Belmont chronicle. [volume] (St. Clairsville, Ohio) 1855-1973, 1856-05-15

ties agree, shall be proceeded with IN the same
manner as in other jury tri ,ls in said court The
| Jury shall render separate verdict Lp)n each
claim which shall be entered upon the record of the
court, and new trial shall not be granted except
for misconduct the jury; nor shall appeal. ex-
cspt BY petition in error, hereinafter provided be
! taken TO any other court
| Sec l2 When an assessment of damages shall
have been made, or refused, BY viewers OF coun-
| ty township ad, or alteration OF IL State coun-
! ty, or township road, appointed BY the probate
court, any claimant may, before the confirmation OF
the viewers report, file exceptions TO their decision
upon his claim whether it was rejected altogether,
| or whether damages We're awarded to him; where
upon such proceedings shall be had for trial by u
ry OF his claim, and of any others thus presented,
as are provided in the preceding section; and the
provisions of said section shall in all respects, ap
| ply TO the same.
Sec l3. Ii, by the final decision in the probate
court, any claimant OF 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, far the ascertain the
saTe, and Judg gment shall be rendered against him
| for the same.
In all cases not hereinbefore specially provided
| for, the court shall give such judgm mt, or judg
ments, in respect TO the SITS. may be equitable.
Sec.l4.. All judgments bereinbefore provided
for shall be rendered in favor Of the State and may
be enforced by execution issued by said probate
court, OF It's own moton or at the instance OF any
when collected shall be paid to the persons re-
specively entitled thereto.
Sec. IS. The probate Judge shall make a record
of all proceedings had in the probate Curt under
the provisions OF this act including the reports and
plats OF viewers, reviewers and surveyors and
tarlhwith after the termination OF proc edings upon
appeal. shall transmit to the county auditor, if
the appeal was from the county commissioners, or
to the township clerk lift was from township trus
tees, all original papers received from him. and also
transcript, from the record aforesaid, of the pro-
ceedngs upon such appeal.
Sec: l6. If it shall appear by the transcript so
transmitted TO the county auditor, that the court
has approved the establishing, altering, vaca-
ting road as mentioned IN the fifth or sixth sec.
ton of this act and that the damag g. it assessed
in under the orders of said court, do not in the
aggregate, exceed the amount assessed, approved
and ordered 10 be paid out OF the county treasury.
before the appeal, he auditor shall forthwith record
in the proper book. the final decision OF said court
in the premises with all reports, pnts, field notes
or other matters appearing in said township ne.
cessary TO right understanding of the same, and
note in said book the date OF such recording, and
thence'orIh the said road shall be established, va
Gated, or altered, as the case may be- and he shall
issue the necessary orders for the payment Of the
damages.
Bui ii the damages so assessed exreed. in the ae-
gregate, the amount ordered to be paid out Of the
county treasury aforesaid. the auditor shall lay
said papers and transcript before the county COM
missoners at their next session. who may thereup.
on establish such road or alteration and order the
damages to be paid out of the county treasury or re-
fuse 10 establish the same unless the damages. or
such portion as they shall require. be paid within
such time as they shall designate by the petition
ers.
Sec. II. lfthe appeal from the county commis.
sioners under the tenth section of this act and
the damages assessed in that cour. in favur of all
the appellants. shall not together with the dama-
ges awarded 10 claimants who did not appeal ex-
rppi he yyh tha hai ha
fore the appeal. ordered TO he paid out OF the coun-
ty treasury the auditor shall issue the necessary
orders for the payment of all said damages; and the
road, alteration shall be considered rs establish
ed from the date of the final order in the probate
court. But ifthe assessments in the probate court
with the damages awarded to claimants not ap-
peaing. shall exceed the amount ordered to be
paid out OF the county treasury by the commission
ers, the auditor shall lay the papers and transcript
received from the probate Judge, before the com
missioners at their next session. and they shall nc
upon the same as i'll the case mentioned in the pre-
ceding section; provi led however, thai it sh, BE-
lawful Tor the commissioners if, in their opinion,
part only of road will be Of public utility, 10 rec-
ord and establish such usetnl plrt and reject the
residue; provided such division can be M ie with
out affecting the rights of any person entitled TO
damages.
Sec l8. The township clerk receiving tran
script from the probate Judge as aforesaid shall Law
it before the township trustees. and they sh4
make order in conformity with the decision of
the probate court.
Sec. l9. All township roads heretofore or here
after established, hereby declared to be public
highways but nothing herein shall be construed To
require them to be established or altered at the
public expense or to be kept in repair at the pub
lie expense further than is provided by the act TO
which this is an amendment.
Sec 90. The final decision of the probate court
made under the provisions OF this act the act 10
which this an amen 1ment, may be reviewed upon
petition in error. by the court Of common pleas of
the proper county, but shall be reversed for anr
defect in form it found to be substantially correct
Upon reversal, the court of common pleas shall
have power to award q writ of procedendo, when
deemed necessary.
Sec. 81. For their services required by this art
the ACT TO which this is an Mndmenf the Off
GERS therein mentioned or referred to- shall each be
entitled to the same fees they entitled bv
law for like services in other cases. The person or
persons appointed to show premises to jury pro-
vided in the eleventh section of this act, shall re-
ceive such compensation TO be taxed in the cost bill
as the court shall direct.
Sec. %. That section two of the act to which
this is amendatorv. be amended to read as fol-
lows: Sec. 2. That all applica ions for laying
out, altering racnting county road. or .or al
tering varating any State road within the coun-
ty, shall be by petition to the county commission
ers signed by at least twelve free holders OF the
county residing in the vicinity where said roa1 is
TO be laid out; viewed. reviewed. altered vacn-
ted and one more of the signers to any petition
presented as aforesaid shall enter into bond with
sufficient security payable to the State of Ohio for
the OF the county, conditioned that the person
or persons making such application shall pny into
the treasury of the county the amount of all costs
and expenses 'ccruing thereon in cass the prayer
OF said petitioners shall not be granted, or when the
proceedings had in pursuance thereof shall It be
finally confirmed and established, and on neglect or
refusal of the persons bound, after liabllitv
shall have accrued. the auditor of the county shll
deliver such bond to the prosecuting attorney,
whose duty shall be 10 collect and pay sover the
10 the county treasurer, and in all cases OF
contest the court having uri diction Of the case
shall have full power TO rend- Judgment for costs
according 10 justice between the parties
Sec. %. That the ;hird s'ction OF said act be |!
and is hereby so ameslded as to read as follows |
Sec. g. That all petitions for la,ing out vacating
altering any county road. altering CT vacating
any State road within the county shall specify the |
place OF beginning the intermediate points, if any.
and the place OF termination OF said road or part
proposed To be altered or vacated
Sec. 81. The second, third, eighteenth, twpnti- !
eth twenty-frst, tweny-seconi, .y-third |
twenty fourth twenty: fifth apd iweuty-slx,h Sec
hereby repealed.
~ H. VAN WORRIES,
Speaker of TIE House of Representatives |