True American. [volume] (Steubenville [Ohio]) 1855-1861, 1856-04-23

] OF nolices 10 all such appellants, wheihel
joint o. several and to the obligors sfore.
said, 10 attend al the same time aud place
which summons or notice shall be served
Iby delivering toeach person named there
in copy thereof OF BY leaving such copy
his usual place Of abode lfany III,
parties are non-residents Of the county
but have an agent or attorney therein
service on such agent or attorney in man.
ner Aforesaid, shall be sufficient, or a sum.
mons or notice may be sent to another
county for service upon any party resi-.
ding, or being, therein. If an appellant
is nonresident as aforesaid, il shall be
his duty, when he perfects his appeal, 10
leave with the probate Judge the name Of
an agent OR attorney in the hecounty, upon
whom 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
his ward.
SECTION IL. II any Of said jurors fail
TO attend, or shall for good cause be ex-
cused from serving, or shall be set aside
on account Of a challenge, the panel shall
be filled with tails men as in other cases.
Each party shall be entitled to two per-
emptory challenges, and may make any
number of challenges for cause. In re-.
spect to challenges, the appellant, or ap-
pellants, whose claims are on trial, shall
be considered as one party, and ihe obi
gors as The other.
The jury shall consist of twelve men;
and shall be sworn in all the causes,
whether the appeals were joint or sever.
al, at the same time, unless for good cause
shown, the court shall otherwise direct.
The jury shall then, under the care of an
officer oflhe court and with such person
or persons as the court may appoint 10
show them the premises, and befnre any
testimony shall be given except tie plat
and field 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 al
tc,ed, and The property of the several
cIaimanls taken therefore, or alledged to
be injured thereby and after making
such examination shall return to the pro.
bate court at the time the court shall have
appointed whereupon the trial of said
claims, in The order the court shall direct,
or any number OF all Of them at the same
time if the parties so agree, shall be pro-
ceeded with in the same manner as in
lher jury trials in said court. The jury
shall render seperate verdict upon each
claim, which shall be entered upon the
record of the court. and new trial shall
no! be granted except for misconduct of
the jury; nor shall an appeal, except by
petition in error, as hereinafter provided,
lie taken 10 any other court.
SECTION IL. When an assessment of
damages shall have heen made, or reGu-
sed, by viewers Of county or township
road, or alteration of "A Stale, county, or
township road, appointed by the probate
court, any claimant may, before the con.
frmation Of the viewers report. file ex-
ceptions to their decision upon his claim.
whether il was rejected altogether, or
whether damages were awarded 10 him
whereupon such proceedings shall be had
for trial by jury, of his clqim, and Of
any others thus resented, as are provi
ded in the preceding secinn; and the
provisions of said section shall, in all re.
spects, apply to the same.
SECTION l3. II, by the final decision
in the probate court, any claimant of dam,
ages shall not obtain greater sum than
was awarded to him by the order # the
commissioners or township trustees from
which he appealed, he shall pay all costs
created by his appeal, so far as the courr
can ascertain the same, and judgment
shall be rendered against him for The
same.
In all cases not hereinbelore specially
provided for, the court shall give sucf
Judgment, or judgments. in respect TO tht
costs, as may be equitable.
SECTION IA. All judgments hereinbe'
fore provided for, shall be rendered il
favor Of the State, and may be enforcet
by execution issuedby said proba'e court
Of it's own motion. or at the instance o
any person entitled to any par, thereof
and the money, when collected, shall b'
paid TO the persons respectfully entitled
thereto.
i SECTION IS. The probate judge shal
make record Of all proceedings had il