The Portsmouth inquirer. [volume] (Portsmouth, O. [Ohio]) 1849-1855, 1852-05-14

90 AAo " NlAtFN|"AN ~ ~ All NAAAAANA ~
vices in other cBses. but be shall not be al
lowed any thing IN the way Of podndags; the
witnesses shall be allowed the some fees 10
which they would be entitled for attendance
on ihecourt Of common pleas; the probate
liudge shall be allowed 10 enter charge Of !
three dollars in the cost bill for his services,
land no more; and the whole costs 80 taxed
Isball be paid by the corporation seeking to
make such appropriation Provided, that
lsuch corporation, by It's proper officer. agent
or attorney, may, at the time Of filing the |
statement aforesaid, with the probate Judge,
deposit with said officer such anamount in
money as they may deem just and equita-
BILE compensation for The property and rights
sought TO be appropriated, and if the final
verdict of the jury shall not exceed the
smount so deposited, the whole costs OF the
proceedings shall be equal y divided between
the corporation and the owner Of such prop
erly, i'll case of his refusal 10 accept the
same.
, Sec. 8. Allthe proceedings hereinbelore
provided for in the probate court, shall be
open to exec ptions, in the same manner that
/ exceptions are, or may be takenin civil suits
in the court Of common pleas; and either
putty uAuJ luhS tuO oouC up " tuO SOutb VI
, common pleas of the proper county, on
{ writ OF certicrari, which shall be issued Of
t course by the clerk thereof, upon the filing
| Of aprecipe, in which case such exceptions,
r signed and sealed by the probate judge, shall
a be taken and considered as part Of the rec
y ord ofsuch proceedings; Provided, that such
: writ OF certiorari shall be issued within fiji
q teen days from the rendition of the judg-
e ment in the probate court; Provided, that
: such corportion shall have the right, on the
}, finding of the jury in the probate court, to
i pay ifaio eoaii the amount Of compensation
y so found, and proceed to enter upon and ap-
o propriate such property, notwithstanding
e the cause may be removed TO the court OF
J. common pleas.
l. Sec. 10. II the cour: of common pleas,
e upon the hearing of the cause, shall affirm
1t the judgment Of the probate court all The
d costs in said court Of common pleas, shall
d be paid by the party at whose instance the
lie writ of certioruri shall have been issued; and
1t if they shall reverse such judgement, they
D stall retain such cause for trial, and fina
20 Judgment in said court Of common pleas
IN as in other cases, which trial shall be held
e. at The term Of the reversal Of such orsna
Ii judgment, unless, for good cause shown, BY
he either party, the court shall granta continu
lg ance OF such cause; and on the trial of sucf
cause in the court of common pleas, the
IT. same oath or affirmation shall be admins Ter
n ed to the jury, as is provided for in the filtl
in section OF this act.
re Sec.ll. The jury shall render their YER
IN dict TO the probate judge, who shall ente
e, the same ON his minutes; and unlesss 70
n, good reason shown, the court shall grant
all new trial, the judge shall enter on record
es confirmation of the verdict so rendered, an
H. upon the payment Of the amount for whic
to the verdict is rendered, and such costs a
may be assessed, the court shall render
il Judgment 10 the effect, that the said corpc
d. ration shall hold the propertyin the proceed
so ings mentioned for the purposes for whic
on the same was appropriated, and enter ii
i'll same upon record, and theeupon such CO
to poration shall hold the same accordingl,
ey, and be entitled 10 execution 10 put them
ill possession thereof; Provided, that if upo
on certiorari, or new trial, there shall be
eat second assessment, which shall exceed j
ed amount that first made, the corporation sha
ar, pay ;he excess 10 the owner Of such prope
lily ty, and the probate judge receiving II
a. amount so first decided TO be due, shall RI
Of tain the same in case writ of certiora
snt shall issue, or new trial be granted; and
ar, the verdict of the second jury shall be lei
IN than that of the first, he shall repay to sue
md corporation The difference upon the final di
ing position of the cause; and provided, furthe
en- that in case new trial shall be granted,
ted the instance of the owner or owners OF Il
OK property, and the verdict Of the second ju
her shall be The same or less inamount than th
ich first r-ndered, such owner shall pay Il
all whole costs OF the second proceeding; al
all if it shall be more than that first rendere
in the costs OF such second proceedings shS
be paid by the corporation.
ro- Sec. IL. The probate court shall ha'
to power TO enforce the judgment .render'
III finally in such cause. by execution, or othe
oil wise.
10 JAMES G. JOHNSON,
an Speaker Of the House of Representatives.
rty WILLIAM MEDlLL,
BY President Of the Senate.
md April 80, 1852.
ner
hen SECRETARY OF STATES OFFlcE, 4
rty Columbus, April 30, 1852.
,art certify that the foregoing law is correct
The copied from the original roll on file in this
bv fee. WILLIAM TREVITT,
~ Secretary Of State.
IhS AuDlroa's OFFIcr, ScIoro COUNTY, I
-, May IA, 1852.
ire / hereby certify that have compared /
and above with the copy furnished by the Secrets
nall OF State and find It correct.
GRO A WAIIER- 81 a