Gallipolis journal. [volume] (Gallipolis, Ohio) 1837-1919, 1852-05-27
AN ACT
April 30. 1852,

AN ACT
To provide for compensation 10 owners oI Pri
vate property appropriated TO the use Of cor
porations.
SIC. /. BE il erlacted 6y the General .4ssenl-
bIy of The STATE of Ohio, That all appropria-
tions of private property TO the use OF
any and every corporation now existing,
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
NAV be within the scope of the legal au.
thority of such corporation, shall be
made and conducted in accordance with
the provisions of this act.
Sec, 2, 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 prop
erty sought to be appropriated, or with
his. her. or their authorized agent or at
tornev, upon the compensation to be
Maid therefor, it shall be the duty OF
such corporation, by its proper oincer'
AGENT or attorney, to make out state
ment. which shall contain a specific de-
scription of each parcel of property and
rights sought to be appropriated, within
the county where such application shall
he made. and which such corporation, at
the time of filing such statement, seeks
to appropriate, of the work. it any, m
tended TO be constructed thereupon, the
name or names of the owners OF each
marcel. if known, or if not, statement
( Of that fact and such statement snail be
forthwith filed with the probate Judge oil
the proper county
Sec. 3. That it shall be the duty of
the probate Judge, on receiving such no
flee, TO Immediately notify the clerk OF
the court of common pleas, and sherln
of the county, Of the filing of such state
ment: and the said clerk and sheriff
shall. within one day after receiving
such notice, proceed to select from the
names returned 20 serve as jurors, a
iurv of twelve men, in the same manner
that Jurors are selected for the trial oil
any cause in the court ofcommon Pieas'
for the purpose of estimating ana Vaiu-
ing the amount of compensation each
owner or owners shall receive, or be
entitled TO. by reason of such appropria-
F ton; and the said clerk shall Immediate
IIv return the names of the jurors so
drawn, TO the probate judge, who shall
thereupon issue his venire facias 10 the
sheriff or other proper officer oil the
county, 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 yenire, then and there to be EN-
paneled and sworn TO render Just YER
dict. in the manner hereinafter de-
scribed; and shall, at the time OF issuing
such venire, issue a notice to the seVe'
| raj owners of property so sought to be
appropriated. of the time when said jury
will meet at the office of saic judge, iol
the purposes aforesaid; which notice
such sheriff or other officer shall serve
upon the party therein named, at tht
: time of serving such venire.
t Sec. 4. II shall be the duty OF th'
e sheriff, or other proper officer, receiving
such venire facias, to summon the per
: sons therein named, in the same man
# ner thai Jurors are summoned to atten'
the court of common pleas; and ii, b,
reason of non-attendance, challenge 10
cause, or for any other reason, such Ju
nv shall not be full, the sheriff shall n
the same with talesmen, as in like case
in the court of common pleas; but n
challenge except for cause, shall be a
lowed to either party.
of Sec. 5. When the panel is so filleC
ef 81 it shall be the duty ofthe probate Judg
of to administer the following oath TO tn
u Jury so empaneled, TO wit: You an
u each, of you do solemnly swear, Tor a
firm, that you will justly and impartial
n, assess, according to your best JudI
Il 10 ment, the damages in money, whic
~ there name the owner or owners,) wi
o. (each) sustain by reason OF the aPprC
u priation of such property TO the use
&c there repeat the name of the corPori
ID d tion.) in the proceedings now pending
e. and you do further swear, Tor atflrm
n. that YOU will truly, faithfully and imPa
in tiaIIy. estimate and assess the amount
80 such compensation, irrespective oil an
is benefit TO him from any improvemel
ss- proposed by said corporation; this yc
m, swear, as you shall answer to God, (
o1 al affirm under the pains and penalties
In perjury; and the said probate Judge, b
on fore administering such oath or affirm
ton, shall personally enquire OF ea'
:" Oa Juror whether he is interested in SUI
or corporation, either as owner, stockhol
Of er. agent or attorney, or in any 9th
nj, manner; and if any juror shall snsw
no such question in the affirmative, SUI
n. ~ Juror shall be excused from serving, al
ed, the panel shall be filed with talesme
dg- by the sheriff, as in other cases.
the Sec, 6. 1t shall be lawful for the sa
of probate Judge, upon motion of either pa
red ty. to issue the following writ to I
nit sheriff, or other proper officer, to W
aid To the sheriff Of county: You a
,se, ss: hereby commanded to conduct
~ twelve Jurors named in the panel to Il
ar writ annexed, TO view the property
ball premises sought TO be appropriated
the there state the name of the corporation
he'd % and owned by there state the name
It. the owner or owners,) on - the
the dav of - then and there TO view
5 s o. premises or property aforesaid. in
un- @ presence of A. B, on the part fthe C