The Democratic sentinel and Harrison County farmer. [volume] (Cadiz, Ohio) 1851-1852, 1852-05-12
[cescIrnEp Ison tlEst sarr.

fifTr 10 tlrW TIE premises or pr6pefty
af..xs said. in Tie Tr senee Of A. B. on The
Tari of the corporation aforesaid. and {.
ID. on the part Of the owner, (bt bknefs,l
Hppointed by this cohtt; and you shall
inaks return Of the hshhet sou have e4c-
'cu:cd this wit, q. this eourt. on the -
dsy d 4. y: =, and have You
then there his Wit. The aforesaid, shall
be signed BY the probate Judge, and GER
tiiied under his seal Of Office, and he shall
also dtliyer to the sheriff copy of the
sfsttment, containing a separate dtsefipI
ion Of each parcel Of property and rights
sought TO be appropriated within the
county; and he shall have power 10 ap-
point the two persons therein named; and
the sheriff, or tsher proper officer. who is
t. execute said writ, shall, by a special
return t,bbn the sahei CERTIFY Under his
hand. that tie view has been made, ac-
cording to the commstid thereof. The
expenses oftaking said view. shall be tax
ed in the bill of costs. and no evidence
shall be given on either side al the taking
thereof; Provided. that witnesses may be
Examined before said Jury, after their re-
turn 10 the Gourt afotesaid, and the trial
In cath ease shall be conducted thereafter
in said probate court, in the same man
her that the trial Of civil cases is conduc-
ted in the court of common pleas Of the
county in which said proceeding is hadi
Provided, that if more than three witness
Fes att .&ahined by eitLer party on the
same point, in the same case, the said
probate Judge shall have power to tax the
fees and costs of such witnesses to the
party calling the same.
SEC. I. Ii The owner or owners, or his,
her or lEejr guardian, as the case may be,
are unknown, or DO not reside within the
county where such property may be stu
ated, shch corporation, by its proper tffi-
ecr, authorized agent hr atttnty, shall
make affidavit TO that fact, and shall, rev.
erthelcsS, file such stattmCnt as is rcqui-
red BY the SECOND section of this act, in
The probate court, and shall also publish
in some newspaper ofgcncral circulation
in such county, for the term of four weeks
an advertisement containing des ription
of The property sought to be appropriated;
and a notice that they have made applica-
li0t according to law, for such appropra-
lion, 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 day
jury be impahneled and.sworn by the pro-
bate Judge, and the proceedings shall
thereafter be conducted in accordance with
the foregoing provisions of this act.
SEC. 8. The jurors Summond and SER
wing in accordance with the provisions of
-- of this act, shall each receive one dollar
per day tlr their services, and fvo 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 fees as he may be al
bowed by law for similar services in other
I cases, but he shall not be allowed any
! thing in the way of poundage, the wit
y nesses shall be allowed the same fees to
which they would be entitled for attend
ance on the court of common pleas; pro-
bate judge shall be allowed to enter a
charge of three dollars in the cost bill for
lis services, and no more: and the whole
costs SO taxed shall be paid hy the cor
poration seeking to making such appro-
priationT Provided, that such corporation,
ny it's proper officer. agent or attorney,
may, at the time of filing the statement
aforesaid, with-the probate Judge; depos-
IL with said officer such an amonnt in mon
y as they may deem just and equita-
Tie compensation for the property and
rights sUughi to be appropriated, sal.d if
the final .ycrGict of the jury shall not cx-
ceed 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 TO accept the same.
SEC. 9. All the proceedings hereinbc-
! fore provided for in the probate court,
shall be open to exceptions, in the same
TANNER that exceptions are, or may be
: taken in civil suits in the court of COM
mon 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
= -tlcrk thereof, upon the filing of a precipc,
in which case such exceptions. signed d
and sealed by the probate Judge, shall be
taken and considered as part Of the rec
ord of such proceedings; Provided, that
such writ OF certiorari shall be issued
within fifteen days from the rendition of
the Judgment in the probate court; Proyi-
tled, that such corporation shall have the
. right, on the finding Of the jury in the pro-
bate court, to pay into court the amount
Of compensation SO found, and proceed to
enter upon and appropriate such proper
", Notwithstanding the cause may be
removed to the court Of common pleas.
SEC. 10. If the court Of common pleas,
upon the hearing of the cause, shall af-
firm the Judgment of the probate court
all The coasts in said court of common
pleas, shall b. paid by the party at whose
instance the writ Of certiorari shall have
{ been issued; and if they shall reFerse such
Judgment, they shall retain s0ch cause for
trial, and final judgment in said court Of
common pleas, AS in other cases, which
trial shall be held at the term of the rever-
Of such original judgment, unless, for
ehod cause shown, BY either party, the
court shall grant continuance OF such
cause; and on the trial of su,h cause
I in the court ommon pleas, the same oath
Or affirmation shall be administered to tn:
jury, as is provided for in the fifth..section
+ Of his act.
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