The Ashland union. [volume] (Ashland, Ashland County, Ohio) 1854-1868, 1859-08-03
T. A w s. o E. OHIO
PUBLISHED BY AUTHoRITYa sssd
CONTINUED FROM LAST As WEEK v

Sec. 6. After such appropriation is made,
it shall be the duty Of the probate Judge i'm
rnediately to make up the cost billso asuch
proceedings When the board. h. or aproper
member thereof, shall, without any unpeces-
sary delay, pay the same, and shall so..pay
the adjudged compensation by drawing his
warrant upon the auditor in the manners pre-
scribed by law. in favor of the proper party;
and if the party entitled to such compensation
shall not call for the same, the auditor shall
nevertheless issue the proper warrant upon
the treasury in his behalf for the sameo and
shall retain such warrant until calledlf for; and
the money shsn be taken and held to be de-
posted IN the treasury for the use and benefit
of the party entitled to the same, from the
date of such warrant: provided, that no inter
est shall be paid upon the compensation or
| costs as aforesaid Provided, that the board
or proper member thereof, may, attheir option,
pay the costs and refuse to make the .appro-
priation, if in their or his judgment, the
compensation assessed is .teosgreat to justify
the appropriation ztIa . yCzzrHkH
! r, Sec. L.. Proof of, the service or publication
of the certificates aforesaid, when required by
this act may be made by the affidavit of any
person having personal knowledge Of theOfact.
Sec. 8. "a IF the property appropriatedfin a
case of public eigency, as herein befors pro-
vided, OF to be appropriated in other cases as
| afOreSa1U, SNAIL DelOnS 10 the nelTS, OF QeV1SeeS
| of a decedent, and the names and places of
residence of such heirs or devisees or of any
or either of them, shall be unknown to the
board, or the proper member thereof, such
! persons whose names and places of residence
| shall be thus unknown, may be described in,
| all and singular, the papers and proceedings
aforesaid, as the unknown heir or heirs deyisee,
or deyisees, as the case may be, of the decedent,
naming such decedent, if his or her, name be
known to the board, or said member thereof.
| But if the name of such decedent be unknown
to the board, or the proper member thereof, or
if the names and places of residence of the
owners, or any of them, whether holding by
descent, devise or purchase,9 bein like manner
unknown, such owner, or owners, whose names
and places of residence shall be thus unknown,
may be described in, all and singular the papers
and proceedings aforesaid, BY the general de-
| scription of unknown owner orowners. o And
such general description shall also be sufficient
when the residence of the owner, or owners,
is without this state. .s.rr-se, d.-,
Sec 9. Married women, whose property
shall be appropriated under this aet shall be
| capable of doing all things which it may be
lawful or necessary for an owner tosdo in the
premises, as fully as if they were unmarried
and of full age. And guardians aforesaid,
shall have as full power to act for their wards
respectively, as the wards respectively would
have, we're they under no disability. a
Sec. 10. Corporations, in addition to pay
ment for their property, real or personal, appro
priated as aforesaid, shall be entitled to oocom-
pensation for destruetoH, total or partial of
the value of any of their franchises directly
caused by such appropriation of their real OF
personal property, as follows: h IF the value of
the franchise be totally destroyed, such value
shall be paid and the franchise shall cease to
exist; if its value be but partially destroyed, a
ratable compensation shall be made" The
compensation to be thus paid shall DO Asccr-
tanned, (if not agreed upon by the board or
the proper member thereof and the. corpora
ton, y at the same time and in the same hummer
that the compensation to be paid fer the real
or personal property of the corporation
appropriated as tlaforesaid, shall be- ascer-
tained; and the jury shall state in their verdict,
what is the franchise thus injured, or destroy
ed, and whether the destruction is total or
partial; which finding, if not set aside IN the
mode hereinafter provided forovacating aver-
diets, shall be conclusive evidence of the fact
so found, to all intents and purposessdi u
Sec H. The witness3 clerks, sheriff, coro-
ner, eonstabies, and Jurors, respectively, for
the services required Of them by this act bshall
receive such fees as they are paid for like
services in similar cases, Tho probate judge
shall receive for his services, FIVE dollars in
addition to the usual fees for issuing processes
and recording the proceedings;st the persons
appointed to show the property and take charge
of the, jury upon view as aforesaid, shall re-
ceiye such fees. for their services as the court
may ALLOW; and the expenses of conveying the
Jurors to the place or places to be viewed, may
be allowed by the probate court and taxed as
cost All names drawn from the jury box by
the clerk and sheriff, as herinbefore provided,
shall be by them replaced in the box, and the
aa '.ii (Coach.Gea on fourth Pa9e.1a 21a