The Kalida venture. [volume] (Kalida, Ohio) 1841-1865, 1852-07-09

common pleas OF The subdivision in which
such properly is situated, or in case oI
hiss absence, inieres, or disability, then
any other Judge Of said court within the
district. shall hold special term of sai''
cour,, for The purpose Of hearing and
determining snch enquiry and assess
men,, and shall direct Jury 10 be sum
moned for tho 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 anil assessment shall begmade at
The time appointed, unless, for good
cameo. continued 10 another day 10 be
specified; if at the time Of such applca.
lion IL shall appear iha, any Of the own
ers OF property are irfan,s or insane. a
guardian ad li,em shall be appointed: the
municipal corporation may be required
to file a more full and accurate descrip-
lio, Of iI,e property 10 be taken. and the
object proposed, and maps, pla's, ard
surveys If necessary or proper. The
assessment shall he made so that The
amount PAYABLE TO each owner may be
ascertained, either by allot,ing !! to each
owner by name. or on each lot az parcel
If land, and the enquiry and assessmen'
shah in other respects he made bv The
inry. under such rules and Instructions
as shall be given by the court. The inry
shall be sworn to make The whole enquiry
and assessment, but NAV be allowed 10
return verdict as TO part, and be dis
charged as to the rest, in the discretion OF
the court; and in case jury shall he dis
charged from rendering verdict in
whole or in part, another shall he i'm
panneled at the earliest convenient time.
who shall make the whole enquiry md
assessment, or the part not made, as the
case NAV be.
Sec. %. So soon as the amocn, oi
compe eussiion which may be due to the
owners Of tho properiy 10 be taken, or I"
any Of them, shall have been asccrtainrd
by the jury, the court shall make snch
order as to its payment, or lis deposit, as
shall be deemed right and proper in
resp,c, 10 the time and place Of payment
or deposit, or 10 the persons entitled 10
receive payment, and the proportion pay
able to each. and may require adverse
claimants Of any part of the money or
property, to inierplead, go as fully to
settle and determine their rights and
interests, according 10 equity and justice ;
the court may direct the time and manner
IN which possession Of the property con.
demned, shall he taken or delivered, and
may, if necessary. enforce any order
giving possession; the costs occasioned
by the enquiry and assessment shall be
paid BY the corporation, and as to the
oiher cosis which may arise, they shall
he charged or taxed as the corr, in its
discretion NAV direct; no delay in making
an assessment Of compensation, OF in
taking possession, shall be accustomed by
any doubt hich may arse as 10 the
ownership Of the property. or any part
,hereof, or as TO the interests Of the
respective owIers, but in such cases. the
court shall rcqni'e deposit Of the money
allowed as compensation for the whole
property, or the part in dispute: aud IN
ell cases. as soon az the corporation shall
have paid the compensation assessed, ot
secured its payment by deposit Of
money under the order OF the court, pos.
session Of the property NAV be taken, and
the public work or improvement progress.
Sec. 90. ANY party interested in ans
such inquiry and assessment. WIN shall
feel aggr,eved by the finding Of the jury,
or the order Of the court. may have the
part thereof in which such party may be
and feel sgprieved, reviewed
in the district court, by filing petition
for fha, purpose in the court Of common
pleas, during the term at which the find
ing or decision complained Of. shall have
hsen made: and, !. shall be The duty OF
The court of common pleas 10 report, in
'he nature Of bill Of exceptions. the
facts necessary 10 show the ground of the
finding or ierision. and slid petition and
report, or a transcript ihorsof. being fled
ia the dislric, court. (Which shall be done
nm or before the 6rsi day Of The next
term thereby the matter shall be heard
md determined; and IL the court shall
find that right and justice has not been
done, new assessment may be ordered
by a jury in that cour.. which shall be
made wi,hou, DELAY, AT the s'me term if
or such other 6nal order or
indpmen, shall be made as NAV be
deemed proper and equitable. When
such petition shall be filed. the court Of
common pleas may suspend the cxecu,
ton &c sny 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 be thereby occa.
stoned; but in all cnses where the mnni-
cipal corporation shall pay or secure by
a deposit Of money, the compensation
assessed bv the Jury, and shall give snch
surety as may be deemed adequate to
nav any further compensation, and alt