The Democratic sentinel and Harrison County farmer. [volume] (Cadiz, Ohio) 1851-1852, 1852-05-12

cause on such writ Of error.
SEC. 3. All books, stationery, and 9TH
er articles for the use of the Supreme
Court, shall be furnished by the Secreta-
ry OF State, on the order of the court:
and no bill for any such articles shall be
allowed or paid, unless furnished in ac-
cordance with the provisions of this act.
Sec. 4. That the eighteenth section OF
the 'act relating to the organization OF {
courts Of justice and their powers and du-
ties" passed February nineteenth, one
thousand eight hundred and fifty two, be
and the same is hereby repealed.
JAMES C. JOHNSON.
Speaker Of the House ofRepreSentatiyes. of
.... WILLIAM MEDILL.
President of the Senate.
April 80, 1859 ...-.
mo. col
AN ACT
To provide for compensation to owners of
private property app opriated to the use
Of corporations. ...-.-
SEC. |. Be it enacted by the General
Assembly of the State of Ohio, That all
appropriations of private property to tle
use of any and every corporation now,ex-
isting, or that may hereafter be created in
this state, which may be authorized by
law to make such appropriation, for the
right of way, or for any other purpose
which may be within the scope Of the e-
gal authority of such corporation, shall be
made and conducted in accordance with
the provisions Of this act.
SEC. 9. Whenever any such CORPORA
ton shall wish to make any such appro-
priation, and shall be unable to agree with
the owner or owners Of the property
sought to be appropriated, or with his,
her, or their authorized agent or attorney,
upon the compensation TO- be paid there
for, 1t shall be the duty of such corpora
ton, by its proper officer, agent or attor-
! ney, to make out a statement, which shall
contain specific description Of. each par
eel of property and rights sought to bs
appropriated, within the county where
such application shall be made, and which
such corporation, at the time of filing such
statement, seeks to appropriate, Of the
work, if any, intended 10 be constructed
! thereupon, the name or names of the
owners Of each parcel, if known, or if not,
statement Of that fact, ard such state
ment shall be forthwith fled with The pro.
bate judge of the proper county, $50
SEC. 3. That it shall be the duty Of
the probate judge. on receiving such no.
tice, TO Immediately notify the clerk of
the court Of common pleas, and sheriff OF
the county, Of the fling Of such state,
menL; and the said clerk and sheriff shall,
within one day after receiving such notice.
proceed TO select from the names returned
! to serve as jurors, "A jury Of twelve men.
In the same manner that jurors are select
ed for the trial Of any cause in the court
of common pleas, for the purpose Of es.i-
mating and valuing the amount of com :
pensation each owner or owners shall re :
ceive, or be entitled to, by reason Of such
appropriation; ana the said clerk shall i'm
mediately return the names of the iur3ra
so drawn, to the probate Judge, who shall
thereupon issue his venire facias to the
sheriff or other proper officer of the coln-
ty, to summon such jurors, 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 renire
then and there to be cmpaneled and sworn
to render just verdict, in the manner
hereinafter described; and shall, at the
time of issuing such venire, issue notice
to the several owners Of property SO
sought to be appropriated, Of the time
when said jury will meet at the Office. of
said Judge, for the purposes aforesaid: ::
which notice such sheriff or other officer
shall serve 1pon the party therein named
at the time Of serving such yenire
SEC. 4. 1t shall be ths duty of III.
sheriff. or other proper officer. receiving
such venlre facias, 10 summon the persons
therein named, in the same manner that
jurors are summoned to attend the court
of common pleas; and if, BY reason OF non
attendance, challenge for cause, or for a
ny other reason, such jury shall not be
full. the sheriff Shall I'll the same with
talesmen, as in like cases in the court OF
common pleas; but no challenge ,execu,
for cause, shall be allowed to either par
ty.
Sec 5. When tic panel is 50 filed, it
shall be the duty of the probate Judge to
administer the following oa,h, to The jury
so empaneled, to wit: You and each Il
you, co solemnly swear, (or affirm, that
you will justly and Impartially assess, ac-
" corling TO your best judgment, the DANA
geS, in money, which (here name the own
or or owners, } will Teach sustain b. rea-
son of the appropriation OF such property
to the use Of (here repeat the name ci
the corporation, in the proceedings nov
pending; and vou do further swear, fur
affirm, that you will truly. faithfully an /
'impartially, estimate AMI assess tl.
amount Of such compensation, irrespcct
i've of any benefit to him from any i'm
provement proposed by said corporation
this you swear as YOU shall apsweY u
God, (or affirm, under tie pains and +.
nalties Of perjury; and the said preba!s
Judge, before administering such oath o,
affirmation, shall personally enquire ..
each juror whether he is Interested in sucl,
corporation, either as. owner, stuckholder,
agent or attorney, or in any other manner;
and { any juror shall answer such que,
" lion IN the affirmative, such juror shall b.
excused from serving and the panel shSi
be allsd With talesu,cn, BY the sheriff, a,
N in other cases. ~ VA
SIC, 8. Itshall BE- lawful for the probate
Judge. upon motion Of either pa ty, 10 l..
sue the following writ TO the sheriff. "
' other proper officer, to wit, rofEc sIiefif
Of - couuty: lotf are lfcrehv. 4 ~,