Fremont weekly freeman. [volume] (Fremont, Sandusky County, Ohio) 1850-1853, 1852-05-15

To provide for compensation to owners Of
private property appropriated to the use of
corporations. @
Sec. l. Be a emarted By the Gsaeral As
ssna6ly of the State of Ohio, That all appTo-
priations 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
appropriations for the right of way, or for any
other purpose which may be within the scope
Of the legal authority ofsuch corporation, shall
be made and conductediu 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 ap-
propri2ted, or with his, her, or their author
lied sgent or attorney, upon the compensa-
ton to be paid therefor, it shall be the duty
Of such corporation, by its proper officer, agent
or attorney, to make out statement, which
shall contain specie description of each par.
eel of property and rights sought TO be APP
propriated, within the county where such ap-
plication shall be made. and which such cor
poration, at the time of filing such statement.
seeks to appropriate, of the work, if any, in
tended 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 fled with
the probate Judge Of the proper county,
Sec. 3. That it shall be the duty of the
probate Judge, on receiving sneh notice, to
Immediately notify the clerk of the court Of
common pleas, and sheriff of she county, oil
the filing of such statement; and the said clerk
and sheriff shall, within one day after receiy-
ing such notice, proceed to select from the
names returned to serve as Jurors, jury oi
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 o.
estimating and valuing the amount Of com
pensation each owner or owners shall receive
or be entitled to. by reason of such appropria
ton; and the sHd clerk shall Immediately re-
turn the names Of the jurors so drawn, to The
probate Judge, who shall thersupoR issue his
venire facias to the sheriff or other proper
officer of the county, to summon such Jurors
SO drawn~ss aforesaid, to attend on some day
specified, at the Office of said Judge, not ex
F ceeding five DAYS from the issuing of said
venire, then and there to be empanled ant
sworn to render a just verdict. in the mannel
hereinafter described; and SHALL at the tim,
of issuing such yenire, issue notice to tht
several owners of property SO sought TO be
r appropriated, of the time when said jury vii
meet at the Office OF said judge. for the pur
poses aforesaid; which notice such sheriff o
other officer shah serve upon The party there
in named, at the time of serving such venirt
Sec. 4. Ii shall be the duty Of the sheria
or other proper officer, receiving such venir'
facias, to summon the persons therein named
[ in the same manner that jurors are summone
to attend the court of common pleas; and
by reoson Of non-attendance, challenge 70
cause, or for any other reason, such jury sha
not be full, the sheriff shall fill the same wit
talrsmen, ,as in like cns rs in the court of com
f mon pleas; but no challenge, except for cause
shall be allowed to either party.
Sec 5. When the panel is SO filed, it sha
be the duty of the probate judge to admins
ter the following oath to the jury SO empan
neled, wit: You and each of you,
soemnly swear, TOR affirm) that you will JUS
ly and impartially assess, according to you
best Judgement the damsges,in money, vile
there name the owner or owners,) will {eacl
sustain by reason Of the appropriation Of sue
u property to the use of there repeat the nam
= OF tne coFporadonJ III the proceedings no
n pending; and you DO further swear, Tor affirm
II that you will truly, faithfully and impartial
: estimate and assess the amount of such con
: pensation. irrespective of any benefit to BIZ
from any improvement proposed by said co
!. poration; this you swear, as you shall answt
S to God, (or afirm,) under the pains and pei
S alties of perjury; and the said probate jude
t, before administering such oath or affirmation
e shall personally enquire of each juror wheth
/ er he is interested in such corporation, eithe
If as owner. stock k-holder agent or attorney,
o in any other manner; and if any juror sha
e answer such question in the affirmative, sue
f, uror shall be excused from serving, and h
panel shall be filed with talesmen. by th