Meigs County telegraph. [volume] (Pomeroy [Ohio]) 1848-1859, 1852-06-03

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... ,' !. VOL 4. NO %.
The ie0s and costs Of such Witnesses TO the
party calling the same. 20 sR 'a'nthi f'a.
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 properly may be situated,
such corporation, by ils proper officer, au.
ihorized agent or attorney, shall make.alfi-
davit TO that fact, and shall, nevertheless.
file such statement as is required by the Sc.
cond section 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, All advertiser ent con.
tanning description of the property sough,
TO be appropriated; and no'ice thai they
have made application according 10 law, for
VlsIeh siaII 50 ||''|p 4 d ||d Il rom il ~
pltaliobbf said Term 2 seI Moods 'srh
IA fol Vi S 5. q q rs s,ii|I 0I'||III t.
salion % be paid therefor; 8ad upon such
day jury be empanneled and sworn BY tho
probate Judge. and The proceedings shall
thereafter be conducted in accordance with
the foregoing provisions Of this act.
Sec. 8. The jurors summoned and serv-
ing in accordance with the provisions of this
act, shall each receive one dollar per day
for their services, and five cents per mile for
every mile Of The distance they may be
compelled to travel in The discha ge of their
duties; The sheriff shall be entitled 20 such
fees as he may be allowed by law for simi.
lar services in other cases, but he shall not
be allowed anlhing in the way Of poundage;
the Witnesses shall be allowed the same fees
10 which they would be entitled for attend.
ance Of the court Of common pleas; The pro.
bate judge shall be allowed 10 enter charge
of three dollars in the cost bill for his ser.
vices and no more; and the whole costs 81
taxed shall be paid by The corporation seek.
ing 10 make such appropriation; Provided
that such corporation, by lis sropcr officer
agent or attorney, may, at the time Of filing
the statement aforesaid, with the probate
Judge, deposit with said officer such an
amount in money as they may deem jus
and equitable compensation for The property
and rights sought 10 be appropriated, and il
the final verdict Of the jury shall not exceed
the amount so deposited, the whole COSTS o.
the proceedings shall be equally divided be-
tween the corporation and the owner of such
properly, in case of his refusal 10 accept the
same.
Sec. 8. All the proceedings hereinb fore
provided for in the probate courl, shall bt
open 10 exceptions in the same manner .ha
exceptions are, or may be taken in cvi
suits in the court Of common pleas; and eli
ther party may take the same up TO the cour
of common pleas of the proper county, OF
writ of cer,iorari, which shall be issued O
course by the clerk thereof, upon the film!
Of precipe, in which case, such exception
signed and sealed by the probate Judge, shal
be taken and considered as part of the re
cord of such proceedings; Provided, lha
such writ of certiorari shall be issued within
fifteen days from the rendition Of the iudg
ment in the probate court; Provided, ,ha
such corporation shall have the right on tn
finding of the jury in the probate court. Il
pay into court the amount of compensation
so found, and proceed to enter upon and ap
propriate such properly, Notwithstanding tn
cause may be removed 10 the court of com
mon pleas.
Sec. 10. If the court of common pleas
upon the hearing of the cause, shall affirm
the judgment of The probate court, all tn
costs in said court Of common pleas, shaI
be paid by The party at whose instance tn
writ Of certiorari shall have been issued
and if they shall reverse such judgment
they shall retain such cause for trial an
final Judgment in said court OF commo
plees, us in other cases. which trial shall b
held a,,the time of the reversal Of such ori
ginal judgment, unless for good cause shown
by either party, the court shall grant cor
tinuance Of such cause; and on trial of sue
cause in The court Of common pleas, tn
same oath or affirmation shall be admins
tered to the jury. as is plpvided for in tn
in the fifth section of this act.
SEC. II. The jury shall render their uel
dict 10 The probate Judge, who shall enter tn
same on his minutes; and unless for goo
reason shown, the court shall grant nc'
trial, the Judge shall enter of record cor
frmalion of the verdict so rendered, an
upon The payment of the amount for whic
The verdict is rendered, and such costs q
may be assessed, the court shall render
Judgment to The effect. that the said corpc
ration shall hold the property in the proceed
ings mentioned for the purposes for whic
the same was appropriated, and enter III
same upon record. and lhereupon such col
poralioh shall hold the same accordingly
and be entitled 10 execution TO put them
possession thereof; Provided, that if hpo
cerliorari, or a new trial, there shah be ST
cond assessment, which shall exceed
amount that first made, the corporation Sha
pay the excess TO the owner Of such proper
ty, and the probate judge receiving the
mount so first decided 10 be due, shall retail
the same in case writ OF cerliorari sha
issue, or new trial be granted; and if Ii
: verdicl OF the second jury shall be less tha
that of the first, he shall repay 10 such co
poration the difference upon the final disp,
sition of the cause; and provided, lurhe
that in case a new trial shall be granted,
the instance Of the owner or owners Of Il