Carroll free press. [volume] (Carrollton [Ohio]) 1834-1861, 1852-07-16


e, ~ me discharge OF their duties 'he sheriff
shall be enIisled ~ such fees as he may be al
lowed BY iaw Cor similar services 10 other ea'es,
but he shall nna be allowed unythlag 10 the way
of pogndags the witnesses shall be allowed
the sane fees 10 which they would be entitled
for attendance of the court of common pleas
the probate Judge shall b. allowed 70 enter
chstga of three dollars in the cost bill Tor
his services aud no more and the whole costs
80 taxed shall be paid by the corporation seek
ing 30 make such appropriation; Provided
that such corporation. by its proper officer agent
az Attorney. may. al the tme Of fling the state
meat afores,id. with lbe probate Judge, deposit
with said ofhcer such an amount IN money as
they nav deem just und equitable compensa-
ZION for The properly and rights sough. 10 be AP'
propria.td. and il the final verdict Of the jury
shall not exceed The amount 50 deposited, the
whole costs Of the proceedings shall be equally
divided between The corporation and The owner
Of such properly, 10 case Of his refusal 10 ac'
cept tho same.
Sc. 9. All the proceedings hereinbefore
provided for 10 the probate court, shall be open
10 exceptions, 10 The same manner that excep'
Iions are. or may be taken 10 civil sd'is ~ the
couu Of common pleas; and either puay may
take the same up TO the court Of common pleas
of the proper county, on a writ Of cerIiorarl.
which shall be issued Of course by the clerk
Ihereof upon the filing Of a precipe, in which
case, such exception. signed and sealed BY the
probate Judge, shall be taken and considered as
pau OF the record Of such proceedings Pro.
Nided, that such writ Of ceruorari shall be is.
sued within fifteen days from the rendition Of
the judgment 10 the probate cousI; Provided.
Iha, such corporation shall have the right on
the finding Of the Jury in the probate court. 10
ply into court the amount OF compensation so
found, and proceed to enter upon aud appropr
ate such properly Notwithstanding the cause
may be removed 10 the court Of common pleas.
See. 10, Ii the court of common pleas, up.
OF he hearing Of Ihe cause, shall affirm the
Judgment Of the probate CONT ali the costs in
said court Of common pleas, shall be paid by
the party at whose instance the writ Of cer'iO
TaFi shall have been issued and If they shall
reverse such Judgment. they shall retain such
cause for trial and fna Judgment ia said court
OF common pleas, ms in other cases, which nj.
al shall BE- held al the term Of tho reversal Of
such original judgment, unless Tor good cause
shown, by either party, The cOuu shall grant a
continuance of such cause and on rial OF such
cause in The court of common pleas, the. same
oath or affirmation shall be administered TO The
jury, as is provided for in the 6bh section of
this net.
Sec. II. The jury shall render their yer.
dicI 10 the probate Judge, who shall enter the
same upon bis minutes aud unless for good
reason shown. the court shall grant new uiaI,
the Judge shall enter Of record confirmation
-. anH ,ho
menl Of Ihe amount for which the verdicl is ren.
dered, and such costs as may be assessed, the
court shall render judgment to the effect, that
tha said corporation shall hold The properly in
The proceedings mentioned for the purposes for
which the same was app'opdale1, aud enter The
same upon record, aud IhereupOn such corpora.
ton shall hold the same accordingly, and be en-.
uded 10 execution TO put them in possession
thereof; Provided that if upon cerIoruri, or
new trial, there shall be II second assessment,
which shall exceed in amount that first mad"
tne sa-F"Saticn sh"l r~s' ~ -----~~ =" 'IU own
rT Of such properly, and the probate Judge re.
ewing The amount 50 first decided 10 be due,
shall retain The same n case u writ Of cerIiorn.
ri shall issue, or u new trial be granted and if
the verdict Of The second jury shall be less that
Of the first, he shall repay TO such corporation
the difference upon the final disposition Of the
cause; and provided. further, Iha, 10 case new
Ial shall be grained, az The instance OF The
owner or owners Of the properly, and The yer.
dict OF the second jury shall be the same Us, or
less in Smount Than. that first rendered, such
owner shall pay the whole costs Of the second
proceeding; and f il shall be more than thai
first rendered. the costs Of such second proceed.
lug shal be paid by the corporation.
Sec. I2 The probate court shall have pow.
eT 10 enforce The Judgment rendered finally in
such caHse, by execution or oIherws'.
JAMES G.. JOHNSON,
Speaker OF The House Of Representatives.
WILLIAM MEDiLL.
President U( the Senate.
April 80, 1859,
do hereby certify that have read and com
pared the proof Of The foregoing acts, and thai
they are correctly printed from The copy cerIi6
ed aud lorwsrded by The Secretary of State.
+. s. McKEAN,
Aud Carroll Co.