Dayton daily empire. [volume] (Dayton [Ohio]) 1850-1865, 1859-05-13

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thereof the board or proper member thereof shall
oauso The same 10 be pnd 10 him OF her, or bis or
her guardian and shall take the receipt Of such
owner or guardian therefor, aud upon such payment
eli the title OF reh, Of sueh owner 10 or 70 The prop
erty nea, or easement appropriated, shall vest u
the ststei provided, however, that, in case Of
julnt ownership or tenancy In common, whcn some
Of the owners or lcnauls elect and others do pot
elect to take the compensation Offered Aforesaid
payment to those oeoting to take may, IA the dis.
erection Of tho board or tho proper member hereof
bo withheld until the proceedings those 20 refusing
or falling bo terminated, aud V, upon the termina-
ion OF such proceedings, the board, or proper mem
Der thereof shall be Of the opinion that the aiDoun
amounts assested together with those payable 10
joint owner or tenant eectng 10 take the offer Of tho
state a. Aforesaid, would be too great 10 Justify tho
intended appropriation, II thal DO lawful Tor the
board or such member to pay the costs Of tad pro.
eeedings and refuse TO make the appropriations IN
which event said costs shall be paid aud nothing
more. Aud provided, further, that " huy owner,
his or her guardian, elsctng TO take the compensa.
tun Offered by the state aforesaid thall TAIL 10
make that election until after proceedings Tor an
assessment shall bo commenced hs hereinafter pro
vided, he or she thnll, before receiving such com
peusaton u required by the board or proper mem.
Der thereof pay the costs Of such proceedings or u
the proceedings DO against oiheras we'll rs himsef
OF herself his OF boz proper proportion Of said costs
he te may elect 70 let the State pay the
and deduct It from said compensation.
! Sec, ., lr any owner owners, notified az pro-
vided In The next preceding section shall not, With
In the time specified for that purpose Ia the ooih,
cate mentioned 10 said secon signify 10 the board
OF some member thereof his her, their acceptance
OF tho oompentation offered by said eelthoais to
him, her OF them, Il shall be lawful for the board
or any member thereof al any timo after the oxprA.
iiou Of tho time named IN said coIiiioste for such
owner owners TO accept tho offer Of the board 20
o one Of said certificates with prouf Of the service
or publication thereof In tho pIopae oour, Of The
] nf IN ho ann
ptatod is situate, OF, Il the proPery be tract OF
real estate, Vituato partly In aud partly In
other county or counties, then IN the probate court
Of othor Of said eonntcsj and theteupon, Il shall be
tho duty Of tho probate Judge forthwith 10 notify tho
clerk OF the court Of common pleas aud sheriff Of
tho county Of the filing Of such certificate; and tic
said clerk and sheriff shall, within ono day after fo-
eoivng such notice, proceed 20 draw out Of the boz
containing the names Of porsoni returned 10 sorve
jurors 10 the court OF common pleas, Jury Of twelve
IN the Same mannof that iurles oro drawn for the
trial Of causos In the couit Of common pleas, Tor
tho purpose Of estimating or assessing the damages
such owner or owners shall receive by reason OF
such appropriations aud the said clerk shall immod
ntely return the names Of jurors, drawn, TO tho
probate Judge, who shall ihoTeupon issue bis vonro
to tho sheriff. or In OF his being party tho
proceedings, 10 the coroner Of the connty, 10 aum.
mon the Jurors drawn as aforesaid, 10 attend on
some day specified, at tho ofhoo Of sud judge then
and there TO DO empanneled and sworn TO render
| iust venliei, In tho manner prescribed by law And
the probate iunge shall, at tho time Of issung such
NenNe, laaud nnUCO 10 thc several owners OF tho
| property described in such cefiReato, OF tho time
whom such Jury will meet at tho oica Of eald Judge
fol the purpose aIoreslidj which notice such shonh
or coroner shall serve upon The party pares thera>
In nHned, at tho time OF serving such venrei provi,
ded that iC such owner owners are nOn.FesdonIs
OF this staioJ or are unknown, thon publication Of
tho objects and purposes Of the proceeding shall be
made In some newspaper, Published In tho county,
| ior thirty days Bokt preceding the timo named in
such venite, which notice shall contain a pertinent
description ol tho property soug, TO be appropriated
and tho namO or names Of the OwhoF OF owners, if
the same bo known, and the time and place of the
proceedings The probate judge shall have power TO s~
all nubpDnas and oil other process and to
administer ell necessary oaths IN tho execution of
| this aotl
Sec D ishall bo tho duty Of the sheriff or cor,
oneT on receiving such senfio, to summon the per>
thotOin named In tho mpnner AZ Jurors are
summoned to attend the court OF common nloas; aud
juues may be challenged and vacancies In tho jufcs
tllod as IN olkor cases The Jury shall bo sworn To
well and ualy assess The Compensation 70 which the
owner may be entitled by reason Of tho promises,
without deduction for benefits 10 nny Of his her
property For good cause shown, or by consent OF
the parties, they may be sent 10 such custody tho
court shall direct, to Vow the property, the court
appointing the person persons whose duty Il shall
bo to show il TO lhemi but all testimony shall be
given In open court The state shall DO entitled TO
open and close, in giving testimony, and In the ar
gument The verdict shall bo 10 writing, signed by
tho Jurors, OF their ioromanj but the court with the
assent Of the jurors, may pot u Ia proper form,
new hal shall not be granted, except for misconduct
Of tho jury, or for an erroneous ruling by the court
Exceptions may be taken as 10 other cases, 10 any
ruling Of tho court in matter Of law and petition 10
error may DO prosecuted 10 the district or supreme
court IL iod within thirty days after the rendition
Of tho verdict, but not eherwisei Such petition
ehall not bo filed without IN allowance by tho dis-
trct court or BY tho supreme court Judge there.
OF. And the proceedings shall not he reversed for
any error Of form, OF other error, not affecting the
substantial justice Of tho case. Upon reversal .
the procoedings pforedendo may, IN proper coSs
be awarded, and new trial had, ifthefeby cJmm0ng
cd. Tho probate judge shall record tho proceedindf
In that court, including the certificate of inontones
appropriate, nnd tho proof Of It's service publca-
ton filed In his Office as aforesaid
Sec, 8. Alter such appropriation is made, It shall
be the duty of tho probate judge Immediately to
make up the cost bill Oi snel proceedings. Whsu
the board or proper member thereof, shall without
any unneeessfy delay pay the same, aud shall also
pay the adlndged compensation by draSing his war
rant upon the auditor 10 the manner prescribed by
law, 10 favor Il the proper party. and II the party
eptiiled to such compensation aha not call Tor the
same, the audlor shall peyenheless issue the proper
warrant nPsn as treasury inhs behalf for the same,
and shall retain such warrant until called for; and
| the money shall bo taken aud held TO be deposited
ia the treasury for the and benefit Of the party
entitled 10 the tame, from date Of snph warrant, pro,
vidCd, that no interest shall be paid upon the com
pensAIiou or costs as aforesaid; Provided, that the
board or proper member thereof, may, at their Op.
ton, pay the c. .sts and refuse 10 make the appro.
priation i In theg OF hs Judgement the oompensa-
lion assessed Is TOO great to justify tho spproPrO-
tion.
Sec, 7, Proof of the service or publication Of the
certificntel Aforesaid, when required by this act
may be made by the affidavit Of any person having
personal knowledge Of the fOet
Sec D. II the property appropriated ln case Of
pubic eKgcncy, as herein before provided. or TO be
appropriated In other aforesaid shall belong
10 tbs herS, or deyisees Of q decedent, aud the
names end places Of residence Of such heirs or de.
viIees, or Of any or either Of them, shall be un,
known to tho board or the proper men Der thereof
such persons whose names aBd places OF residence
shall be thus unknown, may be described in all and
gingular tho papers asd pfsevedings aforesaid, as
the unknown heir, or heirs deyisee or deyisess
the case may be, of the decedent naming such dec.
cdent II bis or her hane ba known 10 the board Or
said member thereof. But II the name Of such dee.
edsnt be unknown TO the board or the proper mem-
ber thereof, or the names aud places Of residence
Of the owners, or any Of them whether holding by
descent, devise or pnrchass) be in like IN.
known, such owner, or Ownep, whose nOmoa and
places Of residence shall be thus unknown. may be
described in, all aud Singular the papers and pro.
oeedngs aforesaid, by the general description oi
| knoWn owner, or nnknewn owners. Aud such gen.
eral description shall also be- sufficient when the
idsnOs u the owner, o. owners, s without tais
stats.
See. g. Married women whose property shall be
appropriated undof this act shall be capable Of do.
ng All things which il may be lawful or necessary
| for an OWasT 10 do n the pruInites, AZ fully a1 II
they were unmarried aud Of full age, Aud gnuTdani