Fremont weekly freeman. [volume] (Fremont, Sandusky County, Ohio) 1850-1853, 1852-05-29

property UT any part LHeToOlI OT Us
the interests Of the respective owner
but in such cases the court shall reQuir
a deposit oe the money allowed a
compensation for the whole property
or the part in dispute; and in all case
as soon as the corporation shall hav
paid the compensation assessed, or Sc
cured its payment by a deposit 0
money under the order OF the court
possession of the propety may be ia
ken, and the public work or improve
ment progress.
Sec. 20. Any party interested il
any such inquiry and assessment, wht
shall fell aggrieved at the finding o
the jury, OF the order of the court, may
have the part tn .re,f il
which such party may be interested
and feel aggreived, reviewed IN the
distaict court, by fling a petition for
thut person in the court Of common
pleas, during the term at which the
inding or decision complained of shall
have been made, and it sh Ill be the
duty of the court of comm1n pleas IL
report in he nature of btll OF excep
tons, the facts necessary to show th4
ground of the finding or decision, and
said petition and report, or a transcript
thereof, being fled in the district cour
(which shall be done on or bsfore the
first day of the next term thereof. the
matter shall be heard and determined;
and if the court sh III fni that right
and Justice has not been done, new
assessment may be ordered by jury
in that court, which shall be made
without delay, at the same term il
practicable; or such other final order
or judgement shall be made as may be
deemed proper and equita lie. When
such petition shall be filed. the court
of common pleas may-su speni the ex-
ecution of any order whic may have
been ms1e, on such terms as may be
deemed proper, and may require =
bond with security for the payment o.
any damages or costs which may be
thereby occasioned; but in all cases
where the municipal corporation sha,l
pay or secure by deposit of mofey,
the compensation assessed by the jury,
and shall give such surety as may be
deemed adequate to pay any further
compensation. and all damages and costs
which may be adjudged in the district
court, the right 10 take and hold the
property condemned, shall not be affec.
ted by any such review.
Sec. 80. Each municipal corpora
ton may, either by general or spec
isl bylaw or ordinance, prescribe the
mo ie in which the charge on the res
pective owners OF lots or land, and on
the lots or land shall be assessed and
determined, for the purposes auIhori-
zed by this act, such charge wien as.
sessed shall be payable by the owner
or owners at the time of the assessment
personally. and shall also be lien upon
the respective lots or parcels of land in
the possession of any owner, from the
time Of the assessment suchcharge may
be collected and such lien enforced by
a proceeding at law or in equity, either
in the name Of the municipal corpora
ton, or of any person to whom the
municipal corporation shall have direc-
ted payment to be made, in any such
proceeding at law, when pleadings are
required, it shall be sufficient to declare
generally for work and Labor done
and materials furnished, on the partic-
ular street alley or highway, and in
any proceeding in equity, when the
owner of any lol or land shpl! be non
resident of the county or unknown, no.
,ice shall be given by publication, in
the manner prescribed by law for like
notices, but publication for one half
the usual :ime shall be deemed sufis-
lent, proceedings at law or in equity, may
he instituted against all the owners, or
each, or any number Of them, or to en-
force the lien against allthe lots or land
or each lot or parcel, or any number
of them, embraced in any one assess
ment, but the Judgement or decree
shall be rendered severallY or separate.
Iy, for the amount properly chaTgeable
and any proceedings may be severed
in the discretion of tie court, for
the purpose of trial, review Or sp,
peal.
Sec. 81. In any such proceeding
when the justice OF the peace or ths
court trying ard hearing the same,
shall be satisfied that the work has
been done, or materials furnished, which
according to the true intent of this act,
would be properly chargea-
BILE on the 10: or land, through or by
which the street, alley or highway, i'm
proved, repaired, or lighted, may pass,
a recovery shall be permitted, or a
charge enforced, TO the extent OF the
proper proportion of the value of work
or material which would be rhargeable
on such lot or land notwithstanding any
informally irregularisy or defect, in any
assessment on the part ofsuch munich
pal corporation, or It's officers. but in
sucn case the Justice or court shall ad :
Judge as to costs as may be deemed
proper. and in cases where al assess
ment shall have been regularly made
and payment shall have been neglec;e.
or refused, at the time when the same
" as required, any municipal corpora.
tion shall be entitled to demand, ans
recover in addition to the amount as
sessed and interest thereon, OF six pei
cent from the time of assessment, five
per cent. to defray the expenses ofcoi
lection which shall be included in any
jud cement or decree which may be rem
dered.
Sec. 81. Municipal corporations
shall have power to cause any lots OF
lots Of land within their limits. on which