The Democratic sentinel and Harrison County farmer. [volume] (Cadiz, Ohio) 1851-1852, 1852-03-17

tLNA NAtAANs ARAA1l ANNNANlNANoeg ~ VII
necessary damage.
SIC. II. In all cases when property
shall be taken as provided in the prece-
ding section of this act, and when the
board, or the acting member thereof, and
the owner of such property, cannot agree
upon the price to be paid for the same, the
board of public works, or any member
thereof, shall deliver to the owner of such
property, or to his guardian if sueh owner
be a minor, idiot or insane person, a de-
scriptioi of the property intended to be
appropriated, or which, in case of public
exigency, has been previously appropria-
ted, stating in such notice the time when
the value ofsuch property will be assessed,
and file a copy thereof with the clerk of
the court of common pleas of the county
wherein such property, or any part thare-
of, shall be situated; and shall deposit
with the treasurer of state, such sum of
money as the member having charge of
such division shall deem such property
worth, taking duplicate certificate thereof,
n of which shall be deposited with the
clerk of said court, and the other retained
by said member, which sum so deposited,
shall be kept by said treasurer until the
determination of said suit. II, however,
the owner of such property shall, at any
time previous to the trial ofsaid case, sig
nifty his willingness to accept the amount
S 10 deposited, in satisfaction of such DANA
ges, said member shall pay TO such owner
said amount of money, and the fee simple
of such property shall thereafter be vested
in the State of Ohio. If the owner, or
his or her guardian, be unknown, or re-
side without the State of Ohio, the board
ofpublic works shall publish in some news
paper of general circulation in said county,
for the term of thirty days, a notice, the
same as that filed with said clerk, and sta.
ting the intention of said board, 10 appro-
pirate said property, or that such
property has been appropriated, as the
case may be. Upon filing such descrip-
ton, and delivering such copy, or making
such publication, the said clerk, on the ap-
plication of said board, or any member
thereof, shall, with the sheriff of said
county, proceed to select a jury CT five
persons, in the same manner that petit ju~
rors are now selected in the court Of com
mon pleas, and shall Immediately issue
his venire, directed to the sheriff of his
county, to the Jurors so selected, comman-
ding them, on the day to be specified in
the notice aforesaid, to appear, and on
personal view to examine and determine
The value ofsuch property, so seized or in
tended to be seized as aforesaid.
SEC. 12. Before entering upon the du-
ties of their appointment, the said jurors
shall, severally, take an oath or atfirma-
ton, before some person qualified to ad-
minister oaths, faithfully and impartially
to perform the duties required of them by
this act; and it shall be The duty Of said
jurors, or a majority Of them, to make II
just and equitable estimate and appraisal
of tht loss Of damages; and the said jurors
or a majority of them, shall make regular
entries of their determination and apprais-
al, with an assessment and sufficient de-
scription of the property appropriated for
the purposes aforesaid, in a book OF bookS,
to be provided and kept by the, board of
public works for that purpose, and certify
and sign their names TO such entries and
appraisals. The said jurors shall examine
under oath, any Witnesses who may be
offered by the parties in the case, and
may have power to examine, under oath,
any witnesses they may deem necessary
to a full understanding of their duties;
and either party may appeal from the de-
cision of such jury to the court OF common
pleas Of the proper county, on giving no.
tice to the opposite party, and filing with
said clerk a bond, with sufficient security,
to be approved by said clerk, conditioned
for the payment of costs in the u of
common pleas; said bond and notice to be
filed within twenty days after said jury
shall have rendered and recorded their
verdict; and trial shall be had in said
court Of common please at the first term af-
lei filing said bond with the clerk, if the
same shall be fled thirty days before the
sitting of the said court, unless, for good
cause shown by either party, said cause
shall be continued. If the said applicant
for damages, appeal and recover no more
in the common pleas than before said jury,
he shall pay all costs accruing in said
court; and if he recover before the jury
first summoned, no larger amount than
that rendered or deposited by said board,
as required by this act, he shall likewise
pay all costs.
Sec. 10. The said board of public works
shall pay all damages finally assessed for
property taken as aforesaid; and the fee
simple of the premises so appropriated
shall be vested in the State of Ohio; but
if, in the opinion of the said board, the
damages assessed on property not previ-
ously appropriated, shall be too high to
justify its appropriation for the benefit Of
the State, they shall have the right to pay
the costs which have accrued, and refuse
to appropriate the same; and the said board
of public works, or the acting member
thereof on whose division such damages
are awarded, is hereby authorizedto make
drafts on the Treasurer of State, for all
moneys necessary to enable said board to
make such deposits, and pay such DANA
ges, as are provided for by this act, to be
paid out of any money in the treasury ap-
propriated for canal purposes. The said
draft or drafts shall be accompanied with
a full statement of the matter for which
said money is wanted, and a copy of such
statement shall be kept by such member
of the board of public works, in a book to
be by him kept for that purpose.
Sec. IA. The witnesses, clerk and sher.
if, for the services required Of them by
this act, shall receive such fees as they are
paid for like services in similar cases; and