The spirit of democracy. [volume] (Woodsfield, Ohio) 1844-1994, 1852-05-26

such county, fer the term of four weeks
an advertisement containing a description
Of the property soush. to be appropriated;
and a notice that they have made applica.
ton according TO law, for such a%ppropria.
ton. specifying the day, which shall be
within ten days from the expiration Of said
term of four weeks. in which a jury will be
selected to assess the compensation to be
paid therefor; and upon such a day a jury
he impanneled and sworn by the probate
judge, and the proceedings shall thereafter
be conducted in accordance with the fore.
going provisions Of this act.
Sec. 8. The Jurors summoned and serv.
ing in accordance with the provisions OIL
this act. shall each receive one dollar per
day for their services, and five cents per
mile for every mile Of the distance they
may be compelled to travel in the discharge
Of their duties; the sheriff shall be entitled
TO such lees as he may be allowed by law
for similar services in other cases. but he
shall not be allowed anything in the way
Of poundage; the witnesses shall be allow.
ed the same fees to which they would be
entitled for attendance on the court oil
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
attorney, may, at the time Of filing the
statement aforesaid, with the probate Judge
deposit with the said officer such an amour,
in money as they may deem a just and
equitable compensation for the property
and rights sought to be appropriated, and
il the final verdict of the jury shall not ex.
coed the amount so deposited. the whole
costs Of the proceedings shall be equally
divided between the corporation and the
owner Of such property, in case of his re.
fusal 10 accept the same.
Sec. 9. All the proceedings hereinbe.
fore provided for in the probate court,
shall be open to exceptions. in the same
manner that exceptions are, or may be ia.
ken in civil suits in the court of common
pleas; and either party may take the
same up to the court Of common pleas OF
the proper county, on a writ Of certiorari.
which shall be issued of course by the
clerk thereof, upon the filing of a precipe.
in which case such exceptions, signed
and sealed by the probate Judge, shall be
taken and considered as a part Of the re.
cord of such proceedings; Provided, that
such writ of certiorari shall be issued with.
in fifteen days from the rendition Of the
judgement in the probate court; Provided,
that such corporation shall have the right,
on the finding of the jury in the probate
court. to pay into court the amount Of
compensation so found. and proceed to
enter upon and appropriate such property,
notwithstanding the cause may he re.
moved to the court Of common pleas.
Sec. 10. If the court Of common pleas.
upon the hearing of the cause. shall affirm
the judgement Of the probate court all the
costs in said court of common pleas, shall
be paid by the party at whose instance the
writ Of certiorari shall have been issued;
and if they shall reverse such judgement,
they shall retain such cause for trial, and
final judgement in said court of common
pleas, as in other cases. which trial shall
he held at the term Of the reversal Of such
original judgement, unless. for good Gauss
shown, by either party, the court shall
grant a continuance Of such cause; and
on the trial Of such cause in the court of
common pleas, the same oath or afirma.
tiion shall be administered to the jury. as
is provided for in the fifth section ofthis act.
Sec. II. The jury shall render their
verdict to the probate Judge, who shall en-.
ter the same on his minutes; and unless
for good reason shown. the court shall
grant u new trial, the judge shall enter OF
record a confirmation Of the verdict so
rendered, and upon the payment Of the
amount for which the verdict is rendered,
and such costs as may be assessed, the
cour shall render a judgement, to the Ell
feet, that the said corporation shall hold
the property in the proceedings mentioned
for the purposes for which the same was
appropriated, and enter the same upon re.
cord, and thereupon such corporation
shall hold the sam accordingly, and be
entitled 10 execution to pu, them in poses.
sion thereof; Provided, that If upon cerlio.
rari, or a new trial, there shall be q sec.
ond assessment, which shall exceed in
amount that first made, the corporation
shall pay the excess to the owner OF such
property. and the probate Judge receiving
the amount so first decided to be due,
shall retain the same in case a writ OF Ger.
tiorari shall issue. or a new trial be grant.
ed; and if the verdict of the second Jury
shall be less than that of the first, he shall
repay 10 such corporation the difference
upon the final disposition of the cause;
and provided. further, that in case a new
trial shall be granted, at the instance Of
the owner or owners Of the property, and
the verdict Of tho second jury shall be the
same as or less in amount than that first
rendered, such owner shall pay the whole