Carroll free press. [volume] (Carrollton [Ohio]) 1834-1861, 1856-04-24


ties. 10 be approved 81 Che county auditor, q
bond or undertaking, PaySble TO the state OI
Ohio, in 8 penal sun Of not less than one hun
dred nor more thap three hundred dollars, iu
the discretion Of SAID auditor. conditioned for
the payment BY such appellant or appellants.
Of all costs that may be adjudgsd against him.
or them, ia the probate court, or IN any other
court towhlch the proceeding may be removed
by petition ia error, which bond shall be fled
1 With said auditor on or before the twentieth
day after The enlry.of lhs order appealed frcm
] in the record Of the commissioners. But mi
| nors, idiots or lpaatics, or their guardians re-.
specliveIy, msy appeal without giving bond, By
| causing an entry 10 that effect 70 be made,
| within the period aforesaid, by the county au.
ditor 10 the record Of the commissioners.
Section 4. Within ten days after the fling
Of an sppesl bond IS Aforesaid. or The making
of an entry for an appeal as aforesaid, the coun-
~ auditor shall transmit to the probate court,
the original papers in the premises and also
certified transcript, from the record Of the COM
missipnsTs, Of all proceedings and orders had
OF made by or before them, therein; upon the
receipt Of which the probate judge shall forth
with docket the proceedings, styling the petition.
ers, plaintiffs; and the appellant, or appellants,
defendant or defendants; and shall set day
for the hearing thereof, which shall not be Ia
ter than the twentieth day after such dOcketing
Of the appeal.
Section s. IT, upon the hearing Of said mat
ter IL shall appear that the proceedings previous
to the appeal. were in substance regular and le-
gal. and il no exception be taken BY any clai-
mant Of damages to the assessment re-
turned to and approved BY the county commits
sionsrs, it shall be the duty Of ths Probate
Court to affirm the order of the commissioners,
and to enter ajudgement against the appellant,
or appellants, for all costs created by the ap-
peal.
But II said previous proceeding shall bs
found to be substantially erroneous, the court
shall set them aside, and order another view ol
three disinterested freeholders Of the comfy to
be appointed by the court who shall perform
the same duties that are required by the act a.
fOresaid Of viewers appointed by county com-
missiOners, except that they shall make their
return TO the probate court.
The order to said viewers shall srecify place
where; and day ppOp whch-Or within two
days, Sunday excepted, thereafter-they shall
rnset 10 commence the performance of their du-
ties, and shall require them to make their re-
port on or before a day therein specified, which
shall no! be later than the twentieth day after
the rntry Of the order in said court.
The court shall also appoint surveyor to
attend said viewers and perform the duties re.
qured by The act aforesaid Of surveyors, whp
shall have power to take 10 bis assistance two
chainmen and marker, all Of whom shall be
disipterestsd and he shall deliver report and
Plat Ofhis survey 10 one of said viewers in lime
to be returned with their report spd il shall
be SO returned.
Section q. II the proceedings and report Of
the viewers and surveyor, or Of The reviewers
hereinafter mentioned. shall be substantially le-
gal, and shall also substantially coincide with
the order Of the commissioners appealed from,
the court shall confirm such proceedings and
report, and shall render judgment against the
appellant, or appellants, for the costs created
by the appeal.
Or, IL the report of said viewers shall be "a
vorable to the petitioners, but shall materially
vary from the order appealed from, the court
shsll, nevertheless, confirm the same, il the
samp be within the scope of the petition and
substantially legal and the COurl may. in such
case, require all the costs created by the Ap'
peal 10 ha paid by ths appellants, or by the Pc
titioners, or portion of them by the one party
and the residue by tho other, as may be equi'
table, and shall rendera judgment, or judg'
msnts, accordingly, 10. ha
Section 7. II the report Of The viewers ap.
pointed BY said court. shall be adverse to es-
tabliShing. altering or vicatipg the road, the
court shall. upon the motion Of the petition
ers, or any twelve of them, but not otherwise,
order review by FIVE disinterested freehold
ers Of the county. to be appointed by the court,
to whom an order, similar TO that herein before
prescribed in respect 20 viewers, shall be issued
and such reviewers shall examine the proposed
new road, or alteration, or road, or part
} thereof proposed to be vacated. as defined OF
{ referred to in the OF der appealed from, and re-
port in WritlngtO the court their opinions for o.
against the same, with their reasons.
II their report shall be such as is mentioned
. in the first clause Of the preceding section, .h,
r court shall proceed as directed in said clause.
! Buff il be adverse to such new road, altera
{ tiOn or vacatiOn.nO further proceedings shall b
had in the premises, except to render iudg
ment against The petitioners for all costs ths
hall have accrued from the commencement q