Eaton Democrat. [volume] (Eaton, Ohio) 1843-1856, 1856-05-08
EATON, PREBLE COUNTY, 0 MAY 5, 1856

contt 10 whom an order, similar 10 that herein
oeiore prescribed in respect to viewers. shall
be issTed; and such reviewers shall examine
The proposed new road, OF alteration, or road,
or part thereof proposed 10 be vacated, as de-
hned or referred 10 in the order appealed from,
and repof. In writing 10 the cont their Opin-
ions or against The same, with their reasons.
III life1r report shall be sueh as is me nii6ned
IN The first clause Of che proceeding section,
lhe court shall proceed as objected in said
clause.
But II il he adverse 10 such new road, alter.
alton or vacation, no further proceedings shal II
1be had in the premises, except 10 render o
judgement against the petitioners for oil costs
| that shall have accrued from The commence
ment Of the proceedings hefure the commission.
ers; which Judgement shall be rendered by
said court
SECTION 8. Whenever any vie wer, reviewer
OF surveyor, appointed by said cour, shall be
HnDble, or fail, 10 attend 10 the duty required
OF him, the cUurt may substitute another in his
stead.
SECTION 9. Eyeryyiewer, reviewer, survey
or, chnluman or marker, appointed or seleeled
under The provisions OF this act, shall, b.fole
enieting upon hlS duties, take on oath, OF offir-
ma.ion, faithfully aud impsrlaly TO discharge
| The duties Of his appointment; which cath OF
affirmation may be administered by any person
authorized by the act aforesaid TO administer
an oath, or affirmation, or by any other COM
| pc tent authority.
SECTION 10. That every claimant, OF dana.
ges on account of the establishment or alleGa
ton of 0 county or township road, or the al
terat ion OF o State road, may appeal TO the
| la of -.
county commissioners, or township trustees,
confirming the assessment oi damages made
| BY ;he viewers iu his behalf, or the refusal Of
the viewers 10 award damages 10 him; which
appeal shall be perfected aud d0ckeleG 10 ihe
mode LerenbeiOre prescribed in section four,
except that the appellant shall be The p'aintill
and The oblgors in The bond men i0ned in the
second or ihlIiy first section OF the act aiore.
said, as the case may be, shall be the defend.
eniS,
Several clrimantS may unite in joint ap.
peal, although their claims be distinct, OF they
may seyerally appeal Z.
Upon such all appeal, whether joint or sew.
eral, the probate court shall confne itself 10
the question, or questions, OF damages presen
ted by il; aud shall forthwith, after The dock
citing thereof, issue vinire for Twelve or more
diSnterested persons OF the county, having the
qualifications Of Jurors in other cases, TO ap
pear IN said court on day and at an h1ur
named in The venire-which shall not be later
than the twentieth day from its dale-to serve
as Jurors upon the trial o( said clam or claims;
and shall also issue summons, or notice, TO
all such snpellsn,s, whether jeiRt or several,
and TO the obllgors aforesaid, 10 attend o; the
same lime 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 are non residents OF The county,
but have Gn agent or attorney therein, service
on such agent or attorney IN manner aforesaid,
shall be sufficient, CT summons or notice
mny be sent 10 another county for service upon
any pariy residing, or being, therein. If an
appellant is a non resident as aforesaid, il
shall be his duty, when he perfec;s his sppeal,
to leave with The probate judge The name ofan
agent or attorney in the county, upon whom
service may be made rs Aforesaid, and If he
fail TO do so, no service upon him sbal. be
necessary. Service upon guardian shall be
sufficient sew ice upon his ward.
SECTION IL. II any of said jurors ,ail % al.
tend, or shall for good cause be excused from
serving, or shall be sci aside on accoun. of a
challenge, the panel shall be filled with tails.
men as III other cases. Each party shall be
entitled to two peTemptory chalenges,sn may
make any number Of challenges fot cause. In
respect TO challenges, the appellant, or appel,
lanls, whose claims are on trial, shall be con.
Sidered os one party, and the obllgors as The
other.
The juiy shall consist OF twelve men; and
sha 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
other ise direct. The jury shall then, under
The care OF an officer OF the court aud with
such person or pc rsons os the court may ap-
point 10 slto@ them the premises, and before
any testimony shall be given except the plat
and field notes 1.-THE rord, and the title papers.
If produced, Of the claimants, which lbey shall
take with them, proceed 10 examine The road
as established or altered, aRd the propt trtj OF
the several claimants taken therelof, or aleged
10 be injured thereby; and orlet making such
examination shall return 10 the probate court
at the tine the court shall have apponleG;
whereupon the trial OF said claims, in the order
the coun shalt direct, or any number or ell Of
them at The same lime if the parties so agree,
shall he proceeded with in The same manner as
ia otaer jury trials in said court. The jury
shall render separate verdict upon each
claim which sha be entered upon The record
OF The court, and a new iia shall not be gran
led except for misconduct Of the jury; nor
shall an appeal. except by petition in error, as
hereinafter provided, be taken 10 any other
court.
SEcTioS IL. When an assessment OF DANA
ges shall have been made, or refused, by view
ers Of 3 county or township road, or alteration
Of State, County, or township road, appointcd
by the PROBATE court, any claimant may, before
the confirmation oflhe viewers repor,, file ex-
ceptions TO their decision upon his claim.
whether il was Ieieced altogether, or whether
damages were awarded 10 hinI; whereupon
such proceedings shaH be had for trial by
jury, Of his claim, aud OF any others thus pre-.
senied, as are provided in The preceding sec
lion; and The provisions Of said sections shall,
in oil respects, apply 10 the snme.
SEcrea Is. II, by the final decision in the
probate coug, any claimant Of Lansges shall
aot obtain greater sum Than was arded 10
him by The order OF the commissioners or town.
ship trustees from which he appealed, he shall
pay all COSTS created byhis sppeal,so far as The
court may ascertain the same, and juegeme Mt
shall be rendered against him for tie snme.
In oil cases not hefeinbefure specially pro-
vided for, thr court shall give such Judgement,
OF judgements, in respect 10 the costs, as may
be equitable.
SEcTIos "A. All Judgment is befeinbefore
provided for, shaii he rendered in favor Of the
State, aud may be enforced by execution issued