tered, and the property of the several
claimants taken therefor, or alleged to be
injured thereby ; and after making such
exami nation shall return to the probate
court at the time the court shall have ap-
pointed; whereupon the trial of said
claims, in the order the court shall direct,
or any number or all Of them at the sans
time if The parties so agree, shall he pro
ceeded with in the same manner as in
other jury trials in said court. The jury
shall render a separate verdict upon each
claim, which shall be entered upon the
record of the court, and a new trial shall
not be granted except for misconduct OF
the jury; nor shall an appeal, except by
petition in error, as hereinafter provided,
be taken to any other court.
SECTION II. When an assessment of
damages shall have been made, or refused,
by viewers of a county or township road,
or alteration of u State, county, or town
ship road, appointed by the probate court.
any claimant may, before the confirmation
of the viewers report file exceptions t"
their decision upon his claim, whether II
was rejected altogether, or whether dama-
ges were awarded to him j whereupon such
proceedings shall be had for u trial by ju-
~, of his claim, and Of any others thus
presented, as are provided in the proceed
ing section aud thu provisions of said
section shall, in all respects, apply to the
ane.
SECTION IS. If, by the final decision
in the probate court, any claimant oil
damages shall not obtain a greater sum
than was awarded to him by the order of
the commissioners or township trustees
from which he appealed, he shall pay all
costs created by his appeal, SO far as TIL
court can ascertain the same, all Juris-
ment shall be rendered against him Ton
the same.
La all cases not hereinbcfpre specially
provided for, the court shall give UGH
judgment, or judgments, in respect to the
costs, as may be equitable.
SECTION IL. Ali judgments hereinbe-
fore provided for, shall be rendered In ia
vor of the State, and may be enforced By
execution issued by said probate court, OF
its own motion, or at the instance OF any
person entitled to any part thereof ; and
the money, when collected, shall be paid
to the persons respectively entitled thereto,
SECTION Is. The probate judge shall
make q record of all proceedings bad In
the probate court under the provisions OF
this act, including the reports and plat,
of viewers, reviewers and surveyors AID
fnrthw;th nfrer tho termination OF proceed