Meigs County telegraph. [volume] (Pomeroy [Ohio]) 1848-1859, 1852-03-18

deem Just and equh9Qle, and 10 cancel exist
ing leases. with the consent Of The essees O
assigns, or when fofIsiled, where they shal
deem the interests d The Stale will be pro
NOTED thereby, and 10 shn, off the water anC
prevent the use thereof under any lease
when rent due under said lease shall be il
arrear for thirty day. or whenlhe lessee o
assigns refuse or neelsct lopul in. Ior permi
70 be puI in., gauges ps required in ,heil
leases. and TO keep thB walar shut off unii
such rent shalt be pad and gauges putin
SEC. 10. That il shalE nnd may be Lawful
for said board Of p,l1. works, and each
member thereof, by tIselNselses,' and by any
aud every superintendent, agent and engn.
eer employed by. them, 10 enter upon and
take possession, Of and use, all and singular,
any lands, waters, Streams, and materials
necessary for protecting and keeping in re-
pair the public works under The charge oI
said board, and 10 make all such feeders
dykes, reservoirs, locks, dams. and Other
works and devices as they may think prop.
er, for perlec,ing and keeping in repair the
public works under their charge. doing, nev.
erlheless, no unnecessary damage.
Sec. II In all cases when properly shall
be taken as provided 10 the preceding sec.
tion of this acl. and when the board, or the
acting member thereof, and lhe owner oil
such properly, cannol agree upon the price
10 be paid for The same, the board of public
works, or any member thereof. shall deliver
10 The owner Of such properly, or to his
guardian if such owner ba minor, idiot or
insane person, description Of the properly
intended 10 be appropriated, or which, il
case of public exlgency. has been previous.
ly appropriated, s,aliqg in such notice The
time when The value of such properly will
be assessed, and file acopy thereof with the
clerk oil the court Of common pleas of the
county wherein such properly, or any par,
thereof. shall be situated; and shall deposit
with The treasurer Of State, such sum of mo-
ney as the member having charge Of such
division shall deem such properly worth
taking duplicate certificate thereof, one oil
which shall be deposited with the clerk ol
said court, and The olher retained by said
member, which sum, SO deposited. shall be
kept by said treasurer until The determina-
lion of said suit. ll,&however, the owner
&C such properly shall, al any time previous
10 The ,riaI Of said case, signify his willing.
ness 10 accept the amount so deposited, in
satisfaction Of such damages, said member
shall pay 10 such owner suid amount OF mo.
ney, and The lee slnple of such properly
N 60. h. l1I|1r. - O. r
Ohio. IL the ownesor his Or her guardian,
be unknown, or resid ewilhuul The Stale OF
Ohio, the board Of public works shall publish
in some newspaper OF general circulation in
said county, for The term Of thirty days, q
notice, The same as that filed with said
clerk. and slaling the intention Of said board,
10 appropriate said properly, OF thai such
properly has been appropriated. as the case
may be. Upon filing such description, and
delivering such copy, or making such pub.
licalion, the said clerk, on The application OF
said board. or any member thereof, shall,
with Ihe sheriff Of said county, proceed TO
select a jury Of five persons, in the same
manner tina, peln jurors are now selected in
The court of common pleas, and shall imme.
dialely y issue his venire, directed 10 The She
riff of his county, 10 the jurors SO selected
commanding Them. on The day TO BE- speci-
fled in The notice Aforesaid, to appear and
on personal view 10 examine and determine
the value Of such properly, 50 seized or in.
tended 10 be seized as aforesaid. .-....
Sec. l2. Before entering upon the du.
ties ol their appointment, The said jurors shall
severally, lake an oalh or affirmation, be.
fore some person qualified TO adminter
oalhs. faithfully and iInparIiaIly TO perform
The dulies required Of them by this act; and
ii shall be the duly Of said jurors, or a ma
jorily of Them, 70 make a just and equilable
estimate and appraisal oil The loss or or dam
ages; and the said jurors, or a majority Of
them, shall make regular entries Of their
determination aud appraisal, with an assCsS
men. and sufficient description Of the prop
ery appropriated for the purposes aforesaid,
in book or books, 10 be provided and KEEP,
by the board Of public works for that pur.
pose, and certify and sign their names to
such entries and appraisals. The said ju.
rors shall examine under oath, any witness.
es who may be offered BY The parties in the
case, aud may have power 10 examine, un.
der oath, any Witnesses ihGy may deem ne
nessary 10 aiul understanding OF their du.
lies; and either party may appeal from the
decision oI such Jury TO The court Of COM
mon pleas ol the eproper county; on giving
notice 10 the opposIe party, and filing with
said clerk a bond, with sufficient security,
10 be approved by said clerk. conditioned
lc he payment of costs in The courI oil
commu, pleas; said bond and notice 10 be
filed wit in twenty days ailer said jury shall
have rendered and recorded their verdicr
and trial shalt shull be had in said court O
common pleas at The FIRST term alter filing
said bond with The clerk, if the same shal
BIZ filed thirty days before The siIIiIg Of Ih,
said court, unless, for good cause shown BY
either party, said cause shall be continued
IL the said applican. for damages, aPpea
and recover no more in tho, cou,lnon plea
than before said jury, he shall pay all cost
accruing in said court; and II he recover be
fore the jury FIRST summoned, no larger a
mount than lhun ihar rendered or Deposited
by said board, as required BY this act, h
shall likewise pay all COSTS. ,..,
SEC. l8 The said board public work
shall pay all damages finally assessed 70
property taken as as aforesaid; and the e
simple Of the premises so appropriated shal
heyesIed in The Stale Of Ohio; bur If, /,
the opinion of the said board, the damag'.
assessed on property NOT previously appr
I'll nrlnipd shall ha ton hiuh Ia ;nSiifu ;ts m