Fremont journal. [volume] (Fremont, Sandusky County [Ohio]) 1853-1866, 1856-05-16

I
later than the twentieth day after the entry
of the order in said court.
The court shall also appoint a surveyor
to attend said viewers and perform the du-
ties required by the act aforesaid of survey
ors, who shall have power to take to his
assistance two chairman and marker, all
of whom shall be disinterested, and ha shall
deliver report nd plaat ofhis surveyed
to one of the viewers in time to be return
ed with their report; and it shall be so
returned.
SEC. 6. If the proceedings and report
of the viewers and surveyor, or of the re-
viewers hereinafter mentioned, shall be
substantially legal, and shall also substantial
! " coincide with the order of the commits
siouers appealed from, the court shall con-
firm such proceedings and report, and shall
render a judgement against the appellant,
or appellants, for the costs created by the
appeal.
Or, if the report of said viewers shall be
favorable to the petitioners, but shall mate
rally vary from the order appealed from,
the court shall, nevertheless, confirm the
same, if the same be 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 por-
ton of them by the one party and the resi-
due by the other, as may be equitable, and
shall render a Judgment or judgments, ac-
cordingly.
Sec. 7. If the report of the viewers,
appointed by said court, shall be adverse to
establishing, altering or vacatiug the road,
the court shall upon the motion of the pc
TONERS, or any twelve of them, but not
otherwise, order review by five disinteres-
ted freeholders of the county, to be appoin-
ted by the court, to whom an order, similar
to that herein before prescribed in respect
viewers shall, be issued; and such reviewers
shall examine the proposed new road, OF
alteration, or road, or part thereof proposed
to be vacated, as defined or referred to in
the order appealed from, and report in
writing to the court their opinions for or
against the same, with their reasons.
If their report shall be such as mentioned
in the first clause of the preceding section,
the court shall proceed as directed in said
clause.
But if it be adverse to such new road,
alteration or vacation, no further proceedings
shall be had in the premises except to rem
der Judgment against the petitioners for
all costs that shall have accured from the
commencement of the proceedings before
the commissioners; which Judgment shall
be rendered by said court.
Sec. 8. Whenever any viewer, review
er or surveyor, appointed by said court,
shall be unable, or fail, to attend to the du-
ty required of him, the court may substi-
tuted another in his stead.
SEC. g. Every viewer, reviewer, sur
veyor chairman or marker, appointed or Sc
lected under the provisions of this act shall,
before entering upon his duties, take an
oath, or affirmation, faithfully and imparti-
ally to discharge the duties of his appoint
ment; which oath or affirmation may be adj
ministered by any person authorized by the
act aforesaid to administer an oath, or af-
firmatiOn, or by any other competent au-
thority.
SEC 10. That every claimant of dam
ages on account of the establishment or al
teration of a county or township road, or
the alteration of State road, may appeal
to the probate court, from the final decision of
the county commissioners, or township trus-
tees, confirming the assessment of damages
made by viewers in his behalf, or the refu-
sal of the viewers to award damages to him :;
which appeal shall be perfected and docket
ed in the mode herein before prescribed in
section 4, except that the appellant shall be
the plaintiff and the obligors in the 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 joint
appeal, although their claims be distinct
or they may severally appeal.
Upon such an appeal, whether joint or
several, the probate court shall confne it
self to the question, or questions, of dam,
ages presented by it; and shall forthwith,
after the docketing thereof issue venire
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 hou? named in the venire-I
which shall not be later than the twentieth
day from its date-to serve as jurors upon
the trial of said claim or claims; and shall
also issue a summons, or notice, to all such
appellants, whether joint or several, and toI
the oblgors aforesaid, to attend at the same
time and place; which summons or notice
shall be served by delivering to each person
named therein a copy thereof, or by leaving
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 there
in, service on such agent or attorney in
manner aforesaid, shall be sufficient, or a
or notice may be sent to another
county for service upon any party residing,
or being, therein. If an appellant is
as aforesaid, it shall be his
luty, when he perfects his appeal, to leave
With the probate Judge the name of an
lgent or attorney in the county, upon whom
service may be made as aforesaid, and if he
all to do so, no service upon him shall be
Service upon a guardian shall
&c sufficient service upon his ward.
SECTION IL. If any of said jurors fail
o attend, or shall for good cause be excused
rom serving, or shall be set aside on ac-
cunt of challenge, the panel shall be fill
d with talismen as in other cases. Each e;