The spirit of democracy. [volume] (Woodsfield, Ohio) 1844-1994, 1856-05-14


~teration of q State road. may appeal to the
probate court, from the final decision Of the
county commissioners. or township trustees.
confirming the assessment of damages made
by the viewers in his behalf, or the refusal Of
the viewers to award damages to him; which
appeal shall be perfected and ocketed in the
mode hereinbefore prescribed in section four.
except that the appellant shall be the plaintiff
and the obligors in the bond mentioned in the
second or thirty-frst section of the act afore-
said, as the case may be, shall be the dsfen-
dants.
Several claimants may unite in a joint ap-
peal, although their claims be distinct, or they
may severally appeal.
Upon such an appeal, whether joint or sew
eral, the probate court shall conine itself to
the question, or questions, of damages pre-
sented by it; and shall forthwith, after the
docketing thereof, issue a venire for twelve or
more disinterested men of the county, having
the qualifications of jurors in other cases, to
appear in said court on a day and at an hour
named in the venire-which shall not DO later
than the twentieth day from its 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, to attend at the
same time and place; which summons or notices
shall be served by delivering to each person
named therein a copy thereof, or by leaving
such copy at his usual place Of abode. II any
of the parties 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 to another county for service upon any
party residing, or being, therein. If an appel
liant is a nonresident as aforesaid, it shall be
his duty, when he perfects his appeal, to leave
with the probate judge the name of an agent
or attorney in the county, 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 ser
vice upon his ward.
SECTION II. If any of said jurors fail to at
tend, or shall for good cause be excused from
serving, or shall be set aside on account Of .
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
lauts, whose claims are on trial, shall be CON-
sidered as one party, and the obiigors ~ the
other.
The jury shall consist Of twelve men: and
shall be sworn in all the causes, whether the
appeals were joint or several, at the 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 aF-
point to show them the premises, and before
any testimony shall be given except the plat
and field notes of the road, and the title pa
pers, if produced, of the claimants, which they
shall take with them, proceed to examine the
road as established or altered, and the prop
erty of the several claimants taken therefor,
or alleged to be injured thereby; and after
making such examination shall return to the
probate court at the time the court shall have
appointed; whereupon the trial of said claims,
in the order the court shall direct, or any num-
Der 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 q separate YER
dict upon each claim, which shall be entered
upon the record of the court, and a new trial
shall not be granted except for misconduct Of
the jury; nor shall an appeal, except by petit
ton in error, as hereinafter provided, be taken
to any other court. 49,
SECTION II. When an assessment of dam
ages shall have been made, or refused, by view
ers of q county or township road, or alteration
of a State, county, or township road, appoint
ed by the probate court, any claimant may, be-
fore the confirmation of the viewers report,
file exceptions to their decision upon his claim,
whether it was rejected altogether, or whether
damages were awarded to him; whereupon such
pfOCcctiiSo Shdi ~ ldQ y q Tia DJ J0kys Va
his claim, and of any others thus presented,
as are provided in the preceding section: and
the provisions of said section shall, in all re-
spects, apply to the same.
SECTION Is. If, by the final decision in the
probate court, any claimant of damages shall
not obtain a greater sum than was awarded to
him by the order Of the commissioners ortown-
ship trustees from which he appealed, he shall
pay all costs created by his appeal, so Tar -
the court can ascertain the same, and iudg-
ment shall be rendered against him for the
same.
In all cases not ~hereinbefore specially pro.
vided for, the court shall give such Judgment,
or judgments, in respect to the costa, Is may
be equitable.
SECTION IA. All judgments ~hereinbsfors
provided for, shall be rendered in favor of the
State, and may be enforcedb by execution issued
by said probate court, of its own motion, or at
the instance of any person entitled 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
a record of all proceedings had in the probate
court under the provisions of this ACT, inclu-
ding the reports and plats of viewers, review
ers and surveyors; and forthwith after the tor
mination of proceedings upon an appeal, shall
transmit to the county auditor, if the appeal
was from the county commissioners, or to the
township clerk, if it was from township trus-
tees, all original papers received from him, and
also a transcript, from the record aforesaid, Of
the proceedings upon such appeal.
SECTION 16. If it shall appear by the tram
script so transmitted to the county auditor,
that the court has approved the establishing,
altering, or ~vacating a road as mentionedin 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 assessed, approved, and ordered to b
paid out of the county treasury, before the APP
peal. the auditor shall forthwith record, n Me
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 his said book the date of such
recording, and thenceforth the said road shall
be established, vacated, or altered, as the case
may be; and he shall issue the necessary Or
ders for the payment of the damages.
But il the damages 80 assessed exceed, inthe
aggregate, the amount ordered to be paid out
of the county treasury as aforesaid, the audi
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