The weekly Portage sentinel. [volume] (Ravenna, Ohio) 1854-1861, 1856-07-03
LA w S OF OH 10.
PUBLIsmED By AUTHORITY
No. sl.l AN ACT,


No. G.l AN ACT,
To rmcnd an act entitled san actor opening and reg
nlating roads aud highways passed Jlnuary "a,
sEcTroS l. Belt saaetsd By tks CsasraI Assembly
Of tAs state Of okfo, That 40 cider OF the county
eommissoners for the establishments ofa county rcad
for the alteration vacation, Ia whole or 10 part oil
state county ruad shall bo uNccJted until iTeht!
days shall have elapsed ftcf The oHtr Of S1ch order Ia
the record oftho commissioners.
sEo. 2. Thlt appeal Cson the lual order of the
county commissioners esiabiisling Il county road, OF
altering vayating, Ia Whole In part, siaie or
county road, may bs htento TO the probu;e e"Grt OF ho
county hy any person or persons hIVitg an IS
tate In fea for life, years. in ANY lands Or ne nens
situate in any township in said county, in orthrough
which township such new, altered or vacated road pas
ses, or by the husband amy married womanor guar
dian OF any ward, having such an estate. =.
SRc. J. That in order 10 perfect such an appeal IL
shall be eccssary for The appellant or appellants, 10
execute with suhieen. surees cause 10 be eXecu
ted by sufficient surees, to be approved by The county
Ohio, in penal Of nOtess than one hundred nor
more than ikroe hundred dollars, la the discretion Of
said auditor conditioned for the payment by such APP
pelIant orappeants ofal costs that may be adludged
aganst him. them, in the probate court, or In any
other court to which the proceeding may DO removed
by petition in error which bond shall be ilcd whs said
auditor or before the twentieth day Sfer the entry
ofthe order appealed from in the record of the com
mIssioners. But minors, idiots mustcs, or their
guardians respectively, may appeal without giving
bond by causing an entry to that effect 20 be made,
within the period Aforesaid, .! lhe county aua'oF III
SSc T. Within ten days after the filing Of an appeal
bond aforesaid, the making Of entry for an aP
peal aforesaid the county auditor shall transmit to
the probate court the original papers in the premises,
and also eerti1ed transcript from the record OF the
commissioners, OF all proceedings and orders had or
made by or before them, therein; upon the receipt of
which the probate judge shall forthwith docket the pro-
ceedings styling the petitioners plaintihahd The appel,
liant appellants, defendant or dcftndants and shall
set day for the hearing thereof which shall not be la
ter than the twentieth day after such dockcng o! The
appeal ., Ill
appear that the proceedings previous to the appeal
were in substance regularand legal and ifno exception
be taken by the claimant! of damag the assessment
returned to and approved by the county commission
ers II shall be tho duty of the probate court to alirm
the order ofthe commissioners, and 10 eEeru Judgment
against the appellant, or appellants for all costs crea
Hut II said previous proceeding shall be found to he
substantially erroneous the court shalt get them aside
and order another view Of dsneresei ircehndcrs Of
the county to be appointed by the court o shall per-
form the duties thatare required by the act aforc-
said of viewers appointed by county commissioners
except that they shall make their Tetlrn TO the probate
The order TO said viewers shall specify place where,
and day upon which--or within Two days, Sunday cT
cepted, thereafter they shall meet to commence the
performance Of their daties, and shall require them TO
make their report before day therein specified,
which shall not be later than the twentieth day alter
the entry of the order in said court.
The eolrt shall also appoint surveyor to aterd
said viewers and perform tho duties required by the
act aforesaid of surveyors who shall have take
to hts assistance two chainmen and marker, all Of
whom shall be dsnterested and he shall deliver re-
por and plat of his survey 10 Of said viewers in
time to be returned with their report; and it shall be
SEC 6. If the proceedings and report ofthc viewers
and surveyor, ofthe reviewers hereinafter mauon-
ed shall be substantially legal, and shall also slbStln
TALLY coincide with the order Of the commissioners
pealed FROM the court shall confirm such proceedings
and report, and shall render Judgment against the ap
peaut, appellants, for the costs created by the ap-
peal.
the petitioners. but shall materially vary from the
derappealed from the court shall neverthe ess cornr'n
the same if the same be within the scope the petition
and substantially legal; and the court may, In sucl
ease require all the costs created by the appeal to be
paid by the appellants or by the petitioners. or por
ton of them by the party and The residue by tht
other, may be equitable, and shall render judg
ment or judgments accordingly.
Sec Z. II the report otthe reviewers, arpoirtedb!
said court shall be adverse to establishing altering
vaeating the road, the court shall. upon the motion o
the petitioners, any twelve of them, but not other
wise, order q review by five dsinerestcd TeeAolder
ofthe county to be appointed by the court 20 whom
order similar to that herenbefOrc prescribed in re
spect Viewers shall be issued; and such reviewers
shall examine the proposed new road, or alteration, o
road, part thereof proposed TO be vacated, as de
ned or referred to in the order appealed from, an'
report in writing to the court their opinions for O.
against the same, with their reasons.
If their report shall be such mentioned In th
FIRST clause OF the preceding scction tho court shai
proceed as directed in SAID cause.
Butif it be adverse to such rev road, alteration o
vacation, no further proceedings shall be had in tn
promises, excePtto render a judgement against tn
petitioners for all costs that shall have occurred IRON
the commencement of tbs proceedings before the com
mssioners whichJudgement shall be rendered by SAT-
court.
SEC. 8. Whenever any viewcr, reviewer or survey
or, appointed by said court shall be unable or fail tc
attend to the duty required fhin, the court may SUB
stituta another in his stead.
sSSEc 0. Every viewer reviewer, surveyor chainmaT
marker. appointed or selected under the provision
ofths act sha before entering upon his duties, take
an oath, or affirmation faithfully and impartaliy t.
discharge the duties of his appointments which oatl
or affirmation may be administered by any person
.aA H. 49, tn ,fpiGF nT
oath affirmation, by any otIer competent author
V.
ofthe establishment or alteration Of county @rtown
ship road, the alteration ofa State road may appea
10 the probate court, from the final decision Of th'
county commissioners, or township trustees confirm
ing the assessment of damages made by the viewers il
in his behalf the refusal OF the viewers to aware
damages to him; which appeal shall be perfected M
dOcketed in the mode herenbcfora described IN sec
four, except that the appellant shall be the plaintiff ant
the obligors in the bond mentioned in the second o
thirty section the act aforesaid as the case MAJ
be. shall be the defendants.
Several claimants nay unite in a joint appeal al
though their claims be distinct, or they may several
Upon such appeal whether joint several, the PRO
bate court shall coDfne itselfo the question: or qHes
tons of damages presented by it and shall forhWlI
after the dOcketiGg thereofsSuc venre for twelve
dsinerested men ofthe county, having the Gual
ifca iions ejurors in other cases, to appear in sal
court on day and at an hour named In the venlr1-
which shall not be later than the twentieth day from
its datGto as jurors upon the trial OF said ci2n
claims: and shalt also issue Il summons, or Eotce
10 all such appellants whe hcr Joint or SEVERAL and
the obligors aforesaid, to attend Gthc same time ant
places which summons notice shall be served by de
Iiverng to each person namedtheTen copy thereof
orby leaving such copy at his usual place OF abode
II any of the persons non-resdents Of the county
but have agent or attorney therein service on sac
agent or attorney in aforesaid, shall be sui
cent, or summons of notice may be sent to auothe
county for service upon any party residing or bain
therein If appellant is resident as aforesaid
IL shall be his duty, when he pcrtects his appeal,
leave with the probate judge the name of an agent
attorney in the county, upon whom service may b
made as aforesaid and if he failto do 50, no seryc
upon him shall be necessary. Service upon guar
dian shall be sufficient service upon his ward.
Sec. H. If any of said inrorsfd to attend, or shn
for good cause be excused from serying,o or shall b
set aside account ofa challenge, the panel shalt
flltd with tasmen as in other cases Each party sha
be entitled tn two pGremptOry challenges, and ma
make any number Of challenges for cause. In respec
to challenges the appellant orappelents, whose claim
are on trial shall Be considered as one party, and b
obligors rs the other.
Thsiufy shall consiat oil twaiv2 ri2n; and shall b
eworn in all the causes, whether the appeals wei
joint several, az the sans me unless 9f s2pl eau
shown, the court shall otherwise meet. Inc Jul
shall then, under the Of an officer of the coHlV
with such person or persons as tnc court may appo
to show them the pIenises, and bGDre any test
moBy shall be given except the plat aud field notes
the road and the title papers produced, the c!aC
ants, which they shall take with them proccedto C
anime the road as established or altered, and the pr
perty OF the several claimants taken therefor, or allie
ed TO be injured thereby; and after making Such cNaI
ination shall return to the probate court at the lin
the court shall have appointed where1pon the trai
said claims, in the order the court shall drect or a.
number Of all Of thcm at the same Sine If the partl
agree, shall be proceeded with in the same mann
as in other jury trials in said court Thejury shall re
der separate verdict upon each claim, which sb'
be entered upon the record of the court, and a ne
trial shall not be granted except or misconduct OF
jury; nor shall appeal except by petition IN errG
hereinafter provided, be taken to any other cou