The spirit of democracy. [volume] (Woodsfield, Ohio) 1844-1994, 1852-05-26

per officer, agent or attorney, to make out
. statement, which shall contain q specific
description Of each parcel Of property and
rights sought 10 be appropriated, within the
county where such application shall be
made. and which such corporation, at the
time of filing such statement, seeks to APP
propriate, of the work. if any, intended 10
be constructed thereupon, the name or
names OF the owners of each parcel, il
known. or il not, a statement of that fact.
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
ofcommon pleas, and sheriff orthe county,
Of the filing of such statement; and the
said clark and sheriff shall, within one
day ai,sr receiving such notice. proceed to
select from the names returned to serve as
Jurors. a jury Of twelve men, in the same
mannrr that Jurors are selected for the
trial of any cause in the court Of common
pleas, tor the purpose Of estimating and
valuing the amount of compensation each
owner or owners shall receive, or be enti-
tied to. by reason OF such appropriation;
and the said clerk shall Immediately re-
turn the names of the jurors so drawn. to
the probate Judge. who shall thereupon is.
sue his venire tacias TO the sheriff or other
proper officer Of the county, to summon
such Jurors. so drawn az aforesaid. to at.
tend on ZONE day specified. at the office
of said Judge. not exceeding FIVE days from
the issuing OF said venire. then and there
to be empaneled and sworn to render a
Just verdict. in the manner hereinafter de-
scribed; and shall. at the time of issuing
such %venire. issue a notice 10 the several
owners Of property so sought to be appro.
priated, of the time when said jury will
meet at the Office orsaid Judge. for the pur-
poses aforesaid; which notice such sheriff
or other officer shall serve upon the party
therein named, at the time of serving such
venire.
Sec. 4. i, shall be the duty Of the sheriff,
or other proper officer, receiving such ve-
nire facias. to summon the persons therein
named. in the same manner that Jurors are
summoned to attend the court OF common
pleas; and if, by reason ofnon-attendance,
challenge for cause, or for any other rsa-
son. such jury shall not be full, the sheriff
shall fill the same with talesmen, as in like
cases in the court of common pleas; but
no challenge except for cause, shall be al
lowed to either party.
SEC. s. When the PANEL is so filled, it
shall be the duty of the probate judge to
administer the following oath to the jury
so %empanneled. to wit: You and each of
you. do sol-mnly swear, Tor affirm that
you will justly and impartially assess, &C.
cording to your best Judgment, the dam.
ages, in money, which (here name the
owner or owners,) will (each) sustain by
reason Of the appropriation of such prop.
erty to the use Of here repeat the name OF
the corporation. in the proceedings now
pending; and do further swear, for affirm
that you will truly. faithfully and impair
tally. estimate and assess the amount OF
such compensation. irrespective OF any
benefit to him from any improvement pro-
posed by said corporation; this you swear,
as you shall answer TO God, Tor affirm
under the pains and penalties of perjury;
and the said probate Judge, before admin.
istering such oath or Affirmation. shall per-
sonally enquire of each juror whether he
is interested in such corporation, either as
owner. stockholder, agent or attorney, or in
any other manner; and il any juror shall
answer such question in the affirmative,
such juror shall be excused from serving,
and the panel shall be filled with talesmen.
by the sheriff. as in other GASES.
SEC. 6. 1t shall be lawful for said probate
Judge. upon motion of either party. to is
sue the following writ 10 the sheriff. or 9th.
er proper officer. TO wit: To the sheriff Of
- county: You are hereby command
ed to conduct the twelve jurors named in
the panel to this writ annexed, to view the
property or premises sought TO be appro.
priated by (here state the name Of the cor.
poration.) and owned by (here state the
name OF the owner or owners on - the
- day Of. then and there to view the
premises or property aforesaid. in the
presence of A. B. on the part Of the corpo-
ration aforesaid, and G. D. on the part of
the owner. Tor owners.) appointed by this
court; and you shall make return of the
manner you have executed this writ, to this
court, on the - day Of, A. ID. -,
and have you then there this writ. The
aforesaid. shall be signed by the probate
Judge. and certified under his seal ofofice,
and he shall also deliver to the sheriff a
copy of the statement. containing a sepG-
rate description Of each parcel of property
and right, sought to be appropriated within
the county; and he shall have the power
to appoint the two persons therein named;
and tho sheriff, or other proper officer, who
is to execute said writ, shall, by a special
return upon the same, certify under his
hand. that the view has been made. &C.
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