Gallipolis journal. [volume] (Gallipolis, Ohio) 1837-1919, 1852-05-27

This court: and you shall make return of
tie manner you have executed this writ,
n This court. on the = day of -, A.
D. -. and have you then there this
writ, The aforesaid. shall be signed
by the probate judge, and certified under
his seal of office, and he shall also de-
liver TO the sheriff a copy of the state
ment, containing a separate descrip-
ton of each parcel of property and
rights sought to be appropriated within
the county; and he shall have the pow
er 10 appoint the two persons therein
named; and the sheriff. or other proper
officer. who is to execute said writ, shall,
by a special return upon the same, cer-
dfy under his hand, tnat the view has
been made, according TO the command
thereof. The expenses Of taking said
view, shall be taxed in the bill OF costs,
and no evidence shall be given on either
side at the taking thereof; Provided, that
witnesses may be examined before said
iurv, after their return TO the court afore-
said, and the trial in each case shall be
conducted thereafter in said probate
court. in the same manner that the trial
of civil cases is conducted in the court
of common pleas of the county in which
said proceedings is had; Provided, that
if more than three witnesses are exam
ined by either party on the same point,
in the same case, the said probate Judge
shall have power to tax the lees and
costs of such witnesses TO theparty call
ing the same.
Sec. 7. If the owner or owners, or
his, her or their guardian. as the case
may be, are unknown, or do not reside
within the county where such property
may be situated, such corporation, by its
proper officer, authorized agent or at
torney, shall make affidavit TO that fact,
and shall, nevertheless, file such state
ment as is requhed bv the second Sec
ton of this act, IN the probate court, and
shall also publish in some newspaper OF
general circulation in such county, for
the term of four weeks, an advertise
ment containing a description of the
property sought TO be appropriated; and
notice that they have made application
according to law, for such appropriation
specifying the day. which shall be with
in ten days from the expiration OF said
term of four weeks, in which a jury will
be selected 10 assess the compensation
to be paid therefor; and upon such day
jury be empanneled and sworn by the
probate Judge, and the proceedings shall
thereafter be conducted in accordance
with the foregoing provisionsef this act
Sec. 8. The Jurors summoned anc
serving in accordance with the provis
ions OF this act, shall each receive one
dollar per day for their services, anC
five cents per mile for every mile of tht
distance they may be compelled TO trav
ell in the discharge OF their duties; thu
sheriff shall be entitled to such fees a
he may be allowed by law for similar
services in other cases, but he shall no
be allowed anything in the way o
poundage; the witnesses shall be a!
lowed the same fees to which they woul'
be entitled for attendance on the cour
of common pleas; the probate judge shal
be allowed to enter a charge of thre
dollars in the cost bill for his services
and no more; and the whole costs $
taxed shall be paid by the corporation
seeking TO make such appropriation
Provided, that such corporation, by il
proper officer, agen; or attorney, may
at the time of filing the statement afore
said, with the probate judge, deposit wit
said officer such an amount in none
, as they may deem just and equitabI
compensation for the property and righl
sought to be appropriated, and if the t
nal verdict of the jury shall not excee
the amount so deposited, the whole cos
of the proceedings shall be equally d
3 vided between the corporation and ii
owner of such property, in case of h
! refusal TO accept the same.
f Sec. Q. All the proceedings hereinb
y fore provided for in the probate cour
: shall be open TO exceptions, in the san
h manner that exceptions are, or ma
II be taken in civil suits in the court
}. common pleas; and either party ma
vi take the same up to the court Of cor
l. mon pleas Of the proper county on
,: writ of certiorari, which shall be issue
! of course By the clerk thereof, upon Il
: filing Of precipe, in which case sue
IF exceptions, signed and sealed by Il
V probate judge, shall be taken and CO.
II sidered as a part Of the record of SUI
u proceedings; Provided, that such writ
,r certiorari shall be issued within fiftet
,f days from the rendition of the jucgme
:. in the probate court; Provided, that SUE
4 corporation shall have the right, on Il
h finding Of the jury in the probate cou
h to pay into court the amount of compe
4. sation so found, and proceed TO ent
er upon and appropriate such Propert
.r notwithstanding the cause may be T
n moved to the court of common pleas.
I'd Sec. 40. 1.-THE court ofcommon plet
n, upon the hearing Of the cause, shall I
firm the judgment of the probate cot
id all the costs in said court of comm
r pleas, shall be paid by the party at who
he instance the writ Of certiora.i shall ha
it: been issued; and il they shall rever
re such judgment, they shall retain su
he cause for trial, and final judgment
lis said court of common pleas, as in 9th
or cases, which trial shall be held at I
by term Of the reversal Of such origir
~ judgment, unless, for good cause show
Of by either party, the court shall grant