Meigs County telegraph. [volume] (Pomeroy [Ohio]) 1848-1859, 1852-06-03

tionsto be paid therefor, it shall be the duty
of such corporation, by its proper officer
doe1is 81 hilorney make oui 4 slafeInen
5 = {. 'se.' 2. .I.'ss, p''ss s s
Ne sppfopsnIels ,Rlihia lIIe c6pp|Y where
such application shall be piades ana which a
such corporation. at the time esof fling such
statement, seeks to appropriate, OF the work,
If any, to be CONSTRUCTED thereupon, The
name or names Of the owners Of each par
Gel, if known, or if not, q statement Of that
fact, and such statement shall be forthwith
filed with the probate judge OF the proper
county.
SEC. 8: That il shall be the duty of the
probate Judge, on receiving such notice. to
Immediately notify the clerk of the court Of
common pleas, and sheriff Of the county, of
the filing of such statement; and the said
clerk and sheriff shall, within ono day after
receiving such notice, proceed TO select from
the names returned to serve as jurors, a jury
Of twelve men, in the same manner as Ju.
rors are selected 70. the trial Of any cause
in the court Of common pleas, for the pur-
pose 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 clerk shall i'm.
mediately return tho names of The jurors so
drawn, TO the probate Judge, who shall there
upon issue his venire facias 10 the sheriff or
other proper officer of the county, TO sum-
mon 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 venire, then and there
TO be empaneed and sworn TO render just
verdict, in the manner hereinafter described;
and shall, at the time of issuing such ve-
nire, issue notice TO the several owners of
properly so sought TO be appropriated, OF the
lime when said jury will meet at the office
of said judge for the purposes aforesaid;
which notice such sheriff or other officer
shall serve upon the party therein named at,
the time Of serving such venire.
SEC. 4. 1t shall be the duty Of the She
riff, or other proper officer, receiving such
venire facias, to summon the persons there
in named, in the same manner that jurors
are summoned to attend the court Of cum.
mon pleas; and if by reason of non-a,tend,
ance, challenge for cause, or for any other
reason, such jury shall not be full, the She
riff shall fill the same with talesmen, as in
like cases in the court Of common pleas;
but no challenge, except for cause, shall be
allowed TO either party.
Sec. S. When the panel is so filled, il
shall be the duty of the probate judge TO ad
minister the following oath to the jury SC
em2aneed, to-wit: You and each of you
do solemnly swear, (or afirm) that you will
Justly and impartially assess, according &c
your best Judgment, the damages, in money
which (here name the owner or owners,
will (each) sustain by reason OF the appro'
prialion Of such property to the use of (here
repeat the name oil the corporation in the
proceedings now pending; and you do fur
lher swear, Tor affirm,) that you will truly
faithfully and imparialIy estimate and as
sess the amount Of such compensation, ire
spec,ive Of any benefit to him from any i'm
provement proposed by said corporation
this you swear, as you shall answer TO God
Tor affirm under the pains and penalties o
perjury; and the said probate Judge, before
administering such oath or affirmation, shaI
personally enquire of each juror whelhe
he is interested in such corporation, eithe
as owner, stockhoder, agent or attorney, o.
in any other manner; and if any juror shal
answer such question in the affirmative
such Juror shall be excused from serving
and the panel shall be filled with lalesmen
by the sheriff, as in other cases.
Sec. 6. II shall be lawful for the salt
probate judge, upon motion of either party
TO issue the following writs TO the sheriff, o
other proper officer, to-wil: To the sheriff o
- county: You are hereby commanded
10 conduct the Twelve jurors named in TIL
panel in this writ annexed, TO view The pro
perty or premises sought TO be appropriate,
by (here state the name of the corporation,
and owned by (here state the name Of tn
owner or owners) on the - day of -
then and there TO view the premises or pro
perry aforesaid, in the presence Of A. B. o
the part OF the corporation aforesaid, an
c. d. on the part of the owner, Tor owners
appointed by this court; and you shall max
return of the manner you have execute
this writ, to this court, on the - day =
A. D. -, and have you then there ,hi
writ. The aforesaid shall be signed by III
probate Judge, and certified under his seal c
office, and he shall also deliver 10 The she
riff copy OF the statement, containing
separate description of each parcel Of pre-
perry and rights sought to be appropriate
within the county; and he shall have III
r power 10 appoint The two persons ,herei
named; and the sheriff, or other proper off
, Ger, who is TO execute said writ, shall, by
special return upon The same, certify unde
, his hand, that The view has been made az
cording TO the command thereof. The e1
penses of taking said view, shall be taxed
the bill OF costs, and no evidence shall !
given on either side a, the taking thereo