Carroll free press. [volume] (Carrollton [Ohio]) 1834-1861, 1852-06-25
WHOLE NUMBER 1851.


aud surveys IL necessity OF proper The as
sessmenI shall be made 90 that The amount pay
able 10 each owner may be asceuained, ether
BY slloung 10 each owner BY name. or on each
lot or parcel Of land. and The inquiry and g.
sessmenI shall in other respects be made BY The
ljury, under such rules and instructions as shall
be giEea BY The eoun. The jury shall be
sworn 10 make the whole inquiry and assess.
meni, but may be allowed 70 return q Verdici as
70 Pap. aad be discharged as 10 the rest, in The
J discretion Of the eouu; and n case jury shall
be discharged from rendering Verdicl 10 whole
or in part. snolher shall be empanneled st The
earliest conveoient time, who shall make The
whole inquiry spd assessment, or the pan NOT
made, as The case may be.
I See. 90. So soon as the amount Of eompen-
! ssliou which may BE- due 70 Lhe owners Of the
properly 10 be taken. or 70 any Of them, shall
have been ascsuHiBed BY The Jury, Ihs coun
shall make such order as 70 It's paymens, or iis
deposit, as shall be deemed right and proper 10
respect TO the lime and place OF payment or oe.
posit, or TO he persons entitled 10 receive paw.
ment and the proportion payable 10 each, aud
may require adverse claimants, Of any par Of
The money or properly, 70 inIeTPleAd, so as lul.
y 10 settle and deIermne their rights and To-
Ieres's, according 10 equity and justice; The
court may direct the time and manner in which
possession Of the properly condemned, shall be
taken or delivered, and may, if necessary. en-.
force any order giving possession; the costs oc.
casioned by the inquiry and assessment shall
be paid by the corporation, and as 10 other costs
which may arise, they shall be charged or tax.
ed as The court 10 It's discretion may direct; no
delay in making an assessment Of compensa.
lion, or in taking possession, shall be occasion.
ed by aDy dOubI which may arise as 10 The own
eTship Of the properly, or any pau thereof, or
as 10 the Interests Of the respective owners, but
10 such cases, the court shall require deposit
Of the money allowed as compensation fOE The
properly, or The Pau in dispute; and in oil cases,
as soon as the corporation shall have paid the
compensation assessed, or secured lis payment
by deposit Of money under The order Of the
couu, possession Of The properly may be taken,
and the public work or improvement progress.
Sec. 90. Any party interested in any such
inquiry and assessment, who shalt feel aggriev-
ed BY the finding Of the jury, or the order Of
The court, may have the part thereof in which
such party may be interested and feel aggrieved,
reviewed in the district court, by filing peti-
thSh tOA PuipNoS ~ SOoh W NOhhOb
| pleas, during the term al which The finding or
decision complained Of, shall have been made;
and il shall be The duty Of The court Of COM
mon please TO report, 10 the nature Of bill Of
exceptions, the facts necessary 10 show the
ground Of The finding or decision, and said pc.
Iilion and report, or transcript thereof, being
! filed n the district court (Which shall be done
on or before The first day Of the next term
thereby The matter shall be heard and deIer-
mined; and if The court shall find that right and
justice has not been doneT a new assessment
may be ordered by jury in that cour, which
shall be made without delay, al the same term
if practicable; or such other final order or judg.
menl shall be made as may be deemed proper
and equitable. When such petition shall be
/ filed, The court OF common pleas may suspend
the execution Of any order which may have
been made, on such terms as may be deemed
proper, and may require bond with security
for the maymeni OF any damages or COSTS which
may be thereby occasOned; but in all cases
where the municipal corporation shall pay or
secure by deposit Of money, the cOmPensa'
lion assessed by the jury, and shall give such
surety as may be deemed adequate 10 pay any
further compensation, and all damages and costs
which may be adjudged in the district cour, The
right TO take and hold The properly condemned,
shall no. be affected by any such review.
Sec. 80. Each municipal corporation may,
ether by general or special bylaw or ordi.
nance, prescribe The mode in which the charge
on the respective owners of lots or land, and on
the lots or land, shall be assessed and deiermin.
ed, for the purposes authorized by this act; such
charge, when assessed, shall be payable by the
owner or owners OF the lime Of the assessment,
personally, and shall also be q lien upon the
respective lois or parcels Of land, in the posses.
sion of any owner, from the time Of the assess
ment; such charge may be collected and such
lien enforced, by proceeding at law or in equi.
~, either in the name Of the municipal coTpo
ration, or of any person 10 whom the municip-
al corporation, or of any person 10 whom the
municipal corporation shall have directed pay.
ment 10 be- made n any such proceeding al
any such proceeding al law, when pleadngs are
required, it shall be sufficient TO declare gener.
ally, for work and labor done, and materials fur |
nished, on The particular street, alley or high !
way; and in any proceeding in equity, when the !
owner of any loI or land shall be nonresident |
of the county, or unknown, noIlce shall be CIV
en- by publication, in the manner prescribed by |
law Tor like notices, but publication for one
half of The usual time shall be deemed sufi.
cient; proceedings al law or in equity, may be
Instituted agains. all the owners, or each. or
any number of them, or 10 enforce The lien
against all the lots or land, or each lot or par
eel, or any number Of them embraced 10 any
one assessment but The judgment or decree
shall be rendered severally orseperaIely, forIhe
amount properly chsrgeabIe; and any proceed.
ing may be severed, in the discretion Of The
court, for the purpose Of trial, review or appeal.
Sec. 81. 10 any such proceeding, when the
justice OF the peace, or The court, trying and
hearing the same, shall be satisfied that work
has been done, or materials furnished, which,
according to the true intent Of this acL would
be properly chargeabIe on the oI or land, through