True American. [volume] (Steubenville [Ohio]) 1855-1861, 1856-04-23

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Tor appellants, for all costs created BY III
/ appeal.
But if said previous proceeding shall b
found 70 be substantially erroneous, lhl
court shall set them aside, and order an
other view Of three disin,eresied freehoI
ders of the county to be appointed by th'
court who shall perform the same duties
that are required by the act aforesaid o
viewers appointed by county commission
ers, except that they shall make their re-
turn to the probate court,
The order 10 said viewers shall specify
place where, and day upon which
or within two days, Sunday excepted
thereafler-thsy shall meet 10 commence
the performance of their duties, and shall
require them to make their report on vi
before day therein specified. which shall
not be later than the twentieth day after
the entry Of the order in said court.
The court shall also appoint survey
or TO attend said viewers and perform the
duties required by the act aforesaid Of
surveyors, who shall have power to take
to his assistance two chainmen and mar
ker, all of whom shall be disinterested
and shall deliver report and plat Of his
survey 10 one of said viewers in time to
be returned with their report; and it shall
be so returned.
SECTION 8. If the proceedings and re.
port of the viewers and surveyor, or Of
the reviewers hereinafter mentioned, shall
be substantially legal. and shall also sub
stantialy coincide with the order Of the
commissioners appealed from, the court
shall confirm such proceedings and re-
port, and shall render judgment against
the appellant, or appellants, for the costs
created by the appeal.
Or, if the report of said viewers shall
be favorable 10 the petitioners, bu. shall
materially vary from the order appealed
from, the court shall, nevertheless, con-
firm 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 portion of Them by the
one party and the residue by the other,
as may be equitable, and shall render q
Judgment. or judgments, accordingly.
SECTION Z. If the report Of the view.
ers. appointed by said court, shall be ad-
verse to establishing, altering or vacating
the road, the court shall, upon the motion
of the petitioners, or any twelve of,hem,
but not otherwise, order review by FIVE
disinterested freeholders of the county, to
be appointed by the court, to whom an
order, similar TO that herein before pre-
scribed in respect TO viewers, shall be is.
sued; and such reviewers shall examine
the proposed new road. or alteration, OF
road or part thereof proposed to be yaca.
ted, as defined or referred 10 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 is men
toned in the first clause of the preceding
section, the court shall proceed as direc.
ted in said clause.
But if i, be adverse to such new road
alteration or vacation, no further precee.
dings shall be had in the premises, except
10 render a judgment against the petition.
ers for all costs that shall have accrued
from the commencement OF the pre- ecedings
before The commissioners which judg-
ment shall be rendered by said court.
SECTION 8. Whenever any viewer, re-
viewer or surveyor, appointed by said
court, shall be unable, or fail, 10 attend tr
the duty required of him, the court may
substitute another in his stead. ia
SECTION Q. Every viewer, reviewer
surveyor, chairman or marker, appointed
or selected under the provisions Of this
act, shall, before en'eiing upon his du
ties. take an oath, or affirmation, faithful
ly and imPartially to discharge The duties
of his appointment; which oath or atiir
nation may be administered by any per
son authorized by the act aforesaid to ad
minister an oath. or affirmation, or b,
any other competent authority.
SECTION 10. That every claimant o
damages on account Of the establishment
or alteration Of countyor township road
or The alteration Of d. State road, may ap
peal 10 the probate court, from the 6na
decision Of the county commissioners, o
township trustees, confirming the ASSESS
ment Of damages made by The viewers il
his behalf, or the refusal Of the viewer
10 award damages 10 him (which appea
shall be perfected and docketed in th'