The Democratic sentinel and Harrison County farmer. [volume] (Cadiz, Ohio) 1851-1852, 1852-05-26

drains; TO enter upon or take for such Of
the above purposes as may require it,
land or material; and assess and collect
charge on the owners of any lots or lands, !
or on the lots or lands through or by |
which a street, alley, or public highway !
shall pass, for the purpose of defraying
the expense of constructing improving
repairing, or lighting such street, alley,
or public highway, to be in proportion, /
either to the feet front of the lot, or land !
abutting on such street, alley or highway,
or to the value of such lot or land, as as
sessed for taxation under the general law
of the state, as such municipal corpora
ton may in each case determine; and
they shall also have power to provide by
ordinance, for the lighting of any railway,
or any portion thereof, which may be To-.
Gated within the corporate limits of such
town or city, Under such restrictions and
upon such terms as the city or town coun-
Gil shall prescribe.
Sec. 81. When it shall be deemed ne
cessary by any municipal corporation, to
enter upon, or take private property, as
above provided, an application in writing
shall be made to the court Of common
pleas of the proper county, to the Judge
thereofin vacation, which application shall
describe as correctly as may be, the prop
erty to be taken, the object proposed, and
the owners Of the property, and of each
lot or parcel thereof known; notice of
the time and place Of such application shall
be given, either personally, in the ordina-
ry manner of serving legal process, or by
publishing a copy of the application, with
statement Of the time and place at which
tits to be made, for three weeks next pre-
ceding the time of the application, in
some newspaper of general circulation in
the county; ii it thalI appear to the court
or Judge, that such notice has been served
five days before the time Of application,
or has been published as above provided,
and that such notice is reasonably specific
and certain, then the court or Judge may
set a time for the enquiry into, and AS
sesSment of compensation, by a jury in
the court of common pleas; and If such
court shall not be in session at the day SO
fixed for such enquiry, and assessment OF
compensation, then the Judge Of the court
of common pleas of the subdivision IN
which such property is situated, or in case
of his absence interest or disability, then
any other Judge of said court within the
district, shall hold a special term OF said
court, for the purpose of hearing and de-
termining such enquiry and assessment,
and shall direct jury TO be summoned
for the purpose of making such enquiry,
in the same manner that petit Jurors are
summoned in the court Of common pleas
for other purposes; which enquiry and
assessment shall be made at the time ap-
pointed, unless, for good cause, continued
to another day to be specified; it at the
time of such application it shall appear
that any Of the owners of the property
are infants or insane, guardian adhtem
shall be appointed, the municipal corpo-
ration may be required to file a more full
and accurate description of the property
to be taken, and the object proposed, and
maps, pats and surveys if necessary o,
proper. The assessment shall be made
80 that the amount payable to each owner
may be ascertained, either by allotting il
TO each owner by name, or on each lot OF
parcel Of land, and the enquiry and assess
ment shall in other respects be made by
the jury, under such rules and instruc-
tions as shall be given by the court. The
Jury shall be sworn to make the whole en-
quiry and assessment, but may be allowed
to return a verdict as to part, and be dis
charged as to the rest, in the discretion OF
the court. and in case jury shall be dis
charged from rendering verdict in whole
or in part, another shall be impannelled al
the earliest convenient time, VINO shall
make the whole enquiry and assessment
or the part not made, as the case may be
SEC. 23. So soon as the amount o
compensation which may be due to the
owners OF the property to be taken, or tc
any of them, shall have been ascertained
by the jury, the court shall make such OF
der as to its payment, or its deposit, a!
shall be deemed right and proper inrespcc
to the time and place OF payment, ordepos
itorto the perons entitled toreceivepaymen
and incorporation payable to each, and may
require adverse claimants OF any part Q
them oncy or property,to lnterpead, so a
fully to settle and determine their right!
and interests, according to equity and jus
tice; the court may direct the time anC
manner in which possession Of the prop
erty condemned, shall be taken or deliver
ed. and may, if necessary, enforce any
order giving possession; the cost occasion
ed by the enquiry and assessment shall b,
paid by the corporation, and as to the 9th
er costs they shall be charged or taxec
as the court in its discretion may direct
no delay in making an assessment ofcom
pensation, or in taking possession, shall b
occasioned by any doubt which may srs,
as to the ownership Of the properly, O
any part thereof, or as to the interests 0
any Of the respective owners, but in sucl
cases, the court shall require a deposit 0
the money allowed as compensation 70
the whole property, or the part in dis
pute; and in all eases, as soon q
the corporation shall have paid the as
sessed, or secured its payment by a depos
it Of money under the order Of The court
possession of the property may be taken
and the public work or Improvement pro
} gress.
SEC, 80. Any party interested in an.
such inquiry and assessment, who shaI
feel agrieved by the finding of the jury
or the order Of the court may have til,
part thereof in which such party may b
Interested and feel aggr1eved, reviewed il
.