The Perrysburg journal. [volume] (Perrysburg, Ohio) 1853-1861, 1856-05-24

place where, and day upon which-or with
in two days, Sunday excepted, thereafter
they shall meet to commence the performance
of their duties, and shall require them to
make their report on or before 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 Of surveyors,
who shall have power TO take to his asss
tance two chairman and marker, all Of
whom shall be disinterested and he shall de-
liver 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 view
ers hereinafter mentioned, shall he substan-
| tally legal, and shall also substantially coin
eide with the order of the commissioners ap-
pealed from, the court shall confirm such
proc edings and report, and shall render a
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 mate
rally vary from the order appealed from, the
court shall, nevertheless, confirm the same,
if the same be within the scope of the petit
ton and substantially legal and the court
may, in such case, require all the costs crea-
ted by the appeal to be paid by the appel
lants, or by petitioners, or portion of them
by the one party and the residue by the 9TH
er, as may be equitable, and shall render a
judgment, or judgments, accordingly.
SECTION 7. If the report of the viewers,
appointed by said court, shall be adverse
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 a review by five disinterest-
ed freeholders Of the, county, to be appoin-
ed by the court, to whom an order, similar
to that herein before prescribed in respect 10
: the viewers, shall be issued and such re-
viewers shall examine the proposed new road,
or alteration, or road, or part thereof pro-
posed to be vacated, as defined or referred
= to in the order appealed from, and report in
7 writing to the court their opinions for OF
D against the same, with their reasons,
t If their report shall be such as is mention
a ed in the first clause of the preceding sec.
L ton, the cou.t shall proceed as directed il
= said clause.
0 But if 1t be adverse to such new road, al
r shall be had in the premises, except to ren
e der a judgment against the petitioners for al
n costs that shall have accrued from the com
mencement of the proceedings before the com
missioners which judgment shall be render
ed by said court.
y SECTION 0. Whenever any viewer, re
viewer or surveyor, appointed by said cour
: shall be unable, or fail, to attend to the duty
Iva, ,,ol e IL l.,
another in his stead.
SECTION .. Every viewer, reviewer, sur
veyor, chairman or marker, appointed o
c selected under the provisions of this at, shal
before entering upon his duties, take an oath
or affirmation, faithfully and iapartially tC
discharge the duties Of his appointment
: which oath or affirmation may be admins
tered by any person authorized by the nc
aforesaid to administer an oath, OF aiirma
tion, or by any other competent authori
!, ty.
SECTION 10. That every claimant of dam
ages on account of the establishment or alter
u alton of county or township road, or the al
r teration Of a State road, may appeal TO th
: probate court, from the final decision of tn
II county commissioners, or township trustees
e confirming the assessment Of damage
l. made by the viewers in his behalf or til
Il refusal Of the viewers to award damages t
l. him which appeal shall be perfected an
docketed in the mode hereinbefore prescribe
n in section four, except that the appelar
J. shall be the plaintiff and the obligors in tn
l. bond mentioned in the second or thirty fir:
}, section of the act aforesaid, as the case ma
oi be, shall be the defendants.
!, Several claimants may unite in joint aE
II peal, although their claims be distinct, {
i they may seyerally appeal.
ID Upon such an appeal, whether joint or seN
a eral, the probate court shall confre itself {
n the question, or questions, of damages pre-
sented by it ; and shall forthwith, after tn
II docketing thereof, issue a venire for twel'
l. or more disnterested men of the COUNTY
p having the qualifications of jurors in otht
a cases, to appear in said court on day an
of at an hour named in the venire-which sha
n. not be later than the twentieth day from i
in date-to serve as jurors upon the trial
or said claim or claims and shall also issue
c summons, or notice, to all such appellant
n whether joint or several, and to. the oblgo
or aforesaid, to attend at the same time an
p place ; which summons or notice shall
he saved by delivering to each person name
NJ therein copy thereof, or by leaving sue
Al. copy at his usual place of abode. If any
the parties are non-residents of the count
r.. but have an agent or attorney therein, Sc
v. vices on such agent or attorney in mann
.ct aforesaid shall be sufficient, or a summon
bv or notice may be sent to another county +
NJ. service upon any party residing, or beii
therein. If an appellant is" non resident,
no aforesaid, it shall be his duty, when he pc
no ftcts his appeal, to leave with the proba
he judge, the name of an agent or attorney
ate the county, upon whom services may be MAJ
,es as aforesaid, andif he fail to do so no servi
90. upon him shall be necessary. Service up
- a Guardian shall be sufficient service nnnn