Fremont weekly freeman. [volume] (Fremont, Sandusky County, Ohio) 1850-1853, 1852-05-15
NUMBER 10.

sherln, as In other cnSea.
Sec g. It shall be lawful for the said probate
Judge, upon motion of either party, to issue
the following writ to the sheriff or other props
er officer. to wit To the sheriff of--couDty:
ou are hereby commanded to conduct the
twelve jurors named in the panel to this writ
annexed, to view the property or premiss
sought to be appropriated by (here state thc
name Of the corporation, and owned by there
state the name Of the owner or owners, 1on
I-the-dsy Of, then and there TO view
the premises or property aforesaid, in tho
presence of A. B. on the part Of the corpor-
! alton aforesaid, and C. D. on the part Of the
owner(or owners) appointed by this courl;
and you shall make return of the manner you
have executed this writ 10 this court, on the
l-day-, A. D.. and have you
then thero this writ. The aforesaid shall be
signed by the probate judge. and certified un.
der his seal of Office, aud be shall also deliv-
er to the sheriff copy of the statement cont
tanning seperate description Of each pafcel7
of property and rights sought to be appropria.i
ted within the county; and he shall have the
power to appoint the two persons therein
named; and the sheriff. or other proper Off
Ger, who is to execute said writ shall by a.
special return npon the same, certify under
his hand. that the view has been made accor.a
ding 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; PFoyided,a
that witnesses may be examined before said
Il Jury, after their return to the court aforesaid
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 conducss
ted in the court of common pleas of the coun.
by in which said proceeding is had; PTovided,a
that if more than three witnesses are examin-ss
ed by either party on the same point, ia the
same case, the said probate Judge shall have
power to tax the fees and costs Of such wits
nesses to the party calling the same.
4 Sec. z. Ifthe owner or owners. or his, herf
or their guardian, as the case may be, are nn.5
known, or do not reside within the county
where such property may be situated such
corporation, by its proper officer authorized
agent or attorney, shall make affidavit to that
! fact, and shall nevertheless, file such etste.a
ment as is sre4uired by the second sectiossok
this act. in the probate court, and shall also
: publish in some newspaper Of general circnlas
: lation in such county, for the term Of four
= weeks, an advertisement containing descTipss
I lion of the property sought to be appropriated
J. and a notice that they have made application
! according TO law, for such appropriations
: specifying the day, which shall be within Ten
E days from the expiration ofsai term Of four
1 weeks. in which a jury win besselected o.
e assess the compensation to be paid thersfoss
and upon such day jury be iDpanneled and
sworn by the probate Judge, and the pfooee-e
dings shall thereafter be conducted IN accose
dance with the foregoing provisions of this aeL
Il Sec 8. The jurors summoned snd serving
: in accordance with the provisions Of this set,
: shall each receive one dollar per day for stheif
services. and Eve cents per mile for every mile
/ of the distance they may becompeled TO travel
h in the discharge of their duties: the sheriff
. shallbe entitled to such fees as he may be al
: lowed by law for similar services in other ca
: Eses, but he shall not be allowed anything in
: the way Of poundage; the witnesses shall be
. lallowed the same fees to which they would be
; entitled for attendance Of the court q common
= pleas; the probate Judge shall be allowed 10
if enter charge of three dollars in the cost
4 bill for his services and no more; and the
h whole costs so taxed shall be paid By the cor
portion seeking to making suca appropriation.
e, Provided, that such corporation, by its proper
@ officer, agent or attorney may. at the time ue
If fling the statement aforesaid, with the pros
e bate Judge, deposit with said officer such an
/ amount in money as they may deem Just
> and equitable compensation for the property
e and right sought to be appropriated, and if
If the fnal verdict of the Jury shall not exceed
3 The amount SO deposited, the whole costs of
% the proceedings shall be equally divided be-
of tween the corporation and the owner of 1eh
n property in case of his refusal to occeptsthe
e. same.
a. Sec. g. All The proceedings hereinbefore
e provided for in the probate court shall bs
le open to exceptions, in the same manner that
is exceptions are. or may be taken in civil suits
sr in the court of common pleas: and either par.
S, ty may take the same up TO the court of COM
ly mon pleas of the proper county, on a writ OF
K certiorari which shall be issued of course by
id the clerk thereof, upon the filing of aprecipe,
I'd in which case. such exception. signed and
er sealed by the probate Judge, shall be taken
ne and considered as part of record of such
he proceedings Provided. that such writ Of cer-
,e tiorari shall be ISSUED within fifteen DAYS
i'll from tho rendition of the judgement in the
r. probate court: Provided, that such corporation
or shall have the right on the finding of the jury
e. in the probate court, to pay into court the
&c. amount Of compensation SO found. and pro-
f ceed to enter upon and appropriate such prop
re erty, notwithstanding the cause may be re-
ID, moved to the court of common pleas.
ed Sec. 10. If the court of common pleas.
if upon the hearing of the cause, shall affirm
or the judgement of the probate court all the
all costs in said court of common pleas. shall be
fh paid by the party at whose instance ths writ
NJ Of cer.lorafi shall have been issued and if
Sc. they shall reverse such judgement, they shall
retain snch cause for trial and final Judge
all nent in said court of common pleas, as in
is other cases, which trial shall be held at the
m term OF the reversal of such original Judge
do msnt unless for good cause shown, BY either
ST party. the court shall grant. continuance Of
ur such cause; and on trial of such cause in the
eh court of common pleas, the same oath or
,h) affirmation shall be administered to the jury,
ch as is provided for in the eth section Of this
me act
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