The spirit of democracy. [volume] (Woodsfield, Ohio) 1844-1994, 1859-06-15

titled to open and close, in giving testimony,
and in the argument. The verdict shall be in
writing, signed by the jurors, or their foreman; !
but the court, with the assent Of the jurors,
may put it in proper form. A new trial shall
not be granted, except for misconduct Of the
jury, or for erroneous ruling by the court
Exceptions may be taken, as in other cases,
to any ruling of the court in matter of law,
and petition in error may be prosecuted in
the district or supreme court, if filed within
thirty days after the rendition of the verdict, |
but not otherwise. Such petition shall not
be filed without an allowance by the district
court or by the supreme court, or judge
thereof. And the proceedings shall not be
reversed for any error of form, or other error,
not affecting the substantial justice of the
case. Upon reversal of the proceedings, a
precedendo; in proper case, be awarded, End
a new trial had, if thereby commanded. The
probate judge shall record the proceedings in
that court, including the certificates of inten>
tion to appropriate, and the proof of its service
or publication, filed in his Office aforesaid.
Sec. s. After such appropriation is made, it
shall be the duty of the probate judge imme-
diately to make up the cost of such proc eed-
ings, when the board, or proper member there
of, shall, without any unnecessary delay, pay
the same, and shall also pay the adjudged COM
auditor in the manner prescribed by law. in
favor of the 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 be-
half for the same, and shall retain such war
| rant until called for; and the money shall be
taken and held to be deposited in the treasury
for the use and benefit of the party entitled to
the same, from the date of such warrant !.
provided, that no interest shall be upon the
compensation or costs as aforesaid: Provided,
| that the board or proper member thereof, may
at their option, pay the costs and refuse to
make the appropriation, if in their or his judg-
ment, the compensation assessed is too great
to justify the appropriation.
| Sec. 7. Proof of the service or publication
or of the certificates aforesaid, when required
by this act may be made by the affidavit of
any person having personal knowledge Of the
| fact.
| Sec. 8. Ifthe property appropriated in case
of public eXigency, as herein before provided,
or to be appropriated in other cases as afore-
said, shall belong to the heirs, er devisees of a
decedent, and the names and places of resi-
dence 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 devisee or de-
visees, as the case may be, of the decedent
raining 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 thu
owners, or any of them, (whether holding by
descent, devise or purchase,) be in like man
ner unknown, such owner, or owners, who's,
names and places of residence shall be thu
unknown, may be described in, all and sin
| gular, the papers and proceedings aforesaid
by the general description of unknown owner
or unknown owners. And such general des
cription shall also be sufficient when the resi-
dence OF the owner, or owners, is without thi
, state.
Sec. 9. Married women, whose propert
r shall be appropriated under this act, shall b.
3 capable of doing all things which it may b
lawful or necessary for owner to do in tn
9 premises, as fully as if they were unmarrie
= and of full age. And guardians as aforesaid
D shall have as full power to act for their ward
respectively would have, were they under n
4 disability.
r Sec. 10. Corporations, in addition to pay
q ment for their property, real or personal; ap
o propriated as aforesaid, shall be entitled I
r compensation for destruction, total or par
: tial, ofsthe value of any of their franchises d
: rectly caused by such appropriation of thei
e real or personal property, as follows: if tn
S value of the franchise be totally destroyed
e such value shall be paid and the franchis
f, shall cease to exist; if its value be but pal
r tially destroyed, ratable compensation sha
e be made. The compensation to be thus pal
/. shall be ascertained, Cif not agreed upon
S the board or the proper member thereof an
il the corporation,) at the same time and in til
e same manner that the compensation to b
!, paid for the real or personal property of tn
If corporation appropriated as aforesaid, sha
l. be ascertained; and the jury, shall state j
n their verdict, what is the franchise thus injl
v red, or destroyed, and whether the destru,
l. tion is total or partial; which finding, if nt
n set aside in the mode hereinbefore provide
q for vacating verdicts, shall be conclusive ev
h dence of the fact SO found, to all intents an
n purposes.
70 Sec. IL. The witnesses, clerks, sheriff CO
l. oher, constables, and jurors, respectively, ft
s. the services required of them by this act, sha
,r receive such fees as they are paid for like Sc
IT vices in similar cases. The probate jude
it shall receive for his services, five dollars
l. addition to the usual fees for issuing proce
4 ses and recording the proceedings; the person
le appointed to show the property and tai
ID charge of the jury upon a view as aforesai
g shall receive such fees for their services
x the court may allow; and the expenses of CO.
70 veying the jurors to the place or places to
S, viewed, may be allowed by the probate cou
J. and taxed as costs. All names drawn from IL
le jury box by the clerk and sheriff, as herei
s. before provided, shall be by them replaced
er the box, and the persons whose names we
p thus drawn shall be liable to service as juro
j. in the same manner as if they had not bet
n, drawn for the special service required by til
IN act.
is Sec. IL. By the word "costs" in this a.
o. taxable costs only are meant. Unless othe
so wise herein provided, such costs shall be pa
E. by the state; but upon proceedings in err
re the party failing shall pay the costs in errc
st Judgment for costs may be given in favor
- the state, and against the owner by the cou
of in which the proceedings may be pendir
" when the owner became liable to pay costs
III aforesaid. 1t shall also be lawful for the boa,
ill or proper member thereof, to deduct from t
Sc compensation to which any owner may becor
er entitled aforesaid, all costs for whi
in such owner shall not have paid, and if su
e: deduction be made, the board, or said memb
re shall pay such costs to the persons entitl
n, thereto or to the proper clerk for their use.
es Sec. 13. Any person whose pro