The spirit of democracy. [volume] (Woodsfield, Ohio) 1844-1994, 1859-06-15

SO far as the same may be applicable and
practicable, in respect to the filling of vacan
cies, the qualifying of the jurors, the power to
administer oaths or afirmations, the making
and return Of awards, conduct Of trials, re-
turn Of verdicts, exceptions or petitions in
error, and all other matters, as are hereinafter
provided in respect to cases not of public ex-
igency. In cases other than those of public
exigency as aforesaid, the proceedings shall
be as follows: the board, or some member
thereof, shall make and officially subscribe as
many certificates in all respects alike, as may
be necessary, stating: First. The intention of
the state to appropriate the property, use, or
easement describing it as fully and accurate
ly rs would be necessary in conveyance, and
also stating the name of the owner or owners
thereof. Secondly. The specific sum of mo-
ney that the state is willing to pay therefor,
which shall be such a sum as the board, or the
member having special charge of the work
for which the appropriation is to be made,
shall deem reasonable. Thirdly. That ifthe
owner owners do not, within time to be
specified in the certificate, (Which time such
board or member may fix, allowing reasona-
BILE period after service or publication of the
certificate, As hereinafter provided,) accept
said sum as full compensation for such prop
erty, use, or easement then, after a specified
day the state will cause the property intended
to be appropriated, or in, to or over which an
use or easement intended to be appropriated,
to be condemned to the state, and the value
of such property, use, or easement to be as
sessed pursuant to law. One of said certif-
Gates shall be delivered to each of the owners
of the property intended to be appropriated,
or in, to, or over which an use, or easement is
intended to be appropriated, his or her guar
dian, or publication thereof made, in the same
manner and under the same circumstances here
inbefore provided, in respect to the certificates
first herein mentioned. Another of said cer-
tifcates shall be filed and preserved in the
Office of the board, with proof of the service
or publication thereof, showing the dates of
such service or publication; and if the appro-
priation be or real property, or Of an ease
ment in or upon such property, and be finally
made, it shall be the duty of some member Of
| the board to endorse upon another Of said
certificates the words appropriation made" !"
with the date when the appropriation was per-
fected, and to officially subscribe such endorse
ment and cause such certificate and endorse
ment to be recorded in the recorders Office
of the county in which the property is situate,
If any owner, his or her guardian as afore-
said, sEall at any time before the appropria-
| ton mentioned in said certificate shall be
made, elect to take the compensation spe-
Gifted in said certificate, Or in case of joint
| ownership tenancy in common, his or her
proper proportion thereof, the board, or proper
member thereof, shall cause the same to be
paid to him or her guardian, and shall
take the receipt of such owner or guardian
therefor, and upon such payment all the title
or right of such owner in or to the property
use, or easement appropriated, shall vest il
the state; provided, however, that in case Of
joint ownership or tenancy in common, when
some of the owners or tenants elect, and
others do not elect, to take the compensation
to take may, in the discretion of the board
or the proper member thereof, be withheld
until the proceedings against those refusing
or failing to be terminated, and if, upon the
termination of such proceedings, the board
or proper member thereof, shall be of thE
opinion that the amount or amounts assessed
together with those payable to the joint owner
or tenant electing to take the offer of tn,
state as aforesaid, would be too great to justi
fly the intended appropriation, it shall b,
lawful for the board, or such member, to pay
the costs of said proceedings and refuse t.
make the appropriation; in which event sale
costs shall be SO paid, and nothing more. Ant
provided, further, that if any owner, his or he
guardian, electing to take the compensatio,
offered by the state as aforesaid, shall fail t.
+ an assessment shall be commenced as herein
after provided, he or she shall, before receiv
ing such compensation, if required by tn
. board or proper member thereof, pay the cost
of such proceedings, or If the proceedings b
against others as well as himself or hersel
his or her proper proportion of said costs, o
he or she may elect to let the state pay tn
same and deduct it from said compensation
Sec. 4. If any owner or owners, notified a
provided in the next proceeding section, shal
| not within the time specified for that purpos
in the certificate mentioned in said section
{ signify to the board, or some member thereo
, his, her, or their acceptance of the compenss
tion offered by said certificate to him, her. O
I them, it shall be lawful for the board; or an
member thereof, at any time after the expirs
! ton of the time named in said certificate fo
\ such owner or owners to accept the offer of tn
q board, to file one of said certificates, wit
proof Of the service or publication thereof i
;. the probate court Of the county wherein th
a property intended to be appropriated is sitr
: ate, or, If the property be a tract of real e:
tate, situate partly in one and partly in anothe
r county or counties, then in the probate coul
n of either of said counties; and thereupon,
, shall be the duty or the probate judge fortl
: with to notify the clerk of the court of Con
mon pleas and sheriff Of the county of th
n
sheriff shall, within one day after receivin
= such netice, proceed to draw out of the DO
4 containing the names of persons returned I
;. serve as jurors in the court of common plea
s a jury of twelve, in the same manner that j,
y ries are drawn for the trial of causes in I'll
!. court Of common pleas, for the purpose of q
q timating or assessing the damages such own,
. or owners shall receive by reason of such al
% propriation; and the said clerk shall immed
y ately return the names of jurors, SO draw
% to the probate judge, who shall thereupo
20 issue his venire to the sheriff, or in case of h
n being party to the proceedings, to the cor
n ner of the county, to summon the jurors
! drawn as aforesaid, to attend on some day sp
y cited, at the Office of said judge, then and the
h to be empanelled and sworn to render ju
=. verdict, in the manner prescribed by law.
J. And the probate judge shall, at the time
!, issuing such venire, issue notice to the Sc
n eral owners of the property described in su.
= certificate, Of the time when such jury wi
! meet at the Office of said judge for the purpo
70 aforesaid; which notice such sheriff or coron
Z, shall serve upon the party or parties there
~ named. at the time of serving such venir
:. provided; that if such owner or owners a
# non-residents of this state, or are unknow
:, then publication of the objects and purpos
.lan