Portage sentinel. [volume] (Ravenna, Ohio) 1845-1854, 1852-05-31

pers IN or persons shall be convicted IT any
crime or offence, and the court OF common
pleas or ctimmai court OF any county, shall
have signed and sealed bsli Of exceptions to
any decision or charge Of said court. such
eourt may, ,en the APPLICATION of the person or
persons SO convicted, suspend the execution
of the sentence or jud. cement, against such
person or persons, until the next term #
snch court; Provided, that if it shall be
made to appear at The next term of said court,
that wit of error has been allowed IN any
such case, and no hearing on such writ shall
hive been had, it shall be The the duty OF
said court, on application made for that pur-
rose, further to suspend such execution. until
the hearing of the cause on such, writ OF error
Sec. 3. Nj books, stationary, and other
arficies forth nee Of the Supreme Court
shalt be furnished by the Secretary of State,
on The order OF the coust; and no bill for any
such articles shall be allowed orpaid, unless
furnished in accordance with the provisions
ef this act.
Sec. I. That the eighteenth section Of the
-Aact relating to the organization of courts of
ias,ice and their powers and duties" passed
February nineieenth, one thousand eight
llundrad and 6fty-iwe. be and the sameis
hereby repealed.
JAMES C. JOHNSON,
Speaker of the House Of Reps.
WILLIAM MEDILL,
President of the Senate.
April 80. 1852.
mo. SO AN ACT
To provide for compensation to owners Of
private property appropriated to the use of
eorporatipns.
SEC. l. Be IL enacted ty Tie General .ss-
,eanbty Of the STATE # Ohio, Tint all appropri-
ations ii private properly to the use Of any
and every corporation now existing, or that
may hereafter be created in this state, which
uIay be authorized ty law TO make such ar-
! prulniation, Tor the right of way, or for any
slher purpose wi ich may be within the scope
cfihe legal authority of such corporation,
Ehaii be made and Conducted 10 accordance
with tns pruyi ions If this act
Sec. 2. Wheneverany such corporation
shall w:sh to make any such appropriation.
and flIali be unable to agree with the owner
or owns-s of the property sought to be APP
prepriatsd, or with his, her, or their author
ized agent or attorney, upon the eompensa-
tien to bs paiI therefor, it shall be the duty of
such corporation, by IFS proper officer, agent
rf att.rnay, TO make out statement, which
afaii coatan specific description OF each
parcel of property and rights sought TO be ap-
propriated, within The county where such
Application shall be made. and which such
corporation, at the time Of fling such state-
inent. seeks 10 appropriate, ofthe work, if
any, Intended 10 be Q Instructed thereupon
tho name or tames OF tile owners Of each
parcel, if known. or if not, statement #
that fact, and snch statement shall be forth
with tied w.thths probate judge ofthe prop
: or county.
Sec. s. That it shall be the duty Of the
probate judge. on receiving such notice, to
i;nmedHlely notify the cle,k OF the court Of
eemmons pleas, and sheriff of the county, Of
the fling of such statement; and the said
clerk and sheriff shall, within one day af er
receiving such notice. proceed to select fom
the names returned TO serve as jurors a jury
sf 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
# estimatng and valu,ng the amount Of clm-
pensaiiou each owner or owners shall re-
eeive, or be entitled to by reason Of such ap-
preparation; and the said clerk shall immedi-
etely return the names of The jurors 80 drawn,
10 the probate Judge, who shall ,hereupon
issue his yenire facias to lilo sheriff or other
proper officer of tho county, to summon
such jurors, Sd drawn as Aforesaid, to attend
on some day specified, at the office of
said judge, not exceeding fiys days from
flle issuing Of said yenire, then aud
there to be empanneid and sworn to render a
just verdict, in the manner herein ifier de-
scsibsd; and shall, at the time OF issuing such
3 ven:rs, issue notice TO the several owners
Of property 80 sought to be apropriated,o of the
time when said jury will meet as the office of
suid judge, for the pu poses aforesaid; which
notice such sheriff .r other officer shall serve
upon the party therein named at the time of
serving such yenire.
Sec. Il shall be the duty of the sheriff,
or other proper officer, receiving such venire
facias, TO summon the persons therein named,
in tho same manner that jurors Rre sum-
moned to attend the court Of common pleas;
md it, by reason of fnon-atteadance challenge
f,r cause. or for any other reason. such jury
shal not be foil, the sheriff shall fill the same
with talesmen. as in like cases in The court
OF common pleas; bnt no challenge except
for cnuse, shall be allowed TO either party.
Sec. S. When the panel is so filled, it
shall be the duty of the probate judge
20 empanneled, to wit; You and each ot
you do solsnanly swear. Tor affirm,lth you
will justly and impartialy assess. according
"
which (here name the owner or owners will
leach) sustain by reason ofihe appropriation
of such property to the use of there repeat
the name of The corporntion.) 10 The proceed.
ings now pending; and you further swear, er
affirm, that you will lltrnly. faithfully and I'm.
partially, estimate and assess the amount 0l
such compensation, Irrespective of any bene.
srfo him from any improvement proposed by
said corporation; this you swear, as you shal
answer TO God, for sffirm.1 under the pain'
and penalties of perjury; and the said probate
Judge, before administering such oath OIL
asiiirmation. shall personally enquire ofcacl
juror whether he is interested 10 such cor,
portion, eitheras owner, stakeholder, agen
oy attorney, or in any other manner; and i
any juror.sh answer such question 10 ths
affirmative, such juror shall be excused from
feasisgand he Paus shall be ftaei with tafss