Fremont journal. [volume] (Fremont, Sandusky County [Ohio]) 1853-1866, 1856-05-16


cept the plat and field notes of the road
and the title papers, if 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, or alleged to be
injured thereby; and after making such ex-
animation shall return 70 the probate court
at the time the court shall have appointed; !;
whereupon the trial of said claims, in the
order the court skali direct, or any number
Or all of them at the same time if the par
ties so agree, shall be proceeded with in
the Same manner as in other jury trials
in said court. The jury shall render a
seperate verdict upon each claim, which
shall be entered upon the record of the
court, and new trial shall not be granted
except for misconduct of the jury; nor
shall an appeal, except by petition in err
ror as hereinafter provided, be taken to
another court.
SECTION II. When an assessment of
damages shall have been made, or refused,
by viewers of a county or township road, or
alteration of a state, county, or township
road, appointed by the probate court, any
claimant may, before the confirmation of
the viewers report, file exceptions to their
decision, upon his claim whether it was re-
jected altogether, or whether damages were
awarded to him; whereupon such proceed
ings shall be had for trial by jury, of his
elaim,and ofany others thus presented,a ,as are
provided in the preceding section, and the
provisions of said section shall, in all re-
spects, apply to the same.
SEeFtesia. If, by the final decision in
the probate court, any claimant of damages
shall not obtain greater sum than was
awarded to him by the order of the com
missioners or township trustees from which
he appealed, he shall pay all costs created
by his appeal, 50 far as the court can ascer-
tain the same, and judgment shall be rem
dered against him for the same.
In all cases not hereinbefore specially
provided for, the court shall give such judg-
ment or judgments, in respect to the costs,
as may be equitable.
SECTION II. All judgments hereinbe-
fore provided for, shall be rendered in favor
of the state, and may be enforced by execu-
ton issued by said probate court of its own
motion, or at the instance of any person en-
titled to any part thereof; and the money,
when collected, shall be paid to the persons
respectively entitled thereto
SECTION Is. The probate judge shall
make record of all proceedings had in
+Io ,,,,b,4o oor,r+ ,,,Jor +bo ,,r1,-;-;or- &c
this act including the reports and plats of
viewcrs, reviewers and surveyors; and forth
with after the termination proceedings up
on an appeal, shall transmit to the county au-
dltor, if the appeal was from the county
commissioners, or to the township clerk, ifit
was from the township trustees all original
papers received from him, and also trans
cript, from the record aforesaid, of the pro-
ceedings upon such appeal.
SECTION 16. If shall appear by the
transcript so transmitted to the county au-
ditor, that the court has approved the es-
tablishing, altering, or vacating a road as
mentioned in the fifth or sixth section of
this act, and that the damages, if assessed
in or under the orders of said court, do not,
in the aggregate, exceed the amount assess
ed, approved, and ordered to be paid out of
the comfy treasury, before the appeal, the
auditor shall forthwith record in the proper
book, the final decision of said court in the
premises, with all. reports, plats, field notes,
or other matters appearing in said township
necessary to a right understanding of the
same, and note in said book the date of
such recording, and thenceforth the said
road shall be established, vacated or alter
ed, as the case 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 to be
paid out of the county treasury as aforesaid,
the auditor shall lay said papers and tran
script before the county commissioners at
their next session, who may thereupon es-
tablish such road or alteration, and order
the damages to be paid out of the county
treasury, or refuse to establish the same un-
less the damages, or such portions as they
shall require, be paid, within such time as
they shall designate by the petitioners.
SECTION II. If the appeal from the
county commissioners was under the tenth
section of this act, and the damages assess
ed in that court in favor of all the appellants,
shall not, together with the damages award
ed to claimants who did not appeal, exceed
the amount which the commissioners had,
before the appeal, ordered to be paid out of
the county treasury, the auditor shall issue
the necessary orders for the payment of all
said damages; and the road, or alteration
shall be considered as established from the
date of the final order in the probate court.
But if the assessments in the probate court
with the damages awarded to the claimants
not appealing, shall exceed the amount so
ordered to be paid out of the county treas
Try by the commissioners, the auditor shall
ay the papers and transcript, received from
he probate judge, before the commissioners,
1t their next session, and theyshaIl act upon
he same as in the case mentioned in the
section; provided, however, that
t shall be lawful for the commissioners, if
n their opinion, part only of a road will
,e of public utility, to record and establish
uch useful part, and reject the residue; pro-
ided such division can be made without
ffecting the rights of any person entitled
o damages.
SECTION Is. The township clerk re-
Giving a transcript from the probate Judge
S aforesaid, shall lay it before the township