The spirit of democracy. [volume] (Woodsfield, Ohio) 1844-1994, 1852-06-16

time appointed. unless, for good cause,
continued to another day TO be specified;
if at the time of such application it shall
appear that any OF the owners Of property
are infants or insane. guardian ad Item
shall be appointed; the municipal corpo-
ration may be required to file a more full
and accurats description of the property
to be taken. and the object proposed, and
maps. plats. and surveys if necessary or
proper. The assesslneIt shall be made
SO that the amount payable to each owner
may be ascertained, either by allotting it
to each owner by name, or on each lol or
parcel Of land. and the enquiry and as
sessment shall in other respects be made
by the jury. under such rules and instruc-
tons as shall be given by the court. The
ljury shall be sworn TO make the whole en-
qury. and assessment, but may be allow,
ed TO return a verdict as to part, and be dis.
charged as to the resi-, in the discretion
Of the court; and in case jury shall be
discharged from rendering verdict in
whole or in part. another shall be impan.
neled at the earliest convenient time, who
shall make the whole enquiry and assess.
ment, or the part not made, as the case
may be. ..
SEC 28. So soon as the amount COM
pensation which may be due TO the own.
ers Of the property 10 be taken. or to any
of them, shall have been ascertained by
the jury, the court shall make such order
as to its payment, or its deposit, as shall
be deemed right and proper in respect to
the time and place Of payment OF deposit,
or to the persons entitled to receive pay
ment, and the proportion payable TO each,
and may require adverse claimants Of
any part of the money or property, to in
terplead. so as fully to settle and deter
mine their rights and Interests, according
to equity and justice; the court may direct
the time and manner in which possession
Of the property condemned, shall be taken
or delivered, and may. if necessary, en-
force any order giving possessions; the
costs occasoned by the enquiry and as
ses s1ment shall be paid by the corporation,
and as to the other costs which may arise,
they shall be charged or taxed as the
court in its discretion may direct; no de-
lay in making an assessment Of compen-
sation, or in taking possession, shall be oc-
casioned by any doubt which may arise
as to the ownership Of the property or ay
part thereof, or as to the interest Of the r..
spective owners. but in such ci 8, the court
shall require deposit Of the money al
lowed as compensation for the whole prop
erty. or thepart in dispute; and in all cases,
as soon as the corporation shall have paid
the compensation assessed, or secured its
payment by a deposit of money under
the order Of the court, possession Of the
property may be taken, and the public
work or improvement progress.
SEC. 90. Any party interested in any
such inquiry and assessment, who shall
feel aggrieved by the finding of the jury,
or the order Of the court, may have the
part thereof in which such party may be
Interested and feel aggrieved, reviewed in
the district court, by filing petition for
that purpose in the court Of common pleas.
during the term at which the finding or
ecision complained OF, shall have been
made: and it shall be the duty of the
court of common pleas to report, in the
nature OF bill Of exceptions, the facts
necessary to show the ground Of the ind,
ing or decision, and said petition and re-
port, or transcript thereof, being filed in
he district court. (which shall be done on
Or before the first day Of the next term
hereof the matter shall be heard and de-
and il the court shall find that
light and Justice has not been done,
new assessment may be ordered by ju-
y in that court, which shall be made
without telay, at the same term if practi-
cable: or such other final order or judg-
nent may be made as may be deemed
proper and equitable. When such peti-
ion shall be filed, the court Of common
'leas may suspend the execution Of any
rider which may have been made, on
uch terms as may be deemed proper, and
nay require bond with security for the
payment Of any damages or costs which
nay be thereby occasioned; but in all
Eases where the municipal corporation
hall pay or secure by deposit Of money,
I've compensation assessed by the Jury,
md shall give such surety as may be
eemed adequate to pay any further COM
and all damages and costs
phch' may be adjudged in the district
ourt. the right to take and hold the prop
ry condemned, shall not be affected by
ny such review. tei
Sec. 80. Each municipal corporation
nay, either by general or special ,byr
aw or ordinance, prescribe the mode in
which the charge on the respective owners
# lots or land, and on the lots or land,
hall be assessed and determined, for the
purposes authorized by this act; such
harge, when assessed, shall be payable
" The owner or owners at the time OF he
assessment, personally, and shall also be
lien upon the respective lots or parcels
# land, in the possession Of any ownet,