The Portsmouth inquirer. [volume] (Portsmouth, O. [Ohio]) 1849-1855, 1852-05-14

m.W
NAV be authorized BY law to make such ap-
propflation, 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 oi the property sought TO be appro,,
priAted, or with his, her, or their authorized
agent OF attorney, upon the compensation 10
be maid therefor. it shall be the duty OF such
corporation, BY It's proper officer, agent OF al,
torney. 10 make out a statement, which shall
contain 4 specific description Of each parcel
olnronerty and rights sought TO be appro-
n,;ated within the county where such appli-
rat;au shall be made, and which such eorpo-
rat;on. AZ The time of filing such statement,
seeLs ,o appropriate, Of the work, if any in
tended 10 be constructed thereupon, the name
or names Of the owners of each parcel, if
known, or if not, q statement Of that TACT, 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 tie said
clerk and sheriff shall, within one day after
receiving such notice, proceed 10 select from
the names returned 10 serve as Jurors; jury
of twelve men, in the same manner that Ju-
rors are selected for the trial OF any cause III
the court of common pleas, for the purpose
ofcstimating and valuing the amount OF COM
pensation each owner or owners shall receive,
OF be entitled to, by reason oi such approprl-
alton; and the said clerk shall Immediately
return the names of the jurors SO drawn, to
the probate Judge, who shall thereupon issue
his yenire lacias to the sheriff or other prop
er officer of the county, to summon such ju-
n rors, 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
yenire, then and there to be empaneled
and sworn to render just verdict, in the
manner hereinafter described /; and shall, al
the time of issuing such venire, issue no
tice to the several owners OF property sc
g., sought to be appropriated, Of the time wher
said jury will meet at the office oil said Judge
for t6e purposes aforesaid; which notice sucl
sheriff or other officer shall serve upon tht
party therein named, at the time OF serving
such venire.
Sec. a.. 1t 81 all be the duty of the sher
in. or other proper officer, receiving such ven
ire facias, to summon the persons therein
named. in the same manner that jurors ar
summoned 10. attend the cour! OF common
pleas; and if, by reason OF non-attendance
challenge for cause, or for any other reason
such jury shall not be full, the sheriff shal
fill the same with taesmen, as in like case
in the court OF common pleas; but no chal
-enge except for cause, shall be allowed 4
either party.
Sec. s. When the panel is so filled,
shall be the duty Of the probate judge to ad
minister the following oath to the jury S
,mpauneled, 10 wit You and each of yo
do solemnly swear, Tor affirm that you WI
Justly and impartiaily assess, according
your best Judgment, the damages, in none!
which there name the owner or owners, wi
(each) sustain by reason OF the appropnatio
of such property TO the use Of there repei
the name of The corporation) in the proceed
ings now pending and you do further swea
Tor affirm, )that you will truly, faithful
and ilnparlially, estimate and assess the
mount OF such compensation, irrespective
any benefit 10 him from any improvemel
proposed by said corporation; this you swea
as vou shall answer TO God. (or atfirm,) III
der the pains and penalties OF perjury, an
the said probate judge, before adminlsterlr
such oath or affirmation, shall personality el
uuire OF each juror whether he is lnterestt
in such corporation, either as owner, stoc
holder, agent or attorney, or in any 9th
manner; and il any juror shall answer sue
question in the affirmative, such juror sLa
be excused from serving, and the panel sla
be filled with tdlesmen, BY the sheriff, as
other cases.
Sec. 6. 1t shall be lawful for The said pr
balc Judge, upon motion of either party,
issue The following writ to the sheriff, or o.!
er proper officer, 10 wit: To the sheriff
county: You are hereby commanded
conduct the twelve jurors named in the pa
cl to this writ annexed, 10 view the proper
,or premises sought TO be appropriated
''fhere state the name Of The corporation,) 81
owned by there state the name of the own
or owners,) on--the--day of---, TIN
and there 10 view the premises or proper
aforesaid, in The presence OF A. y: on the pa
Of the corporation aforesaid and Z. u: on !
part Of the owner, Tor owners,) appointed
This court land you shall make return OF Z
manner you have executed this writ, TO Ii
court, on the---day Of -, A. d. ---
and have you then there this writ. The atoi
said, shall be sigued BY The probate Judge, al
certified under his seal Of Office, and he sht
also deliver TO the sheriff copy oi the stat
mcnt, containing separate description
each parcel Of rope.ty and rights sought
be appropriated within the county; and
shall have the power TO appoint the two pc
SONS therein named |; and the sheriff, OF 9th
prener officer, who is to execute said wr
fhall. bv special return upon the same, Ger
fyundesr li;s hand, that the view has be
made. according 10 the command thereof.
The expenses Of taking said view, shall
taxed in The bill Of costs. and no eviden
,.hallbe given on either side at the TAXI
thereof; Provided, that witnesses may pe
amined before said jury, after their return
the court aforesaid, and i5e trial in each g
Shall be conducted thereafter in said prop
court, in the same manner that the trial
civil cases is conducted in the court OF co
mon pleas Of the county in which said P
ceedingis had; Provided, that if more II
three witnesses are examined by either pa
- ha a,,o the 6,