Belmont chronicle. [volume] (St. Clairsville, Ohio) 1855-1973, 1856-05-29

COO.
;, with them. proceed to examine the road as esal
lished or altered, and the property OF the sever;
claimants taken therefor, or alleged to be in ure
thereby; and after making such examination sha
: return 10 the probate court at The time the cou
shall have appointed; whereupon the trial OF sal
claims, In the orcer the court shall direct. or an
number or all of them at The same tine if the par
ties 50 agree, sh all be proceeded with in the sam
manner as in other jury trials in said court. Til
jury snail render separate verdict upon each ciai
which shall be entered upon the record Of the cou!
and new trial shall not be granted except for mi
conduct OF the jury; shall an appeal, except b
petition in error, hereinafter proviied be take
q 10 any other court.
Sec. - When an assessment of damages shal
have been made, or refused, hv viewers OF q c0un
iy or township road, or alteration of State, coun
", TOW nshp road. app,intt by theprobaie cour
any claimant may, before the confirmation OF III
viewers report file exceptions TO their decision up
on his claim, whether 1t was rejected altogether,
whether damages were awarded to him; whsreupol
such proceedings shall be had .or t'ial byjury.
his claim and OF any others tins presented, as are
provided in the preceding Seciirn; and the pro
visions of said section shall, in all respects, apply
10 the same.
: Sec 10 If, by the final deci ion in the probat,
touIt, any claimant of damages shall not obtain
greater sum than was awarded 20 him by the ordel
OF the commissioners or township trustees from
: which he appealed he shall pay all costs created
by his appeal far the court ran ascertain the
same, and Judgment shall be rendered against him
tUr the same.
In all cases not hereinbefore provided for, the
court shall give such Judgment, or Judgments i'll
respect to the costs. as may be euuit ,ble.
Sec. IA. All judgments hereinbefore provided
for, shall be rendered in favor OF the Siote and
may be enforced by execution issued by sail plo-
bate court, of its own motion, or mt the instance
of any person entitled to any part thereof and the
money. when collected shall be paid 10 the persons
| respectively entitled thereto.
Sec. Is. The probate Judge shall make record
OF all proceedings had in the probate court under
the provisions OF this act, including the reports
and plats oil viewers, reviewers and surveyors; and
! forthwith after the termination OF proceedings up
on an appeal. shall transmit to the county auditor.
ii the appeal was fIom the county commissioners.
or 10 the township clerk. if it was from township
trustees, all original papers received from him, and
also transcript from the record aforesaid, ot the
| proceedings upon such appeal.
| Sec. TO- If 1t shalt appear by the transcript so
| transmitted to the county auditor that the court
has approved the establishing, altering vucating
4 road Us mentioned in the fifth or sixth section %
this act, and that the damages. if assessed in
under the orders of said court. do not, in the ag
gregae. exceed the amour: assessed. approved ,and
ordered to be paid out of the county treasury. be-
fore the appeal. the auditor shall forthwith record
in the proper book, the final decision OF said Court
In the premises. with all reports, plais held notes,
or other matters appearing in said township ne.
cesSary to II right understanding OF the same and
note in said book the date of such recording, and
thence forth the said road shall be established,
Gated, or altered as the may be; and he shall
issue the necessary orders for the payment OF the
damages.
But if the damages so assessed exceed. in the
aggregate the amount ordered 70 be paid out of the
county treasury as aforesaid the auditor shall lay
said papers and transcript before the county CON-
mssi ners nj their next session, who may there
upon establish such road alteration, and order
the damages tobe pali out oil the county treasury.
or refuse to eastabiish the same unless the DAM
ages or such portion as they shall require, be paid
within such time as ithey shall designate by the
petitioners.
Sec. II. # the appeal from the county commits
sfonerS under III" tenth section OF this act.and
the damages assessed in that court i'll favor of all
the appellants, shall not, together with the dam
ages awarded TO claimants who did not appeal ex-
coed the amount which the commissioners had be-
fore the appeal ordered II he paid out OF the coun
ty treasury, the auditor shall sue the necessary
orders fer the payment of all said damages; and
the road or alteration, shall be considered as estab
lished from the date OF the final order iii the pro-
bate court. But if the assessments in the PROBATE
court, with the damages awarded to claimants not
appealing, shall exceed the amount so ordered 10
be paid out of the county treasury by the papers
and transcript, received from The probate lndge. be-
fore Tie commissioners at their next session, and
they shall act upon the same as in tie case men,
toned in the preceding section provided however,
that i: shall be lawful for the commissioners. 1t. III
their opinion, part only OF u road viii be OF pub
lie utility record and establish such useful part,
and reject the rssi lue: provided such division can
be made without affecting the rights OF any ieTson
entitled to damages
Sec. Is. The township cle.l receiving n trans.
cript from the probate judge as aforesaid. shall ay
it before the township trustees, and they shall
make an order in conformity with the decision ci
the probate court.
Sec. 49, All township roads heretofore or here !
after established are hereby declared 10 be public
highways; but nothing herein shall be construed 10
require them to be established altered at the pub
lie expense, to be kept in repair at the public ex-
pense. further than is provided by the act to which
this is amendment.
Sec 90. The final decision of the probate court
made under the provisions of this act or the act TO
which this is:an amendment, may be reviewed, up /
on petition in error by the court OF common pleas
of the proper county, but shall not be reversed tGr
any defect in form il found to be substantially cor
rect Upon n reversal, the court o! common pleas |
shall have power to award writ of pIoccdendo,
when deemed necessary.
Sec 81. For their services required by this act.
or the net TO which this is an amendment, the OF
hcers therein mentioned or referred TO, shall each
be entitled TO the same fees as they entitled 10
by law for like services in other cases The per-
son or persons appointed to show the premises TO
jury as provided in the eleventh section OF this act
shall receive such compensa ion, to be taxed In the
cost bill, as the court shall direct
Sec. y. That section two oil the act to which
this is anendatory be so amended to read as
follows: Sec. ,. That all applications tor laying
out, altering or vacatlng any county road or Tor
altering or vacating State road within the
couaty, shall be by petition To the county c9mmls-
siGners, signed bv at least twelve treehoders OF
the county. residing in the vicinity where road
is TO lie la out, viewed, reviewed. altered nr va
Gated and one more Of the sinners I'd any petit
ton presented as aforesaid, shall enter into bond
with sufficient security payable TO the state OF Ohio
for the of the county, conditioned that the per
son or persons making such application shall paw
into the treasury OF the county the amount OF nj!
casts & expens accruing thereon in case thepr1V-
er of sald petitioners shall not he granted or wien
the proceedings had IN pursuance Thereon slIi n"i
be finally confirmed and estalished and on neglect
or refusal Of the persons b)unl alter liability
shall have accrued, the auditor OF the county shall
deliver such bond TO the prosecuting attorney.
whose duty it shall be 20 collect aud pay over the
sa,ne to the county treasurer, and in all cases OF
contest the court having jurisdiction of the case
have full power to render Judgment Tor costs ac-
cOrdlng TO justice between the parties.
Sec. %. That the third section OF SAID act be Il
is herehv so anr nded as 10 read as follows: Sec.
B. That all petitions for laying out, vacating or
altering any county road or altering or vacating
any State road within tie county shall specify the
place OF beginning the ntermeuiate points, 1t any.
and the place of termination of said road or part
proposed TO he altered or vacated.
Sec. 81. The second, third. eighteenth, twen-
ich twentv-first twenty-second, twcnty-tlird
twenty fourth twenty fifth, and twenty-sixlh
lions of the act to which this is amendment are
hereby repealed,
Speaker of the House of Reprt sentatives.
THOMAS ii. FORD,
President of the Senate
April 8, 1856.
AN ACT
To amend the second section Of an umcndatory