The Ohio union. [volume] (Ashland, Ohio) 1849-1854, 1852-06-09


and the owner Of such property, in case
of his refusal TO accept the same.
Sec. o. All the proceedings hereinbe-
fore provided for in the probate court, shall
be open 10 exceptions, in the same manner
that exceptions are, or my be taken in civil
suits in the court of common pleas; and
either party may take the same up to the
court Of common pleas of the proper coun-
ly, on a writ Of certiorari, which shall be
issued of course by ibe clerk thereof, up.
on the filing of precipe, in which case
such exceptions, signed and sealed by the
probate judge, shall be taken and con.
sdered as a part of the record Of such
proceedings; Provided, that such writ of
ceriorari shall be issued within fifteen
days from the rendition of the judgment in
The probaIe court; Provided, that such
corporation shall have the right, on the
finding of the jury in the prorale court, to
pay into court the amount of compensa-
ton SD founG, and proceed to enter upon
and appropriate such property, nolwilh.
standing the cause may be removed to the
court of common pleas.
Sec. 10. II the court Of common pleas,
upon the hearing Of the cause, shall affirm
the judgment Of the probate court all the
costs in said court of common pleas, shall
be paid by the party at whose instance the
writ of cerliorari shall have been Issued I;
and if they shall reverse such judgment,
they shall retain such cause for trial, and
final judgment in said court Of common
pleas, as in other cases, which trial shall
be held at the term of the reversal Of such
original judgment, unless, for good cause
shown, by either party, the court shall
grant continuance Of such cause; and on
the trial of such cause in the court Of COM
mon pleas. the same oath or affirmation
shall be administered to the jury as is pro.
vided for in the fifth section of this act.
Sec. IL. The jury shall render their
verdict to the probate judge, who shall en-
ter the same on his minutes; and unless
for good reason shown, the court shall
grant new trial, the Judge shall enter.of
record a confirmation of The verdict so
rendered, and upon the payment of The
amount for which the verdict is rendered,
and such costs as may be assessed, the
court shall render judgment, to the effect.
that the said corporation shall hold the
property in tho proceedings mentioned for
the purposes for which the same was ap-
propriated, and enter the same upon re.
cord, and thereupon such corporation shall
hold The came accordingly, and be entitled
to execution to put them in possession
thereof; Provided, that if upon certorari,
or new trial, there shall be second as.
sessmcn,, which shall exceed in amount
tha; first made, the corporation shall pay
The excess TO the owner of such property,
and the probate judge receiving The amount
so first decided To be due, shall retain the
same in case a writ Of certOrarl shal! issue,
or new trial be granted; and il the ver-
dict of the second jury shall be less than
tina, Of the first, he shall repay 10 such
corporation the difference upon the final
disposition Of The cause; and provided, fur
ther, that in case new trial shall be grant
ed, a, the instance Of the owner or owners
ofthe property, and the verdict of the Sc
cond jury sbsll be the same az or less in
amount than ,haifrst rendered, such own
er shall pay the whole costs Of The second
proceeding; and if i, shall be more Than
that fret rendered, the costs Of such Sc.
cond proceedings shall be paid by the
corporation.
Sec. Is. The probate court shall have
poser 10 enforce the judgment rendered
finally in such cause, by execution, or 9th.
er wise.
JAMES C. JOHNSON.
I Speaker Of the House of Representatives
WILLIAM MEDlLI.
Speaker Of the Senate.
April 80, 1852. =