The spirit of democracy. [volume] (Woodsfield, Ohio) 1844-1994, 1856-05-14
tered or vacated road passes, or by the
husband of any married woman, or guar

tered or vacated road passes, or by the
husband of any married woman, or guar
dian of any ward, having such an estate.
SECTION g.. That in order to perfect
such an appeal, it shall be necessary for
the appellant, or appellants, to execute
with sufficient sureties, Or cause to be ex-
ecuted by sufficient sureties, to be APP
proved by the county auditor, Il bond or
undertaking, payable to the Stale of Ohio,
in a penal sum of not less than one hum
dred nor more than three hundred dollars,
In the discretion of said auditor, condi-
toned for the payment by such appellant,
or appellants, of all costs that may be
adjudged against him, or them, in the
probate court, or in any other court to
which the proceeding may be removed by
petition in error, which bond shall be filed
with said auditor on or before the twen-
tieth day after the entry of the order ap-
pealed from in the record of the COM
m%issioners. But minors, idiots or luna
tics, or their guardians respectively, may
appeal without giving bond, by causing
an entry to that effect to be made, within
the period aforesaid, by the county audi
tor in the record of the commissioners.
SECTION 4. Within ten days after the
filing of an appeal bond as aforesaid, or
the making of an entry for an appeal as
aforesaid, the county auditor shall trans
nit to the probate court, the original pa
pers in the premises and also a certified
transcript, from the record of the COM
m%issioners, of all proceedings and orders
had or made by or before them, therein;
upon the receipt of which the probate
judge shall forthwith docket the proceed
ings, styling the petitioners, plaintiffs; and
the appellant, or appellants, defendant or
defendants; and shall set a day for the
hearing thereof, which shall not be later
than the twentieth day after such docket
ing of the appeal.
SECTION S. If, upon the hearing of
said matter it shall appear thet the pro-
ceedings previous to the appeal, were in
substance regular and legal, and if no ex-
ception be taken by any claimant of dam
ages to the assessment returned to and
approved by the county commissioners, it
shall be the duty of the Probate Court to
affirm the order of the commissioners, and
to enter a Judgment against the appellant.
or appellants, for all costs created by the
appeal.
But if said previous proceeding shall
be found to be substantially erroneous the
court shall set them aside, and order an
other view Of three disinterested freehold
ers of the county to be appointed by the
court, who shall perform the same duties
that are required by the act aforesaid OF
viewers appointed by county commission
ers, except that they shall make their re-
turn to the probate court.
The order to said viewers shall specify
a place where, and a day upon which-or
within two days, Sunday excepted, there
after-they shall meet to the
performance of their duties, and shall re-
quire them to make their report on or be-
fore a day therein specified, which shall
not be later than the twentieth day after
the entry of the order in said court.
The court shall also appoint a surveyor
to attend said viewers and perform the
duties required by the act aforesaid oil
surveyors, who shall have power to take
to his assistance tive chainmen and a mark
or, all of whom shall be disinterested and
he shall deliver q report and plat of his
survey to one of said viewers in time to
be returned with their report; and it shall
be SO returned.
SECTION 6. If the proceedings and
report of the viewers and surveyor, or of
the reviewers hereinafter mentioned, shall
be substantially legal, and shall also SUBJ
stantially coincide with the order of the
commissioners appealed from, the court
shall confirm such proceedings and re-
port, and shall render q Judgment against
the appellant, or appellants, for the costs
created by the appeal.
Or, if the report of said viewers shall
be favorable to the petitioners, but shall
materially vary from the order appealed
from, the court shall, nevertheless, confirm
the same, if the same be within the scope
of the petition and substantially legal; and
the court may, in such case, require all the
costs created by the appeal to be paid by
the appellants, or by the petitioners. or a
portion of them by the one party and the
residue by the other, as may be equitable,
and shall render q judgment, or judgments
accordingly.
SECTION 7. If the report of the view.
ers, appointed by said court, shall be adj
verse to establishing, altering or ~vacating
the road, the court shall, upon the motion
of the petitioners, or any twelve of them,
but not otherwise, order q review by FIVE
disinterested freeholders of the county, to
be appointed by the court, to whom an
order, similar to that herein before pre-
scribed in respect to viewers, shall be is
sued, and such reviewers shall examine
the proposed new road, or alteration, or
road, or part thereof proposed to be va
Gated, as defined or referred to in the or
der appealed from, and report in writing
to the court their opinions for or against
the same, with their reasons.
IN L. - -.-