The Cadiz Democratic sentinel. [volume] (Cadiz, Ohio) 1854-1864, 1856-05-14

to render a judgment against the petitio-
ners for all costs that shall hayn accrued
from the commencement Of the proceed
ings before the commissioners; which
judgment shall be rendered by said
court.
Section 8. Whenever any viewer, re-
viewer or surveYorappointed by said court,
shall be unable, or fail, 10 attend to the
duty required Of him, the court may sub
stiIute another in his stead.
| Section 8. Every viewer, reviewer,
surveyor, chairman or marker, appointed
or selected under the provisions of this
act, shall, before entering upon bis duties
take an oath, or affirmation, faithfully and
impartially to discharge the duties Of his
appointment; which oath or affirmation
may be administered by any person au-
thorized by the act aforesaid 10 admins
ter an oarh. or affirmation, or by any
other competent authority.
Section 10. That every claimant Of
damages on account Of the establishment
or alteration of county or township road
or the alteration of State road, may ap.
peal 10 the probate court, from the final
decision Of the county commissioners, or
township trustees, confirming the assess-
Eent of damages made by the viewers in
his behalf, or the refusal ofthe viewers to
award damages to him; which appeal shall
be perfected and docketed in the mode
herein before prescribed in section four
except that the appellat shall be the plain
tiff and the obligors in the bond mention
ed in the second or thirty first section Of
the act aforesaid, as the case may be,
shall be the defendants.
Several claimants may unite in a Joint
appeal, although their claims be distinct,
or .hey may sererally appeal.
Upon such an appeal, whether joint or
several, the probate court shall confne
itself to the question or questions. of dam
ages presented by it; and shall forthwith,
after the docketing thereof. issue VEN
ire for twelve or more disinterested men
of the county, having the qualifications
of Jurors in other cases, to appear in
ssil court on day and at an hour
named in the venire-whch shall not
be later than the twentieth day from
its date-to serve as jurors upon the
trial OF said claim or claims; and shall al
so issue 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
notice shall be served by delivering to
each person named therein copy there
of, or by leaving such copy at his usual
place OF abode. If any Of the parties are
non-resiGence Of the county, but have an
agent or attorney therein, service on such
agent or attorneyin manner aforesaid shall
be sufficient, or o summons or notice may
be sent to another county for service upon
any party residing, or being, therein. If
an appellant is a non resident as afore.
said, it shall be bis duty, when he per-
iects his appeal, 10 leave with tie probate
Judge the name Of an agent or attorney
in the county. upon whom service may be
made as aforesaid, and il be fail to do
SO, no service upon him shall be necessa-
.ry,--SerVice upon guardian shall be suf-
fclent service upon his ward.
Section II Ifany of said Jurors fail
to attend, or shall for good cause be ex-
cused from serving or shall be set aside
on account of challenge, the panel shall
be filed with talismen as in other cases.
Each party shall bo entitled to two per-
emptary challenges, and may make any
number OF challenges for cause. In res
pect to challenges, the appellant, or ap-
pellanIs. whose claims are on trial, shall
be considered as one party, and the obli-
gors As the other.
The jury shall consist Of twelve men; &
shall be swcrn in all the causes whether be
appeals were joint or several. at the same
time uness 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 per-
sons as the court may appoint to show
them tha premises, and before any testi
mony shall be given except 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 taxi
en- therefor, or alleged to be injured there
by; 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 number
or all OF them at the sane 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 sep
arate verdict upon each clnim, 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 petition in error, as
hereinafter provided, be taken toany 9th
er court.
Section l2. When an assessment of
damages shall have been made, or refus-
ed, by viewers of q county or township
road, or alteration OF State, county, or
township road, appointed by the probate
court, any claimant may, before the con-
firmation Of the viewers report, file ex.
ceptions to their decision upon his claim,
whether it was rejected altogether. or
whether damages were awarded to him
whereupon such proceedings shall be had
for trial by jury, ofhis claim and Of any
others thus presented, as are provided
in the preceding section;and the provisions
of said section shall in all respects; apply
to the same.
Section 10. II, by the final decision in
in the probate court, any claimant Of dam
ages shall not obtain greater sum was
awarded to him by the order of the COM
missioners or township trustees from
which be appealed, he shall pay all costs
created by his appeal, SO far as the court