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

, SeS or OtReT uOncSIlC dnlIndlS az puOI
ahction,ln the streets alleys or highway
to regulate all carts wagons, drays
hackney coaches, omnibuses and ever,
description Of carriages which may b
kept for hire, and all livery stables, t,
regulate taverns and other houses 70
public entertainment, and to regulate
or prohibit ale and porter shors anC
houses, and places for significant Of
habitual resort for tipping and intem'
perance.
Sec 26. They shall have power tc
lay of, open, widen, straighten extend
and establish, to improve and keep in
order and repair and to light streets
alleys public grounds, wharves landing
places and market spaces, to open and
construct and keep in order and re-
pair sewers and drains, to enter upon
and take for such of the above purpo
ses as may require it, land and materi-
al and to assess and collect a charge
or the owners OF any lots or lands OF
on the loss or lands through or by
which street alley erpublic highway
shall pass for the purpose of defraying
the expense Of constructing, improving
repairing or lighting such street, alley
or public highway, to be in proportion
either to the feet front of the lot, or
land abuttihg on such street, alley or
highway, or to the value of such lot or
land, as assessed for taxation under the
general law Of the state, as such mu.
nicipal corporation may IN each case
determine, 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 corporate limits Of such towa or
citv, under such restrictions and upon
such terms as the city or town nosncil
shall prescribe.
Sec. 81. When it shall be deemed
necessary by any municipal corpora
tion, to enter upon or take private
property, as above provided, an appli-
cation in writing shall be made to the
court of common pleas Of the proper
county, or to the Judge thereof in va
cation, which application shall describe
as correctly as may be the property to
be taken, The object proposed, and the
owners of the property and of each los
or parcel thereof known, notice OF the
time and place of such application shall
be given, either personally, in the or
dinary manner of serving legal process
or by publishing copy Of the apPlica-
ton with statement of the time and
place at which it is to be made, for
three weeks next preceding 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 published as above provided !,
and that such notice is reasonably spe-
cifc and certain, then the court or
jndge may set slime for the inquiry
iuto, and assessment of compensation,
by ID jury in the court of common pleas
and il such court shall not be in ses-
sion at the day so fixed for such inqui-
ry and assessment of com2ens alton
by, jury in the court OF common
pleas; and if such court shall not be
in session at the day so fixed for such
enquiry, and assessment of compeusa-
ton, tnen the Judge of the court OF
common pleas of the subdivision in
which such property is situated, or in
case Of his absence, interest or disa-
bility, then any other judge Of said
court within the district, shall hold a
special term of said court. for the pur-
pose OF hearing and determinining
such enquiry and assessment, and shall
direct jury to be summoned for the
purpose of making such inquiry, in the
same manner that petit jurors are
summoned in the court Of common
pleas for other purposes; which enqui-
~ and assessment shall be made at
the time appointed, unless, for good
cause continued to another day to be
specified, if, at the lime of such appli-
cation, it shall appear that any of the
owners of property are infants or in
sane, guardian ad Item shall be ap-
pointed, the municipal corporation may
be required to file a more full and ac-
curate description Of the property to
be taken, and the object proposed, and
maps plats and surveys if necessary
or proper. The assessment shall be
made so that the amount payable to
each owner may may De ascertained,
either by allotting il to each owner by
name, or on each lot or parcel Of land
and the enquiry and assessment shall
in other respect, be 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 en-
qliry and assessment, but may be al
lowed to return a verdict as to part,
and be discharged as to the rest. in the
discretion of the court, and in case a
jury shall be discharged from render
ing a verdict in whole or in part an
other shall be impah neled at the ear
liest convenient time who shall make
the whole inquiry and assessment, or
the part not made as the case may be.
Sec. %. So soon as the amount
of compensation which may be due to
the owners of the property to be taken
or to any of them, shall have been as
certained by the jury the court shall
make such order as to its payment, or
its deposit, as shall be deemed right
mad proper in respect to the time and
place of payment or deposit, or to the
persons entitled to receive payment,
and the proportion payable to each,
and may require adverse claimants of
any part Of the money or property. to
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