Meigs County telegraph. [volume] (Pomeroy [Ohio]) 1848-1859, 1856-04-29


tally TO discharge the duties of his appoint
menti which oath or affirmation may be ad
administered by any person authorized b.
the act aforesaid to administer an oath, o
> affirmation, or by any other competent au
thority. aa rs
J Sec 10. That every claimant of dam
n ages on account Of the establishment or al
teration of county or township road. or al
: teration of State road, may appeal to tn
probate court, from the final decision of th
/ county commissioners, or township trustees
r confirming the assessment of damages mad
e by the viewers in his behalf or the refusa
of the viewers to award damages to him
! which appeal shall be perfected and dock
eted in the mode hereinbefore prescnbedil
section four, exceptthat the appellant sIal
be the plaintiff and the obiigorsrin thebonC
. mentioned in the second or thirty first sec.
/ ton Of tie act aforesaid, as the case may be-
shall.be the defendants..l q ! ..3k7HC
! Several claimants may unite in a, Joint ap-
peal, although their claims be distinct, OF
they may seyerally appeal. s,a,s .r,.gs /.
Upon such an appeal, whether joint or
; several, the probate court shall contine it.
self to the question, or questions, of dam
ages presented by it; and shall forthwith,
after the docketing thereof. issue a venre
for twelve or more disinterested men of the
county, having the qualifications of jurors
in other cases, to appear in said court on a
! day and at an hour named in the venire
which shall not be laterth the twentieth
day from its date TO serve as jurors upon
the trial Of said claim or claims; and slso
issue a summons or notice, to all such appel
lants. whether joint or several, and to the
obligors aforesaid, TO attend at the same
time and place; which summons or notice
shall be served by delivering to each person
named therein copy thereof, or by leaving
such copy at his usual place of abode. II
any Of the parties arenon residents of the
county, but have an agent or attorney there
in, service on such agent or attorney in
manner aforesaid, shall be sufficient, or a
summons or notice may be sent to another
county for service upon any party residing,
or being therein. If an appellant is a non
resident as aforesaid, it shall be his duty,
: when he perfects his appeal, to leave with
the probate Judge the name of an agent OF
attorney in the county, upon whom service
may be made as aforesaid, and if he fail to
do so, no service upon him shall be neces-
, sary. Service upon guardian shall be suf-
ficient service upon his ward. ''
SEC. II. If any of said jurors fail to at
tend, or shall for good cause be excused
, from serving. or shall be set aside on &C.
: count Of challenge, the panel shall be
filed with talismen as in other cases. Each
party shall be entitled to two peremptory
challenges, and may make any mum.
Der Of challenges for cause. In respect tc
challenges, the appellant or appellants
whose claims are on trial, shall be consid
cred as one party, and the obligors 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
before any testimony shall be given ex-
cept the plat and field notes of the road
and the title papers, if produced OF the
claimants, which they shall take with them
, proceed to examine the road as established
or altered, and the property of the several
claimants taken therefor, or alleged to be
injured thereby; and after making such ex
animation shall return to the probate cour
at the time the court shall have appointed
wherepon the trial Of said claims, in the or
+ der the court shall direct, or any number OF
all of them at the same time if the parties
: so agree, shall be proceeded with in the
? same manner as in other trials in said court
A The jury shall render separate verdict up
pom each claim, which shall be entered up
{ on the record of the court, and new tria
shall not be granted except for misconduc
0 of the jury; nor shall an appeal, except BY
S petition in error, as hereinafter provided
be taken to any other court
SEC. r. When an assessment of dam
f ages shall have been made, or refused, BY
! viewers of county or township road. or a.
D teration of State, county, or township
| road, appointed by the probate court, AM
claimant may, before the confirmation Of til,
{ viewers report, file exceptions to their de
cison upon his claim, whether it was rejec
ted altogether, or whether damages were
= awarded to him; whereupon such proceed
S ing shall be had for trial by jury, of hi
. claim, and of any others thus presented, al
A are provided in the preceding section; ant
. the provisions of said section shall, in al
respects. apply to the same.
L Sec 13. II, by tie final decision in th,
: probate court, any claimant Of damages
shall not obtain greater sum than wa'
e awarded to him by the order of the com
f missioners or township trustees from which
/ he appealed, he shall pay all costs created
e by his appeal, so far as the court can ascer
y tain the same, and judgment shall be rem
a dered against him for the same.
G In all cases not hereinbefore specially
provided for, the court shall give such judg
ment, or judgments, in respect to the costs
as may be equitable. .
f. SEoJsl4. All judgments hereinbefor'
o provided for, shall be rendered in favor o
, the State, and may be enforcGd by execution
= issued by said probate court, Of its owl
It motion, or at the instance Of any person en-
+ titled to any part thereof; and the money
Ii L a.. al.