The Ohio union. [volume] (Ashland, Ohio) 1849-1854, 1852-06-09
party therein named, at The lime Of serving

lH, UT OllleT pTuptI OlnCtT' Receiving suCn
venire iacias, to summon the persons there
in named, in the same manner that Jurors
are summoned to attend the court of COM
mon pleas; and if by reason of non.at-
tendance, challenge for cause, or for any
other reason, such jury shall not be full,
The sheriff shall 6ll the same with tales
men, as in like cases in the court of com
mon pleas but no challenge except for
cause, shall be allowed to either party.
Sec. 5. 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 witt You aud each of
you do snlemnly swear, (or affirm that
you will justly and imparIlally assess. ac
cording 10 your best judgment, the damages,
in money, which there name The owner or
owuers.) will leach) sustain by reason of
the appropriation Of such property to the
use of (hcre repeat the name of the cor.
poralion.) in the proceedings now perding;
and you do further swear, Tor alirm,) thai
you will truly, faithfully and imparially,
estimate and assess the amount Of such
compensation, irrespective Of any benefit
TO him from any improvement proposed by
said corporatiow this you swear, as you
shall answer 10 God, Tor alfirm,) under the
pains and penalties Of perjury; and The
said probate judge, before administering
such oath or affirmation, shall personally
enquire of each juror whether he is in
ttresled in such corporation. either as own
er, stakeholder, agent or attorney, or in any
other manner; and if any juror shall an
swer 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 cases.
Sec. 6. Ii shall be lawful for the said
probate judge, upon motion of either party,
to issue the following writ to the sheriff,
or other proper officer, to wit: TO the
sheriff Of county: You are hereby
commanded 10 conduct The twelve jurors
named in the panel to this writ annexed,
to view the property or premises sought To
be appropriated by lhere state the name Of
the corporatIon,) and owned by (here state
the name of the owner or owners OH
the - day -, then aud there 10 view
the premises or property aforesaid, in the
presence Of A. B. on the part of the cor
poralion aforesaid and c. D, on The part Of
the owner, Tor OWNERS appointed by this
court; and yon shall make return of the
manner you have executed this writ, 10 this
court, on the - day Of, AID. -, and
have you then there this writ. The afore-
said, shall be signed by the probate judge,
and certified under his seal of Office, and
he shall also deliver To the sheriff copy
of the statement, containing a separate de-
scription 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 the sheriff, OF other proper officer,
who is TO execute said writ, shall, by q
special return upon the same, certify under
his hand, iha, the view has been made, &C.
corling to the command ihereol The ey.
penses of taking said view, shall be taxed
in the bill Of cUsls, and no evidence shall
he given on either side at the taking there.
Of; Provided, that witnesses may be ex'
aminrd before sad jury, after their reIuro
to the court aforesaid, and The trial in each
ease shall be conducted thereafter in SAID
probate court, in the same manner iha, the
trial of civil cases is conducted in the cnur
of common pleas Of the county in whic!
sad proceeding is had; Provided, that il
more than three witnt ssrs are examined by
either party un the same point, in the same
case, the said probate judge shall have
power TO tax the fees aud COSTS of sLcl
witnesses to the party calling the same.
Sec. Z. II the owner or owners, or his
her or their guardian, as the case may be
are unknown, ort -, reside within the
county where such property may be siu
aled. such corporation, by It's proper of
hrer, authorized agent or attorney, shal
make affidavit iO that fact, and shall, never
llpless, file such statement as is required
BY the second section of this ACT, In tn
probate court, and shall also publish il
snmo nowsnoncr or general circuL,lion !,
sucL cnun,y for the lerm Of rour week,
an advertisement, containing description
If Tho nrnner,v snnoh, IN he apnronria,ed
and a nn,ire ,6a, ,hey have made applica
ior according 10 law. for such appropri,
rion sn,cil, ing the day, which shall h
within len DAYS Crom The eypiration of sai
term Of ruur weeks, in which a iury wiI
be selected to assess the compcnsaiion Il
he paid therefor; and upon such day iur,
he ,mranneled and sworn BY the probat
indoe and ,Le proceedings shall lherea(ip