Gallipolis journal. [volume] (Gallipolis, Ohio) 1837-1919, 1852-06-17

for the penalty incurred, and cost Of pro-
ceeding; TO prevent the running al large
of dogs, and injuries and annoyance
iherefrom, and TO authorize the destruc-
ton of the same, when at large. contra
ry to any prohibition TO that effect.
Sec. 95. They shall have power to
regulate or prohibit all theatrical exhi.
billions or public shows, and all exhibit
tions of whatever name or nature, for
which money, or any other reward, is in
any manner demanded or received; Pro-
vided, that lecturers on scientific, his
torical or literary subjects, shall not
come within the provisions of this Sec
ton; to regulate or prohibit the sale of
all horses, or other domestic animals at
public auction, in the streets, alleys or
highways; to regulate all carts, wagons,
drays, hackney coaches, omnibusses,
and every description of carriages which
may be kept for hire, and all livery sta
bles; TO regulate taverns, and other
houses for public entertainment, and 20
regulate or prohibit ale and porter shops
and houses, and places for significant or
habitual resort for tiPpling and intem-
perance.
Sec. 26. They shall have power TO
lay of, open, widen, straighten, extend
and establish, to improve and keep in
order and repair, and 10 light, streets,
alleys, public grounds, wharves, land
ing places, and market spaces; to open,
and construct, and keep in order and
repair, sewers and drains; to enter upon
or take for such of the above purposes
as may require it, land or material; and
to 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 ofdefraying the ex-
pense of constructing, improving, re-
pairing, or lighting such street. alley, or
public highway, to be in proportion, Ell
ther to the feet front of the lot, or land
abutting on such street, alley, or high
way, or TO the value of such lot or land,
as assessed for taxation under the gen.
eral law of the state, as such municipal
corporation may in each case deter
mine; and they shall also have power TO
provide by ordinance, for the lighting of
any railway, or any portion thereof,
which may be located within the corpo.
rate limits of such town or city, under
such restrictions and upon such terms
as the city or town council shall pre-
scribe.
Sec. 27. When it shall be deemed
necessary by any municipal corpora
ton, TO enter upon, or take private prop
erty, as above provided, an application
in writing shall be made TO the court of
common pleas of the proper county, or
to the judge thereofin vacation, which
application shall describe as correctly
as may be. the property to be taken, the
object proposed, and the owners of ihe
property, and of each lot or parcel there.
of known; notice ol the time and place
Of such application shall be given, either
personally, in the ordinary manner of
serving legal process, or by publishing a
copy of the application, with a statement
Of the time and place at which it is TO
be made, for three weeks next prece-
ding the time of the application, in some
newspaper of general circulation in the
county; if it shall appear TO the court or
Judge, that such notice has been served
five days before the time of application,
or has been publishsd as above provided,
and that such notice is reasonably spe-
cific and certain, then the court or Judge
may set time for the enquiry into, and
of compensation, by a jury
in the court of common pleas; and ifl
such court shall not be in session at the
day so fixed for such enquiry, and as
sessment 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, in
terest or disability, then any other Judge |
of said court within the district, shall |
hold special term of said court, for the
purpose of hearing and determining
such enquiry and assessment, and shall !
direct a jury 10 be summoned for the
purpose of making such enquiry, in the
same manner that petit jurors are sum.
moned in the court of common pleas for
other purposes; which enquiry and as
sessment shall be made at the time ap-
pointed, unless, for good cause, contin-
ued to another day to be specified; if at
the time of such application it shall ap.
pear that any Of the owners of property
are infants or insane, guardian ad Ii
em shall be appointed; the municipal
corporation may be required to file
more full and accurate description of
he property 10 be taken. and the object
and maps, plats, and surveys
f necessary or proper, The assess
nent shall be made so that the amount
payable TO each owner may be ascer-
aimed, either by allotting tito each own
sr by name, or on each lot or parcel of
and, and the enquiry and assessment
shall in other respects be made by the
ury. under such rules and instructions
IS shall be given by the court. The iu-
y shall be sworn to make the whole en-
JURY and assessment, but may be al
owed to return a verdict as to part, and