The Portsmouth inquirer. [volume] (Portsmouth, O. [Ohio]) 1849-1855, 1852-05-28

or on thelots or lands through OF by which
street, alley, or public highway shall pass
Tor. the purpose Of defraying the expense o
! constructing, improving, repairing, or light
ing such street, alley, or public highway to b;
IN proportion either to the feet fronto tn,
lot, or land abuting on such street, alley, ol
! highway, or to the value Of such lotor land
az assessed for taxation under the general Law
OF the state as such munincipal corporation
may in each case determine; and they shall alss
have power. to provide by ordinance. for th,
lighting Of any railway, or any portion
: thereof, which may be located Within the
corporate limits Of such town or city, under
! such restrictions and upon such terms as the
city or town council shall prescribe
Sec. q. Whenit shall be deemed necessa.
, ry by any municipal corporation to erter up.
on ortake priyateproperty. as above provided
an application in writing shall be made to the
court Of common pleas Of the proper county
or to the ejudge thereof In vacation, which ap-
plication shall describe as correctly as may be,
the property to be taken, TIE object proposed,
\ Land the owners Of the property, and Of each1ot
or parcel thereof known; notice Of the time
and place of such application shall be given.
either personally, in the ordinary manner Of
serving legal process, or by publishing copy
Iof the application, with statement Of the time
and place at which it is to be made, for three
weeks nextpreceding lifetime of the applica-
tion, IN some newspaper of general circulation
in the county; if it shall appeartothe court or
Judge, that such notice has been served five
days before the time of application, or has be n
published as above provided, and that such no.
tice is reasonably specific and certain, then the
court orjudge may set time for the enquiry
into, and assessment Of compensation, by aju
Try in the court Of common pleas; and ii such
court shall not be in session at the day so fix
ed for such enquiry, and assessment Of COM
,pensation, then the Judge Of the court Of COM
mon 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 spe-
cial term of said court, for the purpose Of hear
ing and determining such enquiry and assess
ment, and shall direct jury to be summoned
for the purpose Of making such enquiry, in the
same manner that petit.iurors are summoned in
the court of common pleas for other purposes;
which enquiry and, assessment shall be made
at the time appointed, unless, for good cause,
continued to another day to be specified; if at
the time of such application it shall appear
that any Of the owners Of property are in
fants or insane, guardian ad litem shall be
appointed; the municipal corporation may be
required to file a more full and accurate de.
scription of the property to be taken, and the
object proposed, and maps, plats, and surveys
II necessary or proper. The assessment shall
be made so that the amount payable to each
owner may be ascertained, either by allotting it
to each owner by name, or on each lot or parcel
ofland and the enquiry and assessment shall in
other respects he made by the jury, under such
rules and instructions as shall be given by the
court. The jury shall be sworn to make the
whole enquiry and assessment, but may be al
lowed to return verdict as to part and be dis
charged as to the rest, in the discretion of the
court; and in case ajury shall be discharged from
rendering verdict in whole or in part, another
shall be impanneled at the earliest convenient
time, who shall make the whole enquiry and
assessment, or the part not made, as the case
may be
Sec. %. So soon as the amount of coupen
, sation which may be due to the owners of tht
property to be taken, or to any of them, shall
have been ascertained by the jury, the court
shall make such order as to its payment, or its
deposit, as shall be deemed right and proper in
respect to the time and place of payment or de-
posit, or to the persons entitled to receive pay
ment, and the proportion payable to each, and
may require adverse claimants of any part of
luc lhOnSJ VI plOpCibl W Dlcuu, ~ dS lul
!. ly to settle and determine their rights and in
terests, according to equity and Justice; the
court may direct the time and manner in which
|. possession of the property condemned, shall be
taken or delivered, and may, if necessary, en-
force any order giving possession the costs oc-
casoned by the enquiry and assessment shall
: be paid by the corporation, and as to the other
costs which may arise, they shall be charged or
taxed as the court in its discretion may direct;
no delay in making an assessment of compen-
sation, or in taking possession, shall be occa-
stoned by any doubt which may arise as to the
ownership OF the property, or any part thereof,
or as to the interests of the respective owners,
/ but in such cases, the court shall require a de-
posit Of the money allowed as compensation for
the whole property, or the part in dispute; and
in all cases. as soon as the corporation shall
have paid the compensation assessed, or secur-
!, ed its payment by deposito of money under the
( order Of the court, possession of the property
may be taken, and thepublic work or improve
ment progress.
Sec 80. Any party interested in any such
enquiry and assessment, who shall feel agriev-
ed by the fndingo of the jury, or the order Of the
court may have the part thereof in which such
T party may be interested and feel aggrieved, re-
viewed in the district court, by filing petit
, tion for that purpose in the court of common
pleas, during the term at which the finding or
decision complained Of, shall have been made;
and it shall be the duty OF the court Of common
pleas to report, in the nature Of bill of excep.
:. tions, the facts neces ;ary to show the ground
i Of the finding ordecision. and said petition and
report, or transcript thereof, being filed in
, the district court, (Which shall be done on or
before the first day Of the next term thereby
the matter shall be heard and determined; and
if the court shall find that right and justice has
! not been done, a new assessment may be order
i dered by Jury in that court, which shall be
| Imade without delay, at the same term if prac-
n lticable; or such other final order or judgment
/ shall be made as may be deemed proper and
. equitable. When such petition shall be filed,
!, the court Of common pleas may suspend the ex-
/. ecution of any order which may have been
} made, on such terms as may be deemed proper
+ and may require bond with security for the
payment of any damages or costs which may
r be thereby occasioned but in all cases where
.llthe municipal corporation shall pay or secure
by a deposit Of money, the compensation as
sessed BY the jury, and shall give such sure.
/ ty as may be deemed adequate to pay any fur
!. ther compensation, and all damages and costs
! (which may be adjudged in the district court
|. the right 10 take and hold the property con
! demned, shall not be affected by any such re
u view.
I. Sec. 80, Each municipal corporation may
| either by general or special bylaw or ordi
0 nance, prescribe the mode in which the charge
on the respectiveowners Of lots or lands, and on
-lth. =. 1o,d eha he as ensand and determin