The Highland weekly news. [volume] (Hillsborough [Hillsboro], Highland County, Ohio) 1853-1886, 1859-08-18

non residents Of this State, or are un
known, then publication Of The objects
and purposes of the proceeding shall be
made in some newspaper, published in
the county, for thirty days next preced-
ing the time named in such venire; which
notice shall contain pertinent description
Of the property sought to be appropri-
ated, and the name or names Of the
owner or owners If tho same be known,
and the time and place Of the proceed
dings. The probate judge shall have
power to issue all subp@nas, and all
other necessary process and to admins
ter all necessary oaths in the execution
of this act.
Section 5. Il shall be the duty Of
the sheriff or coroner, on receiving such
venire, TO summon the persons therein
named in the same manner as jurors are
summoned to attend the court Of com
mon pleas; and juries may be challeng-
ed and vacancies in the Juries filled as
in other cases. The jury shall be sworn
to we'll and truly assess the oompensa-
ton TO which the owner may be entitled
by reason Of the premises, without de-
duction for benefits to ony Of his or her
property. For good cause shown, on by
consent Of the parties they may be sent
in such custody as the court shall di-
rect, to view the property, the court ap-
pointing the person or persons whose
duty it shall be to show il to them; but
all testimony shall be given in open
court The State shall be entitled to
open and close, in giving testimony, and
in the Argument. The verdict shall be
in writing, signed by the jurors, or
their foreman; but the court, with the
assent Of the jurors, may put it in
proper form. A new trial shall not be
granted except for misconduct Of the
jury, or for an erroneous ruling by the
court. Exceptions may be taken, as in
other cases, to any ruling Of the court
in matters Of law, aud a petition in error
may be prosecuted in the district or su.
preme court, if fled within thirty days
after the rendition Of the verdict, but
not otherwise. Such petition shall not
be fled without an allowance by the
district court or by the supreme court.
or O Judge thereof. And the proceed
ings shall not be reversed for any error
of form, or other error, not affecting
the substantial justice of the case
Upon a reversal Of the proceedings, a
procedendo may, in proper case, be
awarded, and new trial had, if thereby
commanded. The probate judge shall
record the proceedings in that court in.
cluding the certificate Of intention to
appropriate, and the proof Of its service
or publication, fled in his Office as afore.
said
Section 6. After such appropriation
is made, it shall be the duty Of the pro
bate judge Immediately to make up the
cost bill of such proceedings, when the
board, or proper member thereof shall
without any unnecessary delay. pay the
same, and shall also pay the adjudged
compensation by drawing his warrant
upon the auditor in the manner pres
cribed by law, in favor Of the proper
parity and if the party entitled to such
compensation shall not call for the same
the auditor shall nevertheless issue the
proper warrant upon the treasury in his
behalf for the same, and shall retain
such warrant until called for; and the
money shall be taken and held to be
deposited in the treasury for the use and
benefit Of the party entitled to the same
from the date of such warrant: Pro.
vided, that no interest shall be paid
upon the compensation or costs as afore.
said Provided, that the board or proper
member thereof may, at their option
pay the costs and refuse to make the
appropriation, if in their or his iudg
ment, the compensation assessed is toe
great to justify the appropriation.
Section Z. Proof of the service OF
publication Of the certificates aforesaid
when required by this act, may be made
by the affidavit of any person having
personal knowledge Of the fact.
Section 8. If the property appro
priated in a case Of public exigenoy, al
herein before provided, or to be appro
! priated in other cases as aforesaid, shal
belong.tO the heirs, or devisees of a de.
cedent, and the names and places Of
residence Of such heirs or dovIsees, OF
Of any or either Of them, shall be un
known to the board, or the proper mem
Der thereof, such persons whose names
and places Of residence shall be thus
unknown, may be described in, all anC
singular, the papers and proceedings
aforesaid, as the unknown heir, or heirs
devisee, or devisoes, as the case may be
Of the decedeLt naming such dccedent
if his or her name be known to tn,
board, or said member thereof But if
the name Of such decedeut be unknown
to the board. or the proper member
thereof or if the names and places Of
residence Of the owners, or any of them
! (whether holding by descent devise o
purohase,) } be in like manner unknown
such owner, or owners, whose name
and places Of residence shall be thu
unknown, may be described in, an an,
singular, the papers and proceeding
aforesaid, by The general description of
unknown owner, or unknown owners
And such general description shall alst
be sufficient when the residence of Oh,
owner, or owners, is without this State.
Section g. Married women. who's
property shall be Appropriated unde
this act, shall bo capable of doing al
things which it may be lawful or neces
sary for an owner to do IN the premises
as fully as if they were unmarried 40,