The Kalida venture. [volume] (Kalida, Ohio) 1841-1865, 1852-06-11

To the sheriff Of -- COUNT: You
are hereby commanded 10 conduc, the
twelve jurors named in the panel 10 this
writ annexed, 10 view the property OF
premises sought to be appropriated by
there state the name Of tho corporation,l
and owned BY there state the name Of
the owner or owners, or ----- the -----
day OF ---, then and there 10 view
the premises or property aforesaid, in
the presence Of A. B. on the part Ct the
corporation aforesaid, and G. d. on the
part Of the owner, Tor owners appointed
by this court; and you shall make return
Of the manner you have executed this
writ, 10 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 certi-
fed under his seal Of office, and he
shall also deliver to the sheriff a copy Of
the statement, containing separate des.
cription Of each parcel Of property and
rights sough, to be appropriated within
the county; and he shall have the power
TO appoint the two persons therein
named; and the sheriff, or other proper
officer, who is 10 execute said writ, shall
by special return upon the Same, cerii-
~ under his hand, thar the view has
been made, according 10 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
Jury, after their return TO the court
aforesaid, and the trial in each case shall
be conducted thereafter 10 said probate
court, in the same manner that the trial
Of civil cases is conducted in tile court
of common pleas Of the countyjin which
said proceeding is had; Provided, thati If
more than three witnesses are examined
by either party on the same point, in the
same case, the said probate Judge shall
have power to tax the fees and costs Of
such Witnesses to the party calling the
same. o.vrs Msat eg 44F aF =
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 aitor-
ney, shall make affidavit 10 that fact, aud
shall, nevertheless, file such statement as
is required by the second section Of this
act, in the probate court, and shall also,
pu6lishin some newspaper Of general
circulation in such county, for the term
Of four weeks, an advertisement contain
ing description of tine property sought
to be appropriated; and notice ,la. they
haye made application accordingsto law,
for such appropriation, specifying the day
which shall be within ten days from The
expiration Of said term of four weeks, in
which a jary will be selected 10 assess
the compensation to be paid therefor
and upon such day a jury be -impanneled
and sworn by the probate Judge, and the
proceedings shall thereafter be conduct
ed in accordance with .le foregoing pro.
visions o: this act.
Sec. 8. The jurors summoned and
serving 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
discharge Of their duties; the sheriff
shall be entitled to such fees as he may
be allowed by law for similar services in
other cases, but he shall not BE- allowed
anything in the way Of ppundage; the
witnesses shall be allowed the same fees
to which they would be entitled for at
tendance on ,ae court Of common pleas;
the probate judge shall be allowed to
enter charge Of three dollars in the
cost bill for his services, and no more;
and the whole costs so taxed shall be
paid by the corporation seeking to ma.
king such appropriation; Provided tha,
such corporation, by its proper officer,
agent or attorney, may, at the time Of
filing the statement aforesaid, with the
probate judge, deposit with said officer
such an amoun in money as they may
ieem just and equitable compensation
for tbs property and rights sought to be
appropriated, and il the final verdict Of
The jury shall not exceed the amount so
the whole costs Of the procee-
ings shall be equally divided between
he corporation and the owner Of such
in case Of his refusal TO accept
he same. fafeft e 1''.a
Sec. 9. All the proceedings herein
before provided for in the probate court,
shall be open to exceptions, inthe same
manner that exceptions are, or may be
aiken in civil suits in the court Of COM
non pleas; aud either party may take the
,ame up TO the court Of common pleas Of
he proper county, on writ of ceriiorari,
which shall be issued of course by lhe
clerk thereof, upon the filling Of pre-
:ipe, ia which case such exceptions,
,igned and sealed by the probate judge,
hall be taken aud considered as paitof
he record Of such proceedings; Provi.
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