Carroll free press. [volume] (Carrollton [Ohio]) 1834-1861, 1852-07-16


which such corporation. al the tme OF fling
such sialsmeBi, seeks 20 appropriate, OF The
work. il any, inirLded 10 be constructed lhere.
upon. the name or names OF the owners Of each
parcel, u knOEn, or Il not. a ssalemeDi Of thar
fact. and such statement shall be forthwith fled
with the probate Judge Of The proper county.
SEC. ;. Thai II shall be Tho duty Ofihe pro-
bate Judge; on receiving such notice, 70 imme.
dia'ely notify the clerk Of The court OF common
pleas, and lhe sheriff Of the COMFY, Of the fling
Of such statement; and The said CLERK and sher.
if shall, within ore day afiet ieeeitink such
notice, proceed 10 select iron the names re.
Iur9ed 10 serve as Iurors, jury Of IWelye men;
ia the same manner that IlroIs are selected Tor
the Irial Of any cOuse 10 Ibe eouu Of common
pleas, Tor the purpose OF esIimaiiLg and Valuing
'hs amount Of compensation each owner or
2wners shall receive, or be entitled to, BY res.
soH ol such appropriation; and the said clerk
shall lmnie5laiely reIurn The names Of the 10.
rors 80 drawa. 10 The probate Judge, who shall
Ihereupou issue his Yenire lacias to The sheriff
or other proper officer Of The county, 10 sum.
mon such jurors, SO drawn ss aforesaid, to at.
lend on some day specified, al The Office Of said
Judge, not exceeding five days from Ihe issuing
OF said yeBre, then aud there to be empanele5
aud sworn 10 render Just verdict, in the man.
ner hereinafter described; and shall, Of the lime
Of issuing such venire, issue a notice 10 the
sever owners Of properly so sought TO be ap-
propraled, Of the Ilme when said jury will meet
OI the Office of said Judge, for the purpose ufofe.
said; which notce such sheriff or other officer
shall serve upon the party therein named, at
the tine Of serving such yenjre,
Sec. 4. Ii shall be the duIy Of the sheriff.
or other proper officer, receiving such vsnre
lacas. 10 summon the persons therein named,
10 the same manner that jurors are summoned
10 attend the court Of common pleas; and If bv
reason Of non-aneudance, challenge for cause,
or tor any other reason, such jury shall not be
foil. the sheriff shall Gil the same with tales
men, hs in like cases 10 The court Of common
pleas; but no challenge, except for cause, shalt
be allowed 10 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.wit: You and each oil you. do solempIy
swear, Tor afirm) that you will Justly and i'm.
partially assess, according 10 your best Judge.
ment, the damages, IN money, which here
uame The owner or owners,) will teach) suslain
by reason Of the appropriation Of such property
10 the use Of (here repeat the name Of the cor.
pOralion.) in the proceedings CON pending; and
you do l1rlher swear, Tor aflirm,) shat ycu will
lruly, faithfully sGd lmparialy estimate and
assess the amount Of such compensation, iEres-
pectye Of any benefit to him from any improve.
ment proposed by said corporation; this you
e"1a'' a. Hnn shall answer to God. (or affirbl
tt,Io ba nail II nT psrtp a
The said probate Judge. before administering
such oath or affirmation, shall personally en-
quire Of each juror whether he iS interested in
such corporation, either as owner, slockhoder
agent or attorney, or in any other manner; and
II any Juror shall answer such question in The
affirmative, such juror shall be excused from
serving aud The panel shall be filled with tales.
men, by the sheriff as in other cases.
Sec 6. 1t shall be lawful for The said pro.
bate Judge, upon motion OF either party, to issue
The following writ 10 the sheriff, or other proper
officer, io-wiE To The sheriff of-couniy:
You are hereby commanded 10 conduct the
Twelve jurors Damed in the panel 10 This wri,
annexed, 10 view the properly or premises
sought 10 be appropriated by here state tho
name OF the curporalon.) end owned by there
state name of ,he owner or owners,) on-the
day Of, then and ihere 10 view The premi.
s"s or properly Aforesaid, in The presence Of A.
B on The part Of The corporation aforesaid, and
Z. ID. on The pau OF the owner, Tor owners,
appointed by This cOnr; and YOU shall make re.
lurn ol the manner you have executed this writ,
10 this court, on the-dsy-, A. ID. -, and
have YOU then there this writ. The aforesaid
shall be signed by The probate judge, and ceri-
fed under his seal Of flee, aud he shall also
deliver to the sheriff copy Of the statement,
coD,niniug separate description Of each parcel
of properly aud rights sought TO be appropria.
ted within the county; aud he shall have ths
power to appoint The two persons therein named;
and the sheriff, er other proper officer, who is
TO execute said writ, shall, by special return
upon The same, certify under his hand, thai the
view has been made according 10 The command
thereof. The expenses OF taking said view,
shall be taxed in The bill Of costs, and no. evi.
dence shall be gwen on either side al the taking
thereof; Provided, that Witnesses may be exam.
ined before said jury, alIer their return 10 The
cOut aforesaid, and the trial in each case shall
Ge conducted thereafter in said probate court, in
the same manner that The trial Uf civil cases ia
conducted in The court Of common pleas Of the
county in which said proceeding is had Pro-
vided, that if more Then three witnesses are ex.
amiued by either party on The same point. in
The same case, the said probate judge shall have
power TO tax The fees and costs Of such witness.
es 10 The parry calling the same.
Sec. Z. II the owner or owners, or his, her
or their guardian, as The case may be, are un.
known, or do mot reside within the county where
such properly may be situated, such corporation,
by It's proper officer, authorized agenI or auor.
ney, shall make affidavit 10 the fact, and shall.
nevertheless, file such statement as is required
by the second section of This ACT, in the probate
court, and shall also publish in some newspaper
Of genera! circulation in such county, for The
term Of four weeks, an advertisement contain.
ing description Of the properly sought to be
appropriated and notice that they have made
/ .,,rrntihn according 10 law for such appTopTi.