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

his behalf or the ersfuaal otthe viewers 10 award
damages to bin; which appeal shall be psrfee-
ted and dock sted in the mode hereinbefOrs pre-
seribsd IN section four. except that The aPpell-
ant shall be the plaintiff and tbs OblgOrs in
the bond mentioned in the second or thirty
first section of Ihs act aforesaid, as The case
nav be, shall be the defendants, -
Several claimants may unite in najOini appeal
although their slams bs distinct, or they may
seVsrally appeal. ~ rfl
Upon such an appeal. whether joint or sew
eral. the probate court shall eOndns itself to
the question, or questions. Of damages Presen-
ted BY IL; and shall forthwith, after the docket,
ing thereof, issue venire for twelve or more
disinterested men Of the county, having the
qualifications Of jurors in other cases. to sp'
pear in said court on day and at an hour ma
med in the venire-which shall not be later
than the twentieth day fromIts date-to serve
as Jurors upon the trial Of said claim or claims;
and shall also issue a summons, or notice to all
such appellants, whether joint or several, and
to the ObligOrs aforesaid, 10 attend at the same
time and place; which summons or notice shall
be served By delivering to each person named
therein a copy thereof, or by leaving such copy
ct bis usua! place Of abode. Ifany of the par
ties are non.residents OF the county, but have
an agent or attorney therein, service on such
agent or attorney in manner aforesaid, shall be
sufficient, or a summons or notice may be sent
10 another county for service upon any party re-
siding, or being therein. Ifap appellant is
nonresident as AFORESAID, il shall be bis duty,
when he perfects his appeal, to lesye With the
probate Judge :he name Of an agent or attorney
in the county, upon WtOp service may be made
as aforesaid, and If he fail to do so, no service
upon him shall be necessary. Service upon a
guardian shall be sufficient service upon bis
yard.
Section II. II any Of 'Sid jurors fail to
attend, or shall for good cause be excused from
serving, or shall be set aside on account of a
challenge, the panel shall be filed with tails.
men as in other cases. Each party shall be
entitled to two peremptory challenges, and may
make any number of challenges for cause. In
respect to challenges, the appellant or appel
lants, whose claims are on trial, shall be con-
sidered as one party. and the ObligOrs as the
other.
The jury shall consist Of twelve men; and
shall be sworn in all the causes, whether the
appeals were joint or several, atthe same time,
unless for good cause shown the court shall
otherwise direct. The jury shall then, under
the care Of an officer of the court and with
such person or persons as the court may aP'
point to show them the premises. and before
any testimony shall be given except the plat
and Geld notes Of the road, and the title papers
il produced, Of the claimants, which they shall
take with them, proceed to examine the road
as established or altered, and the property Of
the several claimants taken therefor, OF alleged
to be injured thereby, and after making Fqch
examination shall return to the probate court
at the time the court shall have appointed;
whereupon the trial Of said claims. in the or
der the coult shall direct, or any number or oil
Of them at the same time If the parties so agree.
shall be proceeded with in the same manner As
other jury trials in said court. The jury
shall render separate verdict upoR each claim
which shall be entered upon the record Of the
court, and new trialshall not be granted ex-
copt for misconduct Of the jury; nor shall an
appeal, except by petition in error, as herein
after provided. be taken to any other court.
Section l2. When an assessment of DANA
ges shall have been made. or refused, by view.
ers Of q county or township road, or alters.
ton Of State, county, or township road, ap-
pointed by the probate court, aRy claimant
may, before the confirmation of the viewers
report, file exceptions to their decision upon
his claim, whsther 1t was rejected altogether,
or whether damages were awarded to him.
WhereupOl such proceedings shall be had for a
TRIAL BY ju1y, of bis claim, and of any others
thus presented. as are provided in the preced-
ing section; and the provisions Of said section
shall, in all respects, apply to the same. '
Section l3, II, by the anal decision In the
probate court any claimant Of damages shall
not obtain a greater sun than was awarded sc
him by the order Ofthe commissioners or town
ship trustees from which he appealed, he shal
pay all costs created by his appeal, SO far al
the court can ascertain the same, and judg
ment shall be rendered against him for th'
same.
| In all cases not hereinbeforC specially pro
vided for. the court shall give such judgement
or judgements, in respect to the costs. ss ma,
be equitable. u MISC
4 Section IA. All judgments hereinbefor