Portage sentinel. [volume] (Ravenna, Ohio) 1845-1854, 1852-05-31

Bdle fuuNf, uDOF itf'bfJh "a NlIfOA p"ity7 ~
issue the following writ to the sheriff Of 9th.
er proper officer, TO wit: To the sheriff OF
county: You are hereby commanded
to Conduct the twelve jarors named III the
panel to this writ annexed. to view the prop
erty or premises sought to be appropriated
by (here state the name of the corporation,)
aud owned by (here state the name OF she
owner or owners,) op-the-day Oil,
then and there to view the premises or prop
erty aforesaid, in the presence of A. B. on
this part of the corporation aforesaid, and c.
D. on the part of the owner for owners ap-
pointed. by this court; and you sllall make re-
turn of the manner you have executed this
writ, to this court on the-day Of "A. d.
-, and have you then there this writ.
The aforesaid, shall be signed by the probate
Judge, and certified under his seal of office,
and he shall also deliver TO the sheriff copy
of the statement, containinga seperate de-
scription of each parcel of property and rights
suoght to be appropriated within The county;
and he shall have the power to appoint two
persons therein named; and the sheriff, OF
other proper 1ficer, who is TO execute said
writ, shall by a special return upon the same,
certify under his hand, that the view has
been made, according TO the command there
of. The expenses of taking said view, shall
be taxed in the bill of costs, and noevidence
shall be given on either side at the taking
theI eof; Provided that Witnesses may be ex-
anlpeu before said jury, after their return to
the court afures nd, aud the trial in each case
shall be conducted thereafter in said probate
court. in the same manner that the trial OF
civil cases is conducted IN the count of com
m0n pleas of the county in which said pro
4ceediug is had; Provided, that if more Than
three witnesses are examinedby either parry
GU the same point, in the same case, the said
probate Judge shall have power TO tax
the fees and costs of such witnesses to the
party calling the same.
Sect Ii the owner or owners, or his,
her or their guardian, as the case may be,
are unknown, or not reside wihir tho county
where such property may be situated, such
corporation, by its proper officer, authorized
agent or attorney, shall make affidavit to
that fact, and shall, nevertheless, file such
statement as is required by The second sec
ton ofthis act, in the probate court, and shall
also publish in some newspaser of general
ejaculation in such county, for the term of
four weeks, au advertisement containing a
description of the property sought to be ap-
propriated; and a notice that they have made
application according 10 law, for suchappro-
priation, specifying the day.. which shall be
within ten days from the expiration of said term
OF four weeks, in whicha jury will be sele-
ted to aesess the compensation to be paid
therefor; aud upon such day jury be empan
neled and sworn by the probate judge, and
The proceedings shall theaeafter be conduc-
ted in accordance with the foregoing provis-
ions of this act.
Sec 8. The Jurors summoned and SER
wing in accordance with The provisions Of this
act, shall each receive one dollar per day for
their services, and Eve cents per mile for ev-
cry mile Of the distance they may be COM
PEELED 10 travel in the discharge of their du-
tiss; the sheriff shall be entitled TO such fees
as may be allowed by law for similar seIy vices
in other cases, but he shall not be allowed
any thing in the way of pcundage; the wit
nesses shall be allowed the same fees to
which they would be entitled for attendance
! on the court of common pleas; the probate
judge shall be allowed to enter a charge of
three dollars in the cost bill for his services.
and no more; and the whole costs so taxed
shall be paid by the corporation. seeking to
make such appropriation; Provided that such
corporation. by its proper officer, agent or at
torney. may, mt the time Of filing the state
mont aforesaid, with the probate judge, de-
post with said officer such an amount in
money as they may deem just and equita-
bic compensation for the property and rights
sought to be appropriated, and if the fnsl ver-
dict of the jury shall not exceed the amount
so deposited the whole cost Of The proceed
ings shall be equally divided between the
corporation and the owner of such property
10 case Of his refusal ta accept the same.
Sec. 9. ALI the proceedings hereinbefure
provided for 10 the probate court. shall be
epen to exceptions in the same manner that
exceptions are, or may be taken in civil suits
In the court Of G. minon pleas; and either
party may take the same up to the court OF
common pleas OF the proper county, on a
writ of certioraIi, which shall be issued of
course by the clerk thereof, upon the filing If
a pfecipe. 10 which case such exceptions
signed and sealed by the probate judge. shall
be taken and considered as part of The rec
ord Of such proceedings; Provided, that such
writ of certiorari shall be issued within fifteen
days from the rendition of the judgment in
the probate court; Provided, that such cor
poraiion shall have he right, on the finding Of
the jury in The probate court. TO pay into court
theHmount of compensation so found, and pro-
ceedto enier upon and appropriate such prop
erty, notwithstanding the cause may be re-
moved TO the court of common pleas.
See. 10. II the court of common pleas, up
on the herring # the cause shall affirm the
judgment Of the probnte court, all the costs in
said court of common pleas, shall be paid by
the party at whose instance the writ of GER
tiorari shall have been issued; and if they
shall reverse such judgment, they shall retain
such caNse for trial, and final judgment in said
court OF common pleas, as in other cases.
which trial shall be held at the term of the
reversal Of such original judgment, unless, for
good cause shown by eiiher party, the court
| shall grant conknuance of such cause; and
on the trial of suchcause in the court Of COM
mon pleas. the sameoath or affirmation shall
be administered to theiury, as is provided for
in the fifth section of ihs act.
Sec. IL. The jury shaN render their ver-
| dict to the probate judge, who shall enter the
same on his minutes; and unfess fnr good rea-
sun shown, the court shall grans new trial.
the judge shall enter Of record Confirmation
Of ths verdict so rendered, and upon the pay
ment of the amount for which the veydict is
rendered, and such costs as may be assessed,
the court shall render judgment, to the eff
feet, that the said corporation shall hold the
property in the proceedings mentioned, for
The Durnoses f,,r yvhioh tho On mo xx,s q .r,r.,