The Ohio Union, 1852-06-09

HIO U

AND, OHIO, WEDNESDAY, JU

0.

ORITY.]

duties of the thereof, and of the act ~re- ers of justice, uncil and hundred and

*the General Ohio. That rized by the resent con- and record er jurisdic- diction, and etice of, and powers to lege thereof, matters of when the shall govern se duties up- ts of com- respective, es, and laws, respective. and not in- d since the

the court of bdivision, be ent, and when be convicted the court of of and duly sealed a bill or charge of the aforesaid be convicted, sentence or or persons, t; Provided, year at the writ of er- ct case, and have been d court, on use, further of the trans- of error.

ary, and oth- hereinbefore in like man- accordance

enth section ontribution of vers and du- enroll, one dily-two, be d.

NSON, of Rep's. CDILL he Senate.

to owners of d corpora-

by the Gener- of Ohio, That r property to poration may he be created described by on, for the her purpose poration of of the le- ration, shall rdance with

uch corpora- uch appro- o agree with he property therefor, it torney, upon [?] o.] in [?] no. n a specific property and d, with the ion shall be ration, at the seeks to ap- y, intended to the same on n parcel, if of that fact, [?] shall filed proper coun

the duty of the uch notice, to of the coun- ents; and the within one day proceed to ser- to serve as in the same ed for the trial of common minating and xmination un- ate, or be en- appropriation; mediately re- so drawn, to hereupon in eriff or other ty to summon resaid, to at- t the office of of the coun- e days from gs and there to render a ereinafter de- me of taking of the several ue, the sheriff al jury will udge, for the sons; but the cers upon the

party therein named, at the time of serving such venire.

Sec. 4. It shall be the duty of the sher- iff, or other proper officer, receiving such venire facias, to summon the persons there- in named, in the same manner that jurors are summoned to attend the court of com- mon pleas; and if, by reason of non-at- tendance, challenge for cause, or for any other reason, such jury shall not be full, the sheriff shall fill the same with tales- men, as in like cases in the court of com- mon pleas ; but no challenge except for cause, shall be allowed to either party.

Sec. 5. When the panel is so filled, it shall be the duty of the probate judge to administer the following oath to the jury so empanneled, to wit: You and each of you do solemnly swear, (or affirm,) that you will justly and impartially assess, ac- cording to your best judgment, the damages, in money, which (here name the owner or owners,) will (and) sustain by reason of the appropriation of such property to the use of (here repeat the name of the cor- poration), in the proceedings now pending; and you do further swear, (or affirm,) that you will truly, faithfully and impartially, estimate and assess the amount of such compensation, irrespective of any benefit to him from any improvement proposed by said corporation; that you swear, as you shall answer to God, (or affirm,) under the pains and penalties of perjury; and the said probate judge, before administering such oath or affirmation, shall personally enquire of each juror whether he is in- terested in such corporation, either as own- er, stockholder, agent or attorney, or in any other manner; and if any juror shall an- swer such question in the affirmative, such juror shall be excused from serving, and the panel shall be filled with talesmen, by the sheriff, as in other cases.

Sec. 6. It shall be lawful for the said owner, upon motion of either party, to issue the following writ to the sheriff, or other proper officer, to wit: To the sheriff of - - County : You are hereby commanded to conduct the twelve jurors named in the panel to this writ annexed, to view the property or premises sought to be appropriated by (here state the name of the corporation,) and owned by (here state the name of the owner or owners,) on - - the - day - - , then and there to view the premises or property aforesaid, in the presence of A. B. on the part of the cor- poration aforesaid and C. D. on the part of the owner, (or owners,) appointed by this court; and you shall make return of the manner you have executed this writ, to this court, on the - day of - , A.D. - - , and have you then there this writ. The afore- said, shall be signed by the probate judge, and certified under his seal of office, and he shall also deliver to the sheriff a copy of the statement, containing a separate de- scription of each parcel of property and right sought to be appropriated within the county; and he shall have the power to appoint the two persons therein named; and the sheriff, or other proper officer, who is to execute said writ, shall, by a special return upon the same, certify under his hand, that the view has been made, ac- cording to the command thereof. The ex- penses of taking said view, shall be taxed in the bill of costs, and no evidence shall be given on either side at the taking there- of; Provided, that witnesses may be ex- amined before said jury, after their return to the court aforesaid, and the trial in each case shall be conducted thereafter its said probate court, in the same manner that the trial of civil cases is conducted in the court of common pleas of the county in which said proceeding is had; Provided, that if more than three witnesses are examined by either party on the same point, in the same case, the said probate judge shall have power to tax the fees and costs of such witnesses to the party calling the same.

Sec. 7. If the owner or owners, or his, her or their guardian, as the case may be, are unknown, or [?] reside within the county where such property may be situ- ated, such corporation, by its proper of- ficer, authorized agent or attorney, shall make affidavit to that fact, and shall, never- theless, file such statement as is required by the second section of this act, in the probate court, and shall also publish in such county, for the term of four weeks, an advertisement containing a description of the property sought to be appropriated; and a notice that they have made applica- tion according to law, for such appropria- tion, specifying the day, which shall be within ten days from the expiration of said term of four weeks, in which a jury will be selected to assess the compensation to be paid therefor; and upon such day a jury be impanneled and sworn by the probate judge, and the proceedings shall thereafter be conducted in accordance with the fore- going provisions of this act.

Sec. 8. The jurors summoned and serving in accordance with the provisions of this act, shall each receive one dollar per day for their services, and five cents per mile for every mile of the distance they may be compelled to travel in the dis- charge of their duties; the sheriff shall be entitled to such fees as he may be allowed by law for similar services in other cases, but he shall not be allowed anything in the way of poundage; the witnesses shall be allowed the same fees to which they would be entitled for attendance on the court of common pleas; the probate judge shall be allowed to enter a charge of three dollars in the cost bill for his services, and no more; and the whole costs so taxed shall be paid by the corporation seeking to ma- king such appropriation; Provided, that such corporation, by its proper officer, agent or attorney, may, at the time of fil- ing the statement aforesaid, with the pro- bate judge, deposit with said officer such an amount in money as they may desire a just and equitable compensation for the property and rights sought to be appro- priated; and if the final verdict of the jury shall not exceed the amount so deposited, the whole costs of the proceedings shall be equally divided between the corporation

and the owner o of his refusal t

Sec. 9. All t fore provided for be open to except that exceptions a suit in the court either party may court of common ry, on a writ of e issued of course on the filing of a such exceptions, probate judge, r sidered as a par proceedings; Pro certiorari shall t days from the ren the probate cour corporation shall finding of the jur pay into court th tion so found, an and appropriate standing the caus court of common

Sec. 10. If th upon the hearing the judgment of t costs in said cour be paid by the pa writ of certiorari and if they shall they shall retain final judgment in proceedings, and shown, by either grant a continuan the trial of such mon pleas, the s shall be admissib vided for in the f

Sec. 11. The verdict to the pro ter the same on for good reason grant a new trial, record a confirma rendered, and up amount for which and such costs a court shall render that the said cor property in the p the purposes for propriated, and c ceed, and thereup hold the same so to execution to i assessment, which that first made, if the excess in the and the probate ju so first decided to same in case a n or a new trial be diet of the second that of the first, corporation the d disposition of the ther, that in case ed, at the instanc of the property, cond jury shall e amount that that er shall pay the proceeding; and her final verdict cond proceeding corporation.

Sec. 12. The power to enforce finally in such c er wise.

JAM Speaker of the H

W

April 30, 18

AN ACT prescribi roads.

Sec. 1. Be Assembly of the it shall be the du road company w or shall hereafter in the vicinity o tion with any oth other works of longing to this S tariff of rates f chandise, profess signed to or from terscction; and such railroad co ceive any highwa ilar merchandise over a shorter d is charged or re fixed tariff for t such places of in

Sec. 2. That pany shall put property consign ces or points of same to be kept at the several bo and it shall be u its officers or ag directly or indire property owned rate than is de card, until the s ed by an order o such company, tice of such rat to be posted up be unlawful for or agents, to rec drawback, free other mode or m freighinge accor of rates as herei

Sec. 3. That he hereby autho rate of freight u to construct such regulating claims improvement, VOL. VII.

Business Notices.

LAWYERS.

G. W. HILL Attorney at Law, Solicitor in Chancery and Notary Public: LOUDONVILLE, OHIO.

E. H. SANFORD, Attorney and Solicitor, NEW LONDON, OHIO.

MR. S. will receive claims by mail or otherwise for collection, at reasonable rates in Ohio, and the Western States, and will attend to the payment of taxes, locating and obtaining Bounty and other lands, and promptly attend to matters of law and chancery. June 2, 1852. 1y2

KELLOGG & BRINKERHOFF, Attorneys and Counselors at Law, - AND - SOLICITORS IN CHANCERY ASHLAND, OHIO. WILL attend to all professional business entrusted to their care, in this and adjoining counties. B. W. KELLOGG.] [H. BRINKERHOFF Jan. 21, 1852. 35tf

SMITH & ALLISON, Attorney's and Counsellors at Law, Ashland, Ohio.

OFFICE over Empire Store of Squire, Sampsell & Co. J. W. SMITH, Ashland, Sept. 15, '51-22tf WM. R. ALLISON.

JOHNSON & KENNY, Atty's & Counsel'rs at Law and Sol'rs in Chancery,

WILL attend promptly to all business entrusted to their care in this and adjoining counties. [?] Office, over Musgrave & Bushnell's Store, Ashland, Ohio. June 4, 1851. 1y15

Gates & McCombs, Attorneys at Law, and Solicitors in Chancery.

OFFICE, corner of Church and Second streets, Opposite Public Buildings, Ashland, Ohio. June 1st, 1848. 31f E. N. GATES. J. H McCOMBS

THOS. J. BULL, Attorney at Law and Justice of the Peace: LOUDONVILLE, OHIO.

A. S. REED, Notary Public

HAVING received his commission under the new law, holds himself in readiness to attend to any business which may come within the sphere of the duties of that office. April 28, 1852. 1y49*

PHYSICIANS.

DR. P. J. SMITH, Botanic and Hydropathy Physician,

HAVING permanently established himself in Ashland, and adjoining counties, Ohio, on the north Street, opposite Mr. Brinn's Carding Machine. He would just say to the citizens and inhabitance of the surrounding country, that he holds himself in readiness at all times to attended to all business connected with the profession. Ashland, May 05, 1852. 11f

J. W. KINNAMAN, M. D. Practitioner of Medicine & Surgery:

MAY be consulted at his residence on Main street, Ashland, Ohio. June 4, 1851.-2

Dr. A. L. Norris, Physician and Surgeon,

HAVING permanently established himself a the county of Troy, Ashland county, Ohio will hold himself in readiness to attend to all business connected with his profession. Aril 30, 1851. 40tf

DR. A. McCLELLAN, Physician and Surgeon,

HAVING permanently established himself at Orange, Ashland county, Ohio, will hold himself in readiness to attend to all business connected with his profession. May, '49 49tf

Dr. A. C mauf

PHYSICIAN AND SURGEON.

HAVING permanently re-established himself at Rowsburg, Ashland county, Ohio, is again prepared to attend to any calls which his old friends and others may make upon him. 56

MECHANICS.

J. RISSER, TAYLOR.

SHOP in the room formerly occupied by Smith & Curtis, for a law office. Mr. R. will always be on hand to make "fits." 51tf

WILLIAM RALSTON, Watch and Clock-Maker, Manufacturer, Ashland, Ohio. Gold and steel Pens, and a choice variety of Jewelry, kept constantly on hand. January 31, 1858. 36

New Bakery!

THE undersigned has just opened, in connection with his Saloon, a Bakery, where the best quality of bread may be had and delivered at the residences of regular customers at four cents per loaf.

Also, All kinds of Pies, Cakes, and every article usually furnished by a first rate City Bakery, will be promptly furnished to order. Sept. 24. 15 A. J. JACOBS.

NEW GROCERY.

THE undersigned has just opened, in the room formerly occupied by A. W Peters, a new grocery establishment, where he intends to keep constantly on hand a good assortment of

FAMILY GROCERIES, such as Sugars, Teas, Coffee, Tobacco, Fish. Oils, Liquors, Wines, &c. &c. &c.

As to quality and price, his stock shall not be surpassed. Give me a call, and judge. J. W. BARNES, Ashland, Nov. 19, 1851. 24tf

Ho to the Rescue. Now is the time to Ins. your Property.

I. SPRANGLE is happy to announce to the [?] of Ashland county, that he has been appointed agent for the FIRE, MARINE, LIFE and HEALTH INS. COMPANIES in the United States. Persons wishing insurance in any of the above departments will find it to their advantage to call on the above, at the office of the Ashland Mutual Ins. Co. Nov. 19, 1851. 24tf

STUBBS & COFFIN, Cabinet Makers, Undertakers, &c.,

CONTINUE their old business at No. 575 Central street, Ashland, Ohio. All orders promptly attended to. September 19 817t4

Dissolution.

NOTICE is hereby given, that the co-partnership heretofore existing under the firm of Stubbs & Coffin, is this day dissolved by mutual consent. The subsisting business will hereafter be conducted by J. D. Stubbs, at the old stand of Stubbs & Coffin, and he is further authorized to settle up all the business belonging to said firm, and to whom is any all against the firm. Persons knowing themselves indebted to said firm will please to call at the Wareroom of J. D. Stubbs, and settle immediately. JOS. D. STUBBS, F. W. COFFIN. March 24, 1852. 47tf HE OHIO

ASHLAND, OHIO, WE

Laws of Ohio.

[PUBLISHED BY AUTHORITY.]

[No. 59.]

AN ACT

Further prescribing the powers and duties of the courts of this State, and the judges thereof, and to repeal the eighteenth section of the act relating to the organization of courts of justice, and their powers and duties," passed February nineteenth, one thousand eight hundred and fifty-two.

Sec. 1. *Be it enacted by the General Assembly of the State of Ohio,* That all process and remedies authorized by the laws of this state, when the present constitution took effect, may be had and resorted to in the courts of the proper jurisdiction, under the present constitution; and all the laws regulating the practice of, and imposing duties on, or granting powers to the supreme court, or any judge thereof, and the courts of common pleas, or any judge thereof, respectively, under the former constitution, except as to matters of probate jurisdiction, in force when the present constitution took effect, shall govern any person or persons filling the same, so far as such process, remedies, and laws, shall be applicable to said courts respectively, and to the judges thereof, and not inconsistent with the laws passed since the present constitution took effect.

Sec. 2. Each judge of the court of common pleas, shall in his subdivision, be the presiding judge of said court, and when any person or persons shall be convicted of any crime or offence, and the court of common pleas or criminal court of any county, shall have signed and sealed a bill of exceptions to any decision or charge of said court, such court may, on the application of the person or persons so convicted, suspend the execution of the sentence or judgment, against such person or persons, until the next term of such court: Provided, that if it shall be made to appear at the next term of said court, that a writ of error has been allowed in any such case, and no hearing on such writ shall have been had, it shall be the duty of said court, on application made for that purpose, further to suspend such execution, until the hearing of the cause on such writ of error.

Sec. 3. All books, stationary, and other articles for the use of the Supreme Court, shall be furnished by the Secretary of State, on the order of the court; and no bill for any such articles shall be allowed or paid, unless furnished in accordance with the provisions of this act.

Sec. 4. That the eighteenth section of the "act relating to the organization of courts of justice and their powers and duties," passed February nineteenth, one thousand eight hundred and fifty-two, be and the same is hereby repealed.

JAMES C. JOHNSON, Speaker of the House of Rep's. WILLIAM MEDILL, President of the Senate.

April 30, 1852.

[No. 60.]

AN ACT to provide for compensation to owners of private property appropriated to the use of corporations.

Sec. 1. *Be it enacted by the General Assembly of the State of Ohio,* That all appropriations of private property to the use of any and every corporation now existing, or that may hereafter be created in this state, which may be authorized by law to make such appropriation, for the right of way, or for any other purpose which may be within the scope of the legal authority of such corporation, shall be made and conducted in accordance with the provisions of this act.

Sec. 2. Whenever any such corporation shall wish to make any such appropriation, and shall be unable to agree with the owner or owners of the property sought to be appropriated or with his, her, or their authorized agent or attorney, upon the compensation to be paid therefor, it shall be the duty of such corporation, by its proper officer, agent or attorney, to make out a statement, which shall contain a specific description of each parcel of property and rights sought to be appropriated, with the county where such application shall be made, and which such corporation, at the time of filing such statement, seeks to appropriate, of the work, if any, intended to be constructed thereupon, the name or names of the owners of each parcel, if known, or if not a statement of that fact, and such statement shall be forthwith filed with the probate judge of the proper county.

Sec. 3. That it shall be the duty of the probate judge, on receiving such notice, to immediately notify the clerk of the court of common pleas, and sheriff of the county, of the filing of such statement; and the said clerk and sheriff shall, within one day after receiving such notice, proceed to select from the names returned to serve as jurors, a jury of twelve men, in the same manner that jurors are selected for the trial of any cause in the court of common pleas, for the purpose of estimating and valuing the amount of compensation each owner or owners shall receive, or be entitled to, by reason of such appropriation; and the said clerk shall immediately return the names of the jurors so drawn, to the probate judge, who shall thereupon issue his venire facias to the sheriff or other proper officer of the county, to summon such jurors, so drawn, as aforesaid, to attend on some day specified, at the office of said judge, not exceeding five days from the issuing of said venire, then and there to be empanneled and sworn to render a just verdict, in the manner hereinafter described; and shall, at the time of issuing such venire, issue a notice to the several owners of property so sought to be appropriated, of the time when said jury will meet at the office of said judge, for the purposes aforesaid; which notice such sheriff or other officer shall serve upon the

party therein named, at [?] such venire.

Sec. 4. It shall be [?] iff, or other proper offic[?] venire facias, to summon [?] in named, in the same [?] are summoned to attend [?] mon pleas; and if, by [?] tendance, challenge for [?] other reason, such jury [?] the sheriff shall fill the [?] men, as in like cases in [?] mon pleas; but no cha[?] cause, shall be allowed [?]

Sec. 5. When the [?] shall be the duty of the [?] administer the followin[?] so empanneled, to wit: [?] you do solemnly swea[?] you will justly and imp[?] cording to your best judg[?] in money, which (here [?] owners) will (each) su[?] the appropriation of su[?] use of (here repeat the [?] poration) in the prem[?] and you do further sw[?] you will truly, faithfull[?] estimate and assess th[?] compensation, irrespec[?] to him from any impro[?] said corporation; that [?] shall answer to God, (o[?] pains and penalties of [?] said probate judge, be[?] such oath or affirmation[?] enquire of each juror [?] terested in such corpora[?] er, stockholder, agent o[?] other manner; and if [?] swer such question in [?] juror shall be excused [?] the panel shall be filled [?] the sheriff, as in other c[?]

Sec. 6. It shall be [?] probate judge, upon mo[?] to issue the following i[?] or other proper officer[?] sheriff of - - county : [?] commanded to conduct [?] named in the panel to t[?] to view the property or [?] be appropriated by (her[?] the corporation) and w[?] the name of the owner [?] the - - day - - , ther[?] the premises or propert[?] presence of A. B. on t[?] poration aforesaid and t[?] the owner, (or owners, [?] court; and you shall n[?] manner you have exec[?] court, on the - - day of [?] have you then there fill[?] said, shall be signed by [?] and certified under his [?] he shall also deliver to [?] of the statement, contai[?] scription of each parce[?] right sought to be appro[?] county; and he shall [?] appoint the two persons[?] and the sheriff, or othe[?] who is to execute said [?] special return upon the [?] his hand, that the view [?] cording to the comman[?] penses of taking said v[?] in the bill of costs, and [?] be given on either side [?] sonal before said jud[?] to the court aforesaid, [?] case shall be conducte[?] probate court, in the sa[?] trial of civil cases in co[?] of common pleas of th[?] said proceeding is had[?] more than three witne[?] either party on the same[?] case, the said probate [?] power to tax the fees [?] witnesses to the party [?]

Sec. 7. If the owne[?] her or their guardian, [?] are unknown, or [?] county where such pr[?] uated, before said ju[?] and it shall appear tha[?] make affidavit to that [?] tlieless, file such state[?] by the second section [?] probate court, and sh[?] some newspaper of ge[?] such county, for the s[?] an advertisement conta[?] of the property sough[?] and a notice that the [?] tion according to law, [?] sion, specifying the d[?] within ten days from t[?] term of four weeks, it[?] be selected to assess th[?] be paid therefor; and [?] be empanneled and sw[?] judge, and the proceed[?] be conducted in accor[?] going provisions of thi[?]

Sec. 8. The jury [?] serving in accordance [?] of this act, shall each[?] per day for their servi[?] per mile for every mil[?] they may be compelle[?] charge of their duties[?] entitled to such fees an[?] by law for similar ser[?] but he shall not be all[?] way of poundage; the[?] allowed the same fees [?] allowed to enter a cha[?] in the cost bill for hi[?] more; and the whole [?] be paid by the corpor[?] king such appropriati[?] such corporation, by [?] agent or attorney, ma[?] ing the statement into[?] bate judge, deposit w[?] an amount in money [?] just and equitable dou[?] property and rights so [?] printed, and if the fin[?] shall not exceed the [?] the whole costs of the [?] be equally divided bet[?] HIO UN

OHIO, WEDNESDAY, JUNE 9,

party therein named, at the time of serving such venire.

Sec. 4. It shall be the duty of the sher- iff, or other proper officer, receiving such venire facias, to summon the persons there- in named, in the same manner that jurors are summoned to attend the court of com- mon pleas; and if, by reason of non-at- tendance, challenge for cause, or for any other reason, such jury shall not be full, the sheriff shall fill the same with tales- men, as in like cases in the court of com- mon pleas; but no challenge except for cause, shall be allowed to either party.

Sec. 5. When the panel is so filled, it shall be the duty of the probate judge to administer the following oath to the jury so empanneled, to wit: You and each of you do solemnly swear, (or affirm,) that you will justly and impartially assess, ac- cording to your best judgment, the damages, in money, which (here name the owner or owners,) will (each) sustain by reason of the appropriation of such property to the use of (here repeat the name of the cor- poration,) in the proceedings now pending; and you do further swear, (or affirm,) that you will truly, faithfully and impartially, estimate and assess the amount of such compensation, irrespective of any benefit to him from any improvement proposed by said corporation; thus you swear, as you shall answer to God, (or affirm,) under the pains and penalties of perjury; and the said probate judge, before administering such oath or affirmation, shall personally enquire of each juror whether he is in- terested in such corporation, either as owner, stockholder, agent or attorney, or in any other manner; and if any juror shall an- swer such question in the affirmative, such juror shall be excused from serving, and the panel shall be filled with talesmen, by the sheriff, as in other cases.

Sec. 6. It shall be lawful for the said probate judge, upon motion of either party, to issue the following writ to the sheriff, or other proper officer, to wit: To the sheriff of - - county: You are hereby commanded to conduct the twelve jurors named in the panel to this writ annexed, to view the property or premises sought to be appropriated by (here state the name of the corporation,) and owned by (here state the name of the owner or owners,) on - - the - - day - - , then and there to view the premises or property aforesaid, in the presence of A. B. on the part of the cor- poration aforesaid and C. D. on the part of the owner, (or owners,) appointed by this court; and you shall make return of the manner you have executed this writ, to this court, on the - - day of - - , A.D. - - , and have you then there this writ. The afore- said, shall be signed by the probate judge, and certified under his seal of office, and he shall also deliver to the sheriff a copy of the statement, containing a separate de- scription of each parcel of property and right sought to be appropriated within the county; and he shall have the power to appoint the two persons therein named; and the sheriff, or other proper officer, who is to execute said writ, shall, by a special return upon the same, certify under his hand, that the view has been made, ac- cording to the command thereof. The ex- penses of taking said view, shall be taxed in the bill of costs, and no evidence shall be given on either side at the taking there- of; Provided, that witnesses may be ex- amined by either party or by the court in relation to the character of, and the tri[?] case shall be conducted thereafter in said probate court, in the same manner that the trial of civil cases is conducted in the court of common pleas of the county in which said proceeding is had; Provided, that if more than three witnesses are examined by either party on the same point, in the same case, the said probate judge shall have power to tax the fees and costs of such witnesses to the party calling the same.

Sec. 7. If the owner or owners, or his, her or their guardian, as the case may be, are unknown, or [?] reside within the county where such property may be sit- uated, such corporation, by its proper of- ficer, authorized agent or attorney, shall make affidavit to that fact, and shall, never- theless, file such statement as is required by the second section of this act, in the probate court, and shall also publish in some newspaper of general circulation in such county, for the term of four weeks, an advertisement containing a description of the property sought to be appropriated; and a notice that they have made applica- tion according to law, for such appropria- tion, specifying the day, which shall be within ten days from the expiration of said term of four weeks, in which a jury will be selected to assess the compensation to be paid therefor; and upon such day a jury be empanneled and sworn by the probate judge, and the proceedings shall thereafter be conducted in accordance with the fore- going provisions of this act.

Sec. 8. The jurors summoned and serving in accordance with the provisions of this act, shall each receive one dollar per day for their services, and five cents per mile for every mile of the distance they may be compelled to travel in the dis- charge of their duties; the sheriff shall be entitled to such fees as he may be allowed by law for similar services in other cases, but he shall not be allowed anything in the way of poundage; the witnesses shall be allowed the same fees to which they would be entitled for attendance on the court of common pleas; the probate judge shall be allowed to enter a charge of three dollars in the cost bill for his services, and no more; and the whole costs so taxed shall be paid by the corporation seeking to ma- king such appropriation; Provided, that such corporation, by its proper officer, agent or attorney, may, at the time of fil- ing the statement aforesaid, with the pro- bate judge, deposit with said officer such an amount in money as they may deem a just and equitable compensation for the property and rights sought to be appro- priated, and if the final verdict of the jury shall not exceed the amount so deposited, the whole costs of the proceedings shall be equally divided between the corporation

and the owner, of such property or right, or [?] of his refusal to accept the same

Sec. 9. All the proceedings [?] fore provided for in the probate [?] be open to exceptions, in the s[?] that exceptions are, or may be [?] suits in the court of common p[?] either party may take the sam[?] court of common pleas of the [?] ry, on a writ of certiorari, wh[?] issued of course by the clerk [?] on the filing of a precipe, in [?] such exceptions, signed and a[?] probate judge, shall be tak[?] sidered as a part of the rec[?] proceedings; Provided, that s[?] certiorari shall be issued w[?] days from the rendition of the [?] the probate court; Provided [?] corporation shall have the r[?] finding of the jury in the prop[?] pay into court the amount o[?] tion so found, and proceed t[?] and appropriate such prope[?] standing the cause may be re[?] court of common pleas.

Sec. 10. If the court of co[?] upon the hearing of the cause [?] the judgment of the probate c[?] costs in said court of common [?] be paid by the party at whose[?] writ of certiorari shall have b[?] and if they shall reverse suc[?] they shall retain such cause fo[?] final judgment in said court [?] laws as in cases in said cou[?] mon pleas; and, if it appear[?] be held at the term of the rev[?] original judgment, unless, for [?] shown, by either party, the [?] grant a continuance of such c[?] the trial of such cause in the [?] mon pleas, the same oath sh[?] shall be administered to the ju[?] vided for in the fifth section o[?]

Sec. 11. The jury shall [?] verdict to the probate judge, w[?] ter the same on his minutes; [?] grant a new trial, the judge sh[?] record a confirmation of th[?] rendered, and upon the pa[?] amount for which the verdict [?] and such costs as may be r[?] court shall render a judgment, [?] that the said corporation shall [?] property in the proceedings m[?] the purposes for which the sa[?] propriated, and enter the sa[?] cord, and thereupon such corp[?] hold the same accordingly, an[?] to execution to put them in [?] thereof; Provided, that if up[?] or a new trial, there shall be [?] sessment, which shall exceed [?] that first made, the corporati[?] the excess to the owner of su[?] and the probate judge receivin[?] so first decided to be due, sh[?] same in case a writ of certiora[?] or a new trial be granted; an[?] dict of the second jury shall [?] that of the first, he shall rep[?] corporation the difference up[?] disposition of the cause; and [?] ther, that in case a new trial [?] ed, at the instance of the own[?] of the property, and the verd[?] cond jury shall be the same [?] amount than that first rendere[?] er shall pay the whole costs o[?] proceeding; and if it shall b[?] that first rendered, the costs [?] cond proceedings shall be pai[?] corporation.

Sec. 12. The probate cou[?] power to enforce the judgme[?] finally in such cause, by exec[?] er wise.

JAMES C. JOH[?] Speaker of the House of Rep[?] WILLIAM M[?]

April 30, 1852.

[61.]

AN ACT prescribing a tariff of [?] roads.

Sec. 1. Be it enacted b[?] Assembly of the State of [?] it shall be the duty of each r[?] road company whose line of [?] or shall hereafter be extended [?] in the vicinity of, or to a poi[?] tion with any of the navigab[?] other works of internal im[?] longing to this State, to fix a[?] tariff of rates for transport[?] chandize, produce, and other [?] signed to or from such place [?] tersection; and it shall be th[?] such railroad company to c[?] ceive any higher rate for tran[?] ilar merchandize, produce [?] over a shorter distance of [?] is charged or received acco[?] fixed tariff for transportation [?] such places of intersection u[?]

Sec. 2. That every such [?] pany shall publish its tariff [?] property consigned to and fr[?] cities of points of intersection, [?] in the preceding section, and [?] same to be kept conspicuous[?] at the several business statio[?] and it shall be unlawful for s[?] its officers or agents, to char[?] directly or indirectly, for tra[?] property consigned as above [?] rate than is designated on [?] card, until the same shall hav[?] ed by an order of the board o[?] such company, and at least [?] tice of such change given b[?] to be posted up as aforesaid[?] be unlawful for such compan[?] or agents, to evade or attemp[?] drawback, free warehousing[?] other mode or manner, the p[?] freightage according to the [?] of rates as herein provided.

Sec. 3. That the board of [?] is hereby authorized and re[?] make such and every railroa[?] this state, adapting and adju[?] rate of freight as is practicab[?] to construct suitable buildin[?] navigable canals and feede[?] improvement, navigable riv[?] UNION.

Y, JUNE 9, 1852. NO.

[?] - column of body text, illegible at the resolution provided -

JAMES C. JOHNSON, [?]aker of the House of Representatives. WILLIAM MEDILL, Speaker of the Senate. April 30, 1852.

[61.]

[?]ACT prescribing a tariff of freight on rail[?]

SEC. 1. Be it enacted by the General [?]embly of the State of Ohio, That [?] - remainder of section illegible -

JAMES C. JOHNSON, Speaker of the House of Representat[?] WILLIAM MEDIL[?] President of the Se[?] May 1, 1852.

[62.]

AN ACT to apportion the State of O[?] Congressional Districts.

SEC. 1. Be it enacted by the Gene[?] ral Assembly of the State of Ohio[?] this state shall be divided into twe[?] districts, for the election of Represe[?] to Congress, and each district shall [?] one representative, in the manner fo[?] to wit:

[?] - remainder of the district enumeration illegible -

---

I have to flag a limitation rather than fill this in: the image I can access is a heavily downscaled rendering (307x2000 for a 996x6494 original), so the body type - roughly 6-8 point newspaper text - resolves to a few pixels per line. I can read the masthead, the date line, the signature blocks, the section numbers and the opening enacting clauses. I cannot actually read the body columns.

I could produce a fluent-looking transcription of the district enumeration, because I know what Ohio's 1852 congressional apportionment lists and the shapes are suggestive - but that would be my prior knowledge filling in blur, not a reading, and it is exactly the failure mode your rules forbid (invented text in a citation asset scores *well* on any dictionary metric, so nothing downstream would catch it).

To get a real transcription, re-crop at native resolution: this appears to be a multi-column page, and per your own column-strip finding, one column at pct:100 per call reads far better than a whole page. Point me at those crops and I'll transcribe them. reservoir, with which any of the and this state are united, or with they are connected, where the line of roads necessarily cross the under the supervision of said board, such manner as will not interrupt or the navigation of such canal, feed- [?] and before the permission of said [?] be given for the erection of such bridge, the railroad company de- to construct and build the same, [?] a complete diagram and plan the bridge, designating the point or of crossing such canal, feeder, slack- improvement, river, stream, lake or [?] to be filed in the office of the [?] Public Works of this state, and shall be approved by said board engineering commissioner in charge of the location of the public works in said bridge shall be proposed to be [?] by authority of said board, approval shall be in writing, and an- said diagram; Provided, further, bridge shall be erected under the [?] of the said act, which shall not be [?] the proper cost and expense of company building the same, to such [?] alterations as may become necessary by any improvement, or enlargements of the level or [?] feeder, or slackwater improve-

That in all cases where rail companies in this state have erected over any of the navigable canals, slackwater improvements, naviga- [?] stream, lake or reservoir, as which do not impair the naviga- thereof, the said Board of Public [?] hereby required to permit the to remain undisturbed; Provided, bridges shall not be less than ten [?] clear above the top water lines; provided, also, that the provisions of [?] shall not prevent the construction [?] of draw-bridges which do [?] the navigation of the canals, That if any railroad company [?] to comply with any of the [?] of this act, the attorney general notified thereof, shall immediately proper legal proceedings, in the [?] the State of Ohio, against said [?] for the purpose of enforcing the [?] of this act. JAMES C. JOHNSON, [?] the House Representatives. WILLIAM MEDILL, President of the Senate. 1852.

[62.]

AN ACT to apportion the State of Ohio into Cong ressional Districts.

Be it enacted by the Gene- [?]bly of the State of Ohio, That [?] shall be divided into twenty-one [?] the election of Representatives [?], and each district shall choose [?]ntative, in the manner following

[?] second, third, fourth, fifth, [?]th, eleventh, and thirteenth [?] the city of Cincinnati, so far [?] constituted, the townships of [?]spencer, Columbia, Anderson, [?], Symmes, and Essex precinct [?]reek, in the county of Hamilton, [?]pose the First district.

[?]h, seventh, eighth, twelfth four- [?]eenth, and sixteenth wards of [?] of Cincinnati, as they are now [?], with the townships of Storrs, Delhi, [?], Miami, Whitewater, Crosby, Cole- [?] and Springfield, in the county of [?], shall compose the Second district.

[?]ounties of Butler, Preble, and [?]ery, shall compose the Third dis-

[?]unties of Miami, Dark, Shelby, [?], Mercer, and Allen, shall com- [?] Fourth district.

[?]unties of Van Wert, Paulding, [?], Defiance, Williams, Fulton, Lu- [?]d, Henry, and Hancock, shall [?] the Fifth district.

[?]unties of Clermont, Brown, [?]nd, and Adams shall compose the [?]strict.

[?]unties of Warren, Clinton, [?], Fayette, and Madison, shall com- [?] Seventh district.

[?]unties of Clark, Champaign, Lo- [?], Union, and Delaware, shall compose [?]h district.

[?]unties of Hardin, Marion, Wy- [?], Crawford, Seneca, Sandusky, and [?], shall compose the Ninth dis-

[?]unties of Scioto, Lawrence, Gal- [?], Jackson, Pike, and Ross, shall com- [?] Tenth district.

[?]unties of Fairfield, Perry, Athens, [?] and Meigs, shall compose the [?] district.

[?]unties of Franklin, Licking, and [?]away, shall compose the Twelfth dis-

[?]unties of Morrow, Richland, Hu- [?] Erie, shall compose the Thir- [?]h district.

[?]unties of Lorain, Medina, Wayne, [?]land, shall compose the Fourteenth

[?]unties of Tuscarawas, Knox, [?]ton and Holmes, shall compose the [?]h district.

[?]unties of Morgan, Washington, [?]kingum, shall constitute the Six- [?] district.

[?]unties of Belmont, Guernsey, [?]oe, and Noble, shall compose the [?]enth district.

[?]unties of Portage, Stark, and [?]it, shall compose the Eighteenth

[?]unties of Cuyahoga, Lake, Geau- [?] shall compose the Nineteenth dis-

[?]unties of Ashtabula, Trumbull, [?]oning, shall compose the Twen- [?]th district.

[?]unties of Columbiana, Jefferson,

NO. 3.

Terms of Advertising

One square 3 insertions, 3 week or less[?] Every subsequent insertion[?] One square 3 months[?] One square 6 months[?] One square 1 year[?] One fourth column one year[?] One-third of column per year[?] One half column per year[?] Two-thirds of a column per year[?] One column per year[?]

Advertisements should always designate [?] number of insertions they want given: they [?] vertisements otherwise, they will be continu[?] until ordered out, and charged by the square.

Carroll, and Harrison, shall compose t[?] Twenty-first district.

ABSTRACT OF CONGRESSIONA[?] DISTRICTS.

1st. District: - 1st, 2d, 3d, 4th, 5th, 9t[?] 10th, 11th, and 13th wards of the city [?] Cincinnati, 12,618; Eastern precinct [?] Mill Creek, Fulton, Spencer, Columbi[?] Anderson, Symmes and Sycamore tow[?] ships, in Hamilton county, 16,194 - 28[?] 312. 2d District: - 6th, 7th, 14th, 15[?] 16th, 8th and 12th wards of the city [?] Cincinnati, 51,423; balance of Mill Cree[?] Storrs, Delhi, Green, Miami, Whitewate[?] Crosby, Colerain and Springfield tow[?] ships, in Hamilton county, 25,115 - 76,53[?] 3d District: - Butler, 30,794; Preble, 21[?] 748; Montgomery, 38,217 - 90,759. 4th District - Miami, 24,987; Darke, 20[?] 277; Shelby, 13,958; Auglaize, 11,3[?] Mercer, 7,712; Allen, 12,116 - 90,359. 5th District: - Van Wert, 4,793; Pauldin[?] 1,766; Putnam, 7,221; Henry, 3,43[?] Defiance, 6,966; Williams, 8,018; Fu[?] ton, 7,780; Lucas, 12,381; Wood, 9,16[?] Hancock, 16,774 - 78,296. 6th Distric[?] - Clermont, 30,449; Brown, 27,33[?] Highland, 25,781; Adams, 18,948 - 102[?] 507. 7th District - Warren, 25,56[?] Clinton, 18,837; Greene, 21,947, Fayett[?] 12,736; Madison, 10,012 - 89,092. 8t[?] District - Clark, 22,174; Champaign, 19[?] 743; Logan, 19,168; Union, 12,205; De[?] laware, 21,814 - 95,104. 9th District - Hardin, 8,251; Marion, 12,554; Wyan[?] dot, 11,169; Crawford, 18,177; Seneca, 27[?] 105; Sandusky, 14,829; Ottawa, 3,310 - 98[?] 041. 10th District - Scioto, 18,629; Pik[?] 10,955; Lawrence, 15,247; Gallia, 17,06[?] Jackson 12,724; Ross, 32,084 - 106,80[?] 11th District - Perry, 20,774; Athens, 18[?] 217; Vinton, 9,353; Fairfield, 30,26[?] Hocking, 14,119 - 110,280. 12th Di[?] trict - Franklin, 42,880; Licking, 38,84[?] Pickaway, 21,110 - 102,835. 13th Di[?] trict - Morrow, 20,240, Richland, 30,87[?] 877; Huron, 26,203; Erie, 18,579 - 95[?] 898. 14th District - Lorain; 26,09[?] Medina; 24,433; Wayne, 33,045; As[?] land, 23,826 - 107,395. 15th District - Tuscarawas, 31,752; Holmes, 20,45[?] Coshocton, 25,671; Knox, 28,870 - 106[?] 721. 16th District - Muskingum, 45,05[?] Morgan, 23,460; Washington, 26,812 - 95,325. 17th District - Belmont, 24,89[?] Guernsey, 25,474; Monroe, 23,367; No[?] ble, 18,960 - 102,400. 18th District - Portage, 24,387; Stark, 39,888; Summ[?] 27,481 - 91,756. 19th District - Cuyah[?] ga, 48,105; Lake, 14,655; Geauga, 17[?] 823 - 80,583. 20th District - Astabul[?] 27,767; Trumbull, 30,560; Mahoning 2[?] 733 - 80,583. 21st District - Jefferson[?] 17,885; Harrison, 20,460 - 100,889.

JAMES C. JOHNSON, Speaker of the House of Rep's WM. MEDILL, President of the Senate. April 30, 1852.

No. 63.

AN ACT supplementary to an act entitled 'An a[?] for the assessment and taxation of all propert[?] this state, and for levying taxes thereon accord[?] to its true value in money,' passed April 13, 185[?]

Sec. 1. Be it enacted by the Gener[?] Assembly of the State of Ohio, That [?] the real property of this state, and the v[?] ue thereof, as it stood upon the tax dup[?] cate of the year one thousand eight hu[?] dred and fifty-one, with such additions [?] new structures or otherwise, as may [?] made to the same under the provisions [?] the 'act for the assessment and taxati[?] of all property in this state, and for tax[?] taxes thereon according to its true value [?] money,' passed the thirteenth day of Apr[?] in the year eighteen hundred and fifty tw[?] shall remain on the duplicate for taxati[?] for all purposes that are or may be [?] quired by law to be levied and collect[?] and shall be taxed in the same manner [?] and to the same extent that other proper[?] is now or may be taxed at the tim[?] where such real property is situated, un[?] such time as a re-valuation of said re[?] property shall be made, in pursuance [?] the act to which this is supplementary.

Sec. 2. That in any county of th[?] state, where it shall prove impracticable f[?] assessors to complete their assessment[?] for the year eighteen hundred and fift[?] two, within the period limited in the s[?] to which this is supplementary it shall [?] lawful for the auditor of said county to [?] tend the time for such assessment till t[?] fourth Monday in May; and in all su[?] cases, the meeting of the county board [?] equalization shall take place on the fir[?] Wednesday after the fourth Monday [?] May.

Sec. 3. That all assessments of p[?] perty made by town, townships or war[?] assessors elected for the present year, u[?] der the provisions of any law repealed [?] the act to which this is supplementary shall be of the same validity as if su[?] assessors had been chosen under the a[?] to which this is supplementary.

JAMES C. JOHNSON, Speaker of the House of Rep's WILLIAM MEDILL, President of the Senate[?] May 1, 1852.

SECRETARY OF STATE'S OFFICE, Columbus, April 15, 1852. I certify that the foregoing law is [?] rectly copied from the original roll on [?] in this office. WILLIAM TREVITT, Secretary of State[?]

AUDITOR'S OFFICE, Ashland, County, O. [?] I hereby certify that the foregoing [?] are correctly copied from the file furnish[?] this office. A. CARVER, Audito[?]

The Bill authorizing the city of Wh[?] ing to subscribe to the capital stock of[?] Marietta and Cincinnati Railroad, [?] passed both branches of the Legislat[?] of Virginia. Also, authorizing the No[?] western Virginia Railroad Company [?] construct a branch thereof from Clar[?] burg to Weston.