The Kalida venture. [volume] (Kalida, Ohio) 1841-1865, 1852-06-11
AN ACT

10 provide tor compensation 10 owners
Of private property appropriated TO the
use Of corporations.
SEQ. l. Be il enacted by the General
Assembly of the State of Ohio, That
all appropriations Of private property
to the use of any and every corporation
now existing, or that may hereafter be
created 10 this State, which may be au.
thorized by law 10 make such appropria.
ten, for the right Of way, or for any Other
purpose which may be within the scope
Of the legal authority ofsuch corporation,
shall be made and conducted in accor.
dance with the provisions Of this act.
Sec. Q. Whenever any such corpora.
ton shall wish 10 make any such appro
priation, and shall be unable 10 agree
with the owner or owners Of the prop
edy sough, 10 be appropriated. or witt
his, her, o. their authorized agent or at
torney, upon the compensation 10 be paid
,herefor, il shall be the duty of such cor
poration, by its proper officer, agent OF
attorney, 10 make out statement, which
shall contain a specific description ol
each parcel Of properly and right sought
to be appropriated, within the county
where such application shall be made
and which such corporation, at the time
Of filling such statement, seeks 10 ap
propriate, Of the work, il any. intended
to be constructed thereupon, the name OF
names of the owners Of each parcel, i
known. or il not, statement Of tha,
fact, and such statement shall be forth.
with fled with The probate Judge Of the
proper county.
Sec. 3. That il shall be the duty oil
the probate Judge, on receiving such no.
,ice. to Immediately notify the clerk ol
the court Of common pleas, and sheriff OF
the county, Of the filling Of such state
men,; and the said clerk and sheriff shall, !,
within one day after receiving such no.
tice, proceed to select from the names
returned 10 serve as jurors, a jury Of
twelve men, in the same manner that
Jurors are selected for the trial Of any
cause in the court of common pleas. for
the purpose Of estimating and valuing the
amount Of compensation each owner or
owners shall receive, or be entitled TO,
by reason Of such appropriation; and the
said clork shall Immediately return the
names Of the jurors so drawn, 10 the pro-
bate Judge, who shall thereupon issce
his venire facias TO the sheriff or other
proper officer of the county, to summon
,uch jurors, so drawn as aforesaid, to at.
end on some day specified, at the office
# said Judge, not exceeding five days
rom the issuing Of sad venire, then and
here TO be empanneled and sworn 10
'ender just verdict, in !he manner
described; and shall, at the
ime Of issuing such venire, issue a no.
ice to the several owners Of property so
fought TO be appropriated, Of the time
when said jury will meet at the office of
aid Judge, for the purposes aforesaid;
which notice such sheriff or other officer
hall serv. upon,he party therein named,
Il the time Of serving such yenire.
Sec. 4. It shall be the duty OF tie
sheriff, or other proper officer, receiving
such venire facias, to summon the per-
ons iherein named, in the same manner
hat Jurors are summoned TO attend the
:ourt Of common pleas; and if, by rea.
on Of non-attendance, challenge for
;ause, or for any other reason, such shall
lot be full, the sheriff shall fill the same
With taiesmen, as in like cases the court
f common pleas, but no challenge ex-
ept for cause, shall be allowed 10 either
,arty.
Sec. S. When the panel is SO filled,
I shall be the duty of the probate judge
0 administer the following oath 10 the
ury so empanneled to wit: You and
ZACH Of you do solemnly swear, Tor
ffirm,l that you will justly and impart,-
lily assess, according to your best judg-
nent, the damages, in money, which
here name the owner or owners,1 will
eachl sustain by reason Of the appropri-
I,ion Of such property TO The use Of
here repeat the nama Of the corpora
ion.1 in the proceedings now pendiog;
ind you do further swear, Tor affirm
has you will truly, faithfully and impar.
tally, estimate and assess the amount Of
Iuch compensation, irrespective Of any
benefit to him from any improvement pro-
,osed by said corporation; this you
wear, as you shall answer to God, Tor
lffirm,1 under the pains and penalties Of
,eIury; aud the said probate Judge, be-
ore administering such oath or affirma-
ion, shall personally enquire Of each
uror whether he is interested in such
either as owner, stockhol-
der, agent or attorney. Or in any other
and il any juror shall answer
such question in the affirmative, such
Juror shal! be excused from serving, anu
the panel shall be filed with salesman.
by the sheriff, as in other cases.
Sec. 6. kshall be lawful for the said
probate judge, upon motion Of either
party. 10 issue the following writ to the