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Exceptions and appeal.
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 make such appropriation; Provided, that such corporation, by its proper officer, agent or attorney, may, at the time of filing the statement aforesaid, with the probate 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 appropriated, 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, in case of his refusal to accept the same.
Sec. 9. All the proceedings herein before provided for in the probate court, shall be open to exceptions, in the same manner that exceptions are or may 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 county, on a writ of certiorari, which shall be issued of course by the clerk thereof, upon the filing of a precipe, in which case such exceptions, signed and sealed by the probate judge, shall be taken and considered as a part of the record of such proceedings; Provided, that such writ of certiorari shall be issued within fifteen days from the rendition of the judgment in the probate court; Provided, that such corporation shall have the right, on the finding of the jury in the probate court, to pay into court the amount of compensation so found, and proceed to enter upon and appropriate such property, notwithstanding the cause may be removed to the court of common
pleas. Rule as to costs, Sec. 10. If the court of common pleas, upon the hearing judgment, &c." 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 certiorari shall have been issued; 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 had at the term of the reversal of such original judgment, unless, for good cause shown, by either party, the court shall grant a continuance of such cause; and on the trial of such cause in the court of common pleas, the same oath or affirmation shall be administered to the jury, as is provided for in the fifth section
of this act. judge Sec. 11. The jury shall render their verdict to the probate
judge, who shall enter the same on his minutes; and unless judgment, &c for good reason shown, the court shall grant a 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
and reversal of
court shall render a judgment, to the effect, that the said corporation shall hold the property in the proceedings mentioned for the purposes for which the same was appropriated, and enter the same upon record, and thereupon such corporation shall hold the same accordingly, and be entitled to execution to put them in possession thereof; Provided, that if, upon cer- Proviso, as tiorari, or a new trial, there shall be a second assesment, which ment, new trial, shall exceed in amount that first made, the corporation shall &c. 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 certiorari shall issue, or a new trial be granted; and if the verdict of the second jury shall be less than that of the first, he shall repay to such corporation the difference upon the final disposition of the cause; and vided, further, that in case a new trial shall be granted, at the instance of the owner or owners of the property, and the verdict of the second jury shall be the same as or less in amount than that first rendered, such owner shall pay the whole costs of the second proceeding; and if it shall be more than that first rendered, the costs of such second proceedings shall be paid by the corporation.
Sec. 12. The probate court shall have power to enforce Judgment enfor. the judgment rendered finally in such cause, by execution, or tion, $c. otherwise.
JAMES C. JOHNSON,
President of the Senale. April 30, 1852.
Prescribing a Tariff of Freight on Railroads. Sec. 1. Be it enacted by the General Assembly of the State Railroads in the of Ohio, That it shall be the duty of each and every railroad vicinity of ca. company whose line of road extends or shall hereafter be ex- tablish a tariff
of rates, &c. tended to any place in the vicinity of, or to a point of intersection with any of the navigable canals or other works of internal improvement belonging to this State, to fix and establish a
tariff of rates for the transportation of merchandize, produce, and other property consigned to or from such place or point of intersection; and it shall be unlawful for such railroad compary to charge or receive any higher rate for transporting similar merchandize, produce or property, over a shorter distance of its road, than is charged or received according to such fixed tariff for transportation to and from such places of intersection as aforesaid.
Sec. 2. That every such railroad company shall publish its not to be Svadod tariff of rates on property consigned to and from such places until altered, or points of intersection, as provided in the preceding section,
and cause the same to be kept conspicuously posted up at the several business stations on its road; and it shall be unlawful for such company, its officers or agents, to charge or receive, directly or indirectly, for transporting any property consigned as aforesaid, any less rate than is designated on such printed card, until the same shall have been changed by an order of the board of directors of such company, and at least ten days notice of such change given by bill or card, to be posted up as aforesaid; and it shall be unlawful for such company, its officers or agents, to evade or attempt to evade by drawback, free warehousing, or in any other mode or manner, the payment of full freightage, according to the printed tariff of rates, as herein provided.
Sec. 3.' That the Board of Public Works is hereby authorpermit railroad ized and required to permit each and every railroad company bridges over ca. in this State, adopting and adhering to such rate of freight as is c
prescribed by this act, to construct suitable bridges across any navigable canals and feeders, slackwater improvement, navigable rivers, streams, lake or reservoir, with which any of the canals of this State are united, or with which they are connected, where the line of such road or roads necessarily cross the same, under the supervision of said board, and in such manner as will not interrupt or impede the navigation of such canal,
feeder, slackwater improvement, navigable river, stream, lake, Conditions and or reservoir; Provided, however, that before the permission of
said board shall be given for the erection of such bridge or bridges, the railroad company desiring to construct and build the same, shall cause a complete diagram and plan of such bridge, designating the point or place of crossing such canal, feeder, slackwater improvement, river, stream, lake or reservoir, to be filed in the office of the Board of Public Works of this State, and the same shall be approved by said board, or by the acting commissioner in charge of the division of the public works in which said bridge shall be proposed to be built, acting by authority of said board, which approval shall be in writing, and endorsed on said diagram; Provided, further, that no bridge shall be erected under the authority of this act, which shall not be subject, at the proper cost and expense of the company building the same, to such changes and alterations as
Board of Public
may become hereafter necessary by any improvement, alterations or enlargements of the level of such canal, feeder, or slackwater improvement.
Sec. 4. That in all cases where railroad companies in this Existing bridges State have erected bridges over any of the navigable canals, ed to remain, feeders, slackwater improvements, navigable rivers, stream, lake or reservoir, as aforesaid, which do not impair the naviga. tion thereof, the said Board of Public Works is hereby required to permit the same to remain undisturbed; Provided, that said Conditions. bridges shall not be less than ten feet in the clear above the top water line; and provided also, that the provisions of this act shall not prevent the construction or continuing of drawbridges which do not interrupt the navigation of the canals.
Sec. 5. That if any railroad company shall refuse to com- Refractory rail. ply with any of the provisions of this act, the attorney general, ished. on being notified thereof, shall immediately institute proper legal proceedings, in the name of the State of Ohio, against said company, for the purpose of enforcing the provisions of this act.
JAMES C. JOHNSON,
President of the Senate.
To apportion the State of Ohio into Congressional Districts.
Sec. 1. Be it enacted by the General Assembly of the Slate of state to be di Ohio, That this State shall be divided into twenty-one dis- ty.ono districte. tricts, for the election of Representatives to Congress, and each district shall choose one representative, in the manner following, to wit:
The first, second, third, fourth, fifth, ninth, tenth, eleventh, First district. and thirteenth wards of the city of Cincinnati, as they are now constituted, the townships of Fulton, Spencer, Columbia, Anderson, Sycamore, Symmes, and the Eastern precinct of Mill Creek, in the county of Hamilton, shall compose the First district.
The sixth, seventh, eighth, twelfth, fourteenth, fifteenth, and sixteenth wards of the city of Cincinnati, as they are now constituted, the townships of Storrs, Delhi, Green, Miami, Whitewater, Crosby, Colerain, Springfield, and the balance of Mill Creek, in the county of Hamilton, shall compose the Second District.
The counties of Butler, Preble, and Montgomery, shall compose the Third District.
The counties of Miami, Dark, Shelby, Auglaize, Mercer and Allen, shall compose the Fourth district.
The counties of Van Wert, Paulding, Putnam, Defiance, Williams, Fulton, Lucas, Wood, Henry, and Hancock, shall compose the Fifth district.
The counties of Clermont, Brown, Highland and Adams, shall compose the Sixth district.
The counties of Warren, Clinton, Greene, Fayette, and Madison, shall compose the Seventh district.
The counties of Clark, Champaign, Logan, Union, and Delaware, shall compose the Eighth district.
The counties of Hardin, Marion, Wyandot, Crawford, Seneca, Sandusky, and Ottawa, shall compose the Ninth district.
The counties of Scioto, Lawrence, Gallia, Jackson, Pike, and Ross, shall compose the Tenth District.
The counties of Fairfield, Hocking, Perry, Athens, Vinton, and Meigs, shall compose the Eleventh district.
The counties of Franklin, Licking, and Pickaway, shall compose the Twelfth district.
The counties of Morrow, Richland, Huron, and Erie, shall compose the Thirteenth district.
The counties of Lorain, Medina, Wayne, and Ashland, shall compose the Fourteenth district.
The counties of Tuscarawas, Knox, Coshocton and Holmes, shall compose the Fifteenth district.
The counties of Morgan, Washington, and Muskingum, shall compose the Sixteenth district.
The counties of Belmont, Guernsey, Monroe, and Noble, shall compose the Seventeenth district.
The counties of Portage, Stark, and Summit, shall compose the Eighteenth district.
The counties of Cuyahoga, Lake, and Geauga, shall compose the Nineteenth district.
The counties of Ashtabula, Trumbull, and Mahoning, shall compose the Twentieth district.
The counties of Columbiana, Jefferson, Carroll, and Harrison, shall compose the Twenty first district.