The Perrysburg journal. [volume] (Perrysburg, Ohio) 1853-1861, 1856-05-24

making such examination shall return to the 9
probate court at the time the court shall
have appointed whereupon the trial of s
said claims, in the order the court shall di- {
rect, or any number or all of them at the
same time if the parties so agree, shall be
produced with in the same manners as in 9TH
er jury trials in said court. The jury shall
render a separate verdict upon each claim,
which shall be entered upon the record Of
the court, and a new trial shall not be grant
ed except for misconduct of the jury nor
shall an appeal, except by petition in error,
as hereinafter provided, be taken to any 9TH
er court.
SECTION 10. When an assessment Of dam
ages shall have been made, or refused, by |
viewers of county or township road, or al
tcration of State, county or township road, |
appointed by the probate court, any claim
ant may, before the confirmation of the view
ers report file exceptions to their decisions
upon his claim, whether it was rejected al
together, or whether damages we're award .
ed to him; whereupon such proceedings
shall be had for trial by jury, of his claim,
and of any others thus presented, as are pro-
/ vided in the preceding section, and the pro-
visions Of said section shall, in all respects
apply to the same.
} SECTION 13. If, by the fnal decision in the
: probate court, any claimant of damages shall
, not obtain a greater sum than was awarded
, to him by the order of the commissioner or
township trustees from which he appealed,
he shall pay all costs created by his ap
peal SO far as the court can ascertain the
same, and judgment shall be rendered against
him for the same.
In all cases not hereinbefore specially pro-
a vided for, the court shall give such judgment,
or judgments, in respect to the costs, as may
|, be equitable.
e SECTION II. All judgments hereinbefore
e provided for shall be rendered in favor Of
c the State, and may be enforced by execu
It ton issued by said probate court, of its own
: motion, or at the instance of any person en-
l. titled to any part thereof; and the money,
r when collected, shall be paid to the persons
o respectively entitled thereto.
: SECTION 8. The probate Judge shall make
|, record of all proceepings had in the pro-
J. bate court under the provisions of this act
d including the reports and plats of viewers,
n reviewers and surveyors ard forthwith
'r after the termination Of proceedings upon an
appeal shall transmit to the county auditor,
l. if the appeal was from the county commits
. sioncrs, or to the township clerk, if It was
IN from township trustrees, all original papers
received f,om him, and also transcript from
! the record aforesaid, Of the proceedings up
g on such appeal
a, SECTION 1G. III shall appear by the trans
Vi cript so transmitted to the county auditor
d that the court has approved the establishing,
L. altering, or yacaling road as mentioned in
r the fifth or SIKH section Of this act, and ,hat
the damages If assessed in or under the or
e. ders Of said court, do not, in the aggregate,
II exceed tie amount assessed, approved, and
y ordered to be paid on of the county treas
te ury, before the appeal, The auditor shall forth
with record, in the proper book the final de-
r cison Of said court in the premises, with all
Or reports, pats, field notes, or other matters
vi appearing in said township necessary to a
b, right understanding Of the same, and note in
10 said book the date of such recording, and
B; theuceforth the said road shall be established,
S vacated, or altered, az the case may be and
ct he shall issue the necessary orders for the
a. payment Of the damages.
Il Blu. if The damages so assessed exceed, in
the aggregate, the amount ordered to be paid
n out of the county treasurer as aforesaid, the
r auditor shall lay such papers and transcript
Ii before the county commissioners at their mex
he session, who may thereupou establish sucl
he road or alteration, and order the damage.
IS, to be ptil ont Of the county treasury, or re
es fuse 10 establish the same unless the dana
he ges, or such portion as they shall Iirc, bt
10 paid, within such times as they shall desg
nd nate, BY the petitioners.
ed SECTION IT, If the appeal from the county
mt commissioners was under the tenth sec iol
he of this act, and the damages assessed in tha
rst court in favor Of the appellants, shall no!
ly together with the damages awarded to tn
claimants who did not appeal, exceed th
n amount which the commissioners had, befor
or the appeal, ordered to be paid out of the coun
ty treasury, the auditors shall issue the nee
-. essary orders for the pay ment ofall said dam
70 ages and the road or alteration shall b
va considered as established from the date Of til
bo final order in the probate court. But if til
I've assessments in the probate court, with tn
-, damages awarded 10 the claimants not aT
~, pealng, shall exceed the amount SO ordere
"a to be paid out of the county treasury by tn
ai commissioners, the auditor shall lay the pa
its pers and Transcript received from the pro
or bate Judge, before the commissioners at thei
next session, and they shall act on the sam
Ne as in the case mentioned in the preceedin
~. session provided, however, that it shall b
nJ lawful for the commissioners, if in their opir
La ion, part only of road will be Of publ
,ed utility, TO record ana esLaOtsA Such useII
cT part, and reject the residue provided sue
lf division can be made without affecting tn
=, rights OF any person entitled to damages.
~ SECTION 10. The township clerk receiyin
20. transcript from the probate Judge as afort
ons S"'u' snI'. i"y ~ T0to'T 'lo VI"
iOa ,VI trinity with the decision of the probat
ae court,
er- SECTION 10. All township roads heret,
ate fore or hereafter established, are hereafter d.