M'arthur Democrat. (McArthur, Vinton County, Ohio) 1853-1865, 1856-05-08

| the court snail, neYertneleSSs COnnrm the
same, il the same be within the scope Of the
petition and substantially legal and the
court mag, in such case, require all the
costs created by the appeal to be paid by
the appellants, or by the petitioners, nr a
portion Of them by the one party and the
residue by the other, as may be equitable,
and shall render judgment, or judgments,
accordingly.
SECTION Z. 1.-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 pc
titioneTs, or any twelve Of them, bat not
otherwise, ordera review by five disinterest.
ed fTeeholders OF the county, to be appointed
by the court, to whom an order, similar TO
that herein before prescribed in respect to
viewers, shall be issued and such reviewers
shall examine the proposed new road, or al
teration, or road, or part thereof proposed to
be vacated, as defined or referred to in the
order appealed from, and report in writing
to the court their opinions for or against the
same, with their reasons.
If their report sha be such as is mention.
ed in the first clause Of the preceding Sec
ton, the court shall proceed as directed in
said clause.
But lit be adverse to such new road al
teTation or vacation, no further proceedings
shall be had in the premises. except to rem.
der a judgment against the petitioners for
all costs that shall have accrued from the
commencement of the proceedings before the
commissioners which judgment shall be
rendered by said court.
SEcToN 8. Whenever any viewer,
reviewer or surveyor, appointed by said
court, shall be unable, or fail, to attend to
the duty required of him, the couit may sub
stitute another in his stead.
SECTION 8. Every viewer, reviewer, sur
veyor, chairman or marker, appointed or
selected under the provisions of this act,
SHALL before entering upon his duties, take
an oath, or affirmation, faithfully and i'm
partially to discharge the duties of his ap
pointment; which GA tn or affirmation may
be administered by any person authorized by
the act aforesaid to administer an oath, or
affirmation, or by any other competent au
thority.
Section 10. That every claimant of dam
ages on account of the establishment or al.
teration OF county or township road, or
the alteration of State road, may appeal to
| the Probate court, from the final decision
of the county commissioners, or township
! trustees, confirming the assessment of DANA
| ges made by the viewers in his behalf, or
the refusal of the viewers to award damages
to him which appeal shall be perfected
and docketed in the mode hereinbelore pre-
scribed in section four, except that the ap-
pellant shall be the plaintiff and the obligors
in the bond mentioned 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 joint ap-
peal, although their claims be distinct, or
they may severally appeal.
Upon such an appeal, whether joint or
several, the probate court shall conine it.
self to the question or questions, of DANA
ges presented by 1t and shall forthwith
after the docketing thereof, issue 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 be 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 tc
: the obligoIs aforesaid, to attend at the same
time and place; which summons or notice
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 there
in, service on such agent or attorney in man.
ner aforesaid, shall be sufficient or a sum
mons or notice may be sent to another coun.
ty for service upon any party residing, or
being, therein, If an appellant is a non-resi-
dent as aforesaid, it shall be his duty, when
he perIects his appeal, to leave with the
| Probate Judge the name of an agent or at
torney in the county, upon whom service
may be made as aforesaid, and if he fail to
do SO, no service upon him shall be necessa-
ry. Service upon guardian shall be suf-
fcient service upon his ward.
SECTION IL. If any Of said Jurors fail to
attend, or shall for good cause be excused
from serving, or shall he set aside on &C.
count Of challenge, the panel shall be fill
ed with talismen as in other cases. Each
party shall be entitled TO two peremptory
tLhuiiengrS, anu may make any number o.
challenges for cause. In respect to chal
lenges, APPELLANT or appellants whose claims
are on trial, shall be considered as one party
and the obligors asthe other.
, The jury shall consist Of twelve men ant
shall be sworn in all the causes, whether .hC
appeals were joint or several, at the SAINT
time, unless for good cause shown the cour
shall otherwise direct. The jury shall then
under the care of an officer OF the court, ant
with such person or persons as the cour
may appoint TO show them the premises
and before any testimony shall be given ex
cept the plat and field notes of the road, ant
the title papers, if produced, of the claim.
ants, which they shall take with them, pro
ceed to examine the road as established OF
altered, and the property Of the several
claimants taken therefor, or alleged to he
injured thereby and after making such ex-
animation shall return to the probate cour
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 same time If the parties
so agree, shall be proceeded with in the SAINT
manner as in ether jury trials in said court
The jury shall render separate 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 il
error, as hereinbefore provided, be taken tC
any other court.
C-o-,o,, 10 IVhan an aeeoseroant n