Belmont chronicle. [volume] (St. Clairsville, Ohio) 1855-1973, 1856-05-15
Tans Of 0bio
PUBLISHED By AUTHORITY
~~~~
AN ACT

~ 80 1SSS'
STcrIoS l. Be ii enacted by the General Assem-
bly, of the State of Oliio, Tha; TO order of TN
county commissioners Tor The establishment OF ;
county road. or for the alteration or vacation,
whole in part. OF state county road. sha bt
executed until twenty DAYS shall have elapsed af
ter tie entry of snch order in The record OF tht
commissioners.
Sec g That an appeal from the final order o
the county commissioners establishing county
road or altering or vacaiing. in whole or in part
state or county road. may be taken TO he probat:
court oil the same county by anv person or persons
having an estate in lee, for life. years, IN any
Ia ands or 1enements situate in any township in said
county. in or through which township such new. al
tered or vacated road passes or by The husband o
any married woman, or guardian OF any ward, hav
ing such an estate
Sec. 3. That in order TO porfac. such an appeal
it shall be Necessary for the appellant. or appellants
to execute with sufficient smeties or cause TO ht
executedNby sufficient sureties, To he approved by
the eouBty auditor, bond or undertaking, payable
10 the s;sSt o. Ohio in pennl sum OF not less thar
one hundred nor more than three hundred dd!isrs
in the discretion OF said auditor conditioned for the
payment by such appellant, or appellants OF al
costs that my be udiudged againSt him, or them
in the probate court, in any othe court TO which
the proceeding mny be removed by petition In er
rm. which bond shall be filed with said auditor or
or before the twentieth day after the entry OF the
order appealed from in the record of the commits
sioners But minors, idiots or lunatcs, or thei
guardians respectively, may appeal without giving
bond by causing entry TO that effect to be uade
within ihe period aforesaid. by the county auditor
in the record of the commissioners
Sec T. Within ten days after the hing oil al
appeal bond as aforesaid, or the making OF an en-
Try for an appeal as aforesaid, the county auditor
shall transmit the probate court, the original pa
pers in the premises and also a certified transcript
from the record of the commissioners of all procee
dings and orders had or made by or before them
herein upon the receipt of which the probate judge
shall forthwith docket the proceedings, styling the
petitioners, plaintiffs; and the appellant, or appel
tants, defendant or defendants; and shall set day
Tor the earring thereof, which shall not Ge Later
than the twentieth day after such docketng OF the
appeal.
Sec. S. If, upon the hearing of said matter il
shall appear that the proceedings previous 10 the
appeal, were in substance regular and legal, and II
no exception be taken by any claimant OF damages
to the assessment returned to ana approved Dy tne
county commissioners. it shall be the dnfy OF the
Probate Court to affirm the order OF the cominls-
s;one,s and to enter Judgment against the appel
lant or appellants for all costs created by the ap
peal
But if said previous proceeding shall be found to
be substantially erroneous. the court shall set them
aside, and order another view of three dinterested
frt ehoders of the county TO be appointed by the
court who shall perform the same duties that are
REQUIRED by the act aforesaid OF viewers appointed
by county commissioners except that they shall
make their return 10 the probate court.
The order 10 snid viewers shall specify place
where. and nav upon wlch--or within TWO days,
Sunday excepted tIiereatter--they shall meet TO
the performance of their duties, and
shall require them 10 make their report or before
a day III, in specified, which shall not be later
than the twentieth day after the entry OF the order
in said court
The court shall also appoint surveyor 10 attend
id viewers p,rnrm the duties required by the act
aforesaid of surveyors, who shall have power 10
take to his assistance two chainmen and a marker,
all of whom shall be disnterested and he shall de.
liver report and plat of his survey TO one OF said
viewers in lime 10 b5 returned with thelr report'
and il shall be so returned.
Sec. 6 If the proceedings and report OF the
viewers and surveyor, of the reviewers hcrelna-
ter mentioned, shall be substantially legal, and
shall so substantially coincide with the order OF
the commissioners appealed from, the court shall
con firm such proceedings and report. ana snail rem
der iudgpep; against the appel nt. or appellants,
for the costs Great by the appeal
Or if the report of said viewers shall be tavora-
BILE to the petitioners but shall materially vary from
the order appealed from. the court shall, neverthe-
less confirm the same, ii the same he 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 be paid by the appellants
or by the petitioners, or portion ot them by the
one party and the resiiue by the other, as may be
EQUITABLE, and shall render Judgment, or judy
ments, accordingly.
Sec. l. If the report OF the viewers. appointed
bv said court shall be adverse 10 establishing, al
terinp or Yachting the road the court shall, upon
:he motion of the petitioners, or any twelve of
lhem but not otherwise, order review by live dis
inte csled freehoderS OF the county, to be appointed
by the court, To whom an Order similar 10 that
herein before prescribed in respect TO viewers shall
he issuad; and such reviewers shall examine the
rond olt.ra road mai
thereof proposed to be vacated, as defined or refer
red to in tie order appealed from, and report in
writing to the court thu opinions ior or against
the same. with their reasons.
If their report shall be such as is mentioned in
the first clause of the preceding section, the court
shall proceed as directed in said clause.
But ii it be adverse TO such new road. alteration
or vacation no further proceedings shall be had in
the premi .es, except to render Judgment against
the petitioners for all costs that shall have accrued
from the commencement of the proceedings before
the commissioners; which Judgment shall be rem
dered by said court
Sec g. Whenever anv viewer. reviewer or
surveyor appointed by said court. shall be unable,
or fail to attend to the duty required of him, the
court may substitute another in his stead.
Sec g. Every viewer, reviewer, surveyor,
chairman or marker. appointed or selected under
he provisions oftls act, shall before entering up
ON his duties take an oath, or affirmation, faithful
ly and impartially to discharg the duties of his
which oath or affirmation may be ad-
by anv person authorized by the net
aforesaid to administer oatn, or affirmation, or
by any other competent authority
Sec. 10. That every claimant Of damages on ac
count of the establishment or alteration of county
or township road or the alteration OF State road
NAV appea to the probate court from the final de-
cision of the county commissioners, or township
trustees. confirming the assessment of damages
made by the viewers in his behalf, or the refusal of
the viewers to award damages TO him; which ap
neal shall be perfected and iocketeI in the mode
hereinbefore prescribed in section four, except that
the appellant shall b, the plaintiff aid the ohligors
in the bond mentioned in the second or thirty-hrs
SETON of the act Aforesaid as the case may be- shall
be the defendants.
Several claimants may unite in Joint appeal al
though their claims he distinct, or they may sever
ally appeal.
Upon such an nppeal, whether joint or several
the nrobate court shall confine itself 10 the question:
or questions, O fdamages presented by III and shall
forthwith after the docketinr thereof. issue a ve
nire for twelve or more dl4lntar"stsd men of the
coun,y having the qualifications OF jurors in other
c,ses to appeer in said court on day and At an
Sonr named in the venire which shall not be Ia
tor than the twentieth dav from Its Gate-t1 serve
n, iurors upon the trial of sal claim or Claims; and
shall also issue n summons. or notice. 10 all such
onnellnu-= whether Ioin Or several, and 10 the OBJ
I;rInrs ,(o-esoid TO attend at the same time m :,
Mace. which summons or notice shall be served by
delivering to each person named therein a copy
thereof or hv leaving such copy at his usunl place
Of abode ii any Of the parties are non-rcsienta oi
the county, but have an agent or attorney therein,
service on such agent or attorney in manner aore-
said. shall be sufficient, or a summons or notice
NAV be sent to another county for service upon any
party residing, or beng. therein. Il an appellant is
non resident as aforesaid, it shall he his duty,
when he perfects his appeal, to leave with the pro-
bate Judge the name of an agent or attorney in the
county,, upon whom service may be made as Azure.
said. and il he fail to do so, service upon him
shall he necessary. Service upon guardian shall
be sufficient service upon his ward.
Sec H. II any of sail Jurors fail TO attend, Oh
shall for GOOD caase be excnrsed from serving ol
shall be set aside on account of challenge, The
panel shall be filled with talismen as in other ca
ses. Each party shall be entitled To two perempto
~ challenges, and m,y make any number OF clal
lenges for cause. In respect To challenges, the np
pellan,, or appellants, whose claims are on trial
shall be considered as party, and the obigors a:
the other.
The Jury shall consist OF twelve men; and shal
be sworn in all the causes, whether the appeal:
were Joint or several, at the same time, unless fol
good cause shown the court shall otherwise direct
The Jury shall then, under the care OF an officer o
the court and with such person or persons as The
court mny appoint 10 show them the premises, anC
before any testimony shall be given except III,