The weekly Portage sentinel. [volume] (Ravenna, Ohio) 1854-1861, 1859-08-31

sbaIl receive Oy reason oil such appropri-
alton and the said clerk shall Immediately
return the names of jurors 30 drawn, to the
probate judge, who shall thereupon issue
his venire to the sheriff or In case of his
being party to the proceedings, to the
coroner of the county, to summon the Jurors
so drawn as aforesaid, TO attend on some
day specified at the Office of said Judge, then
and there to be empannelled and sworn to
render just verdict, in the manner pre-.
scribed by law. And the probate Judge
shall, at the time of issuing such venire,
issue notice TO the several owners of the
property described in such certificate Of the
time when such jury will meet q, the office
OF said judge for the purpose aforesaid /;
which notice such sheriff or coroner shall
serve upon the party or parties therein
named, at the time Of serving such venire (;
provided, that If such owner or owners are
non residents Of this state, or are unknown,
then publication of the objects and purposes
Of the proceedings shall be made in some
newspaper, published in the county, for
thirty days next preceding the time named
in such venire which notice shall contain
pertinent description Of the property
sought to be appropriated, and the name or
| names OF the owner or owners, if the same
be known, and the time and place Of the
proceedings. The probate Judge shall have
power to issue all subpoenes, and all other
necessary process and to administer all nee.
essary o0ths in the execution OF this act.
Sec. 5. II shal be the duty of the sher.
III or coroner, on receiving such venire,
to summon the persons therein named
in the same manner as jurors are summon.
ed to attend the court of common pleas; and
the juries may be challenged and vacancies
in the jures filled as in other cases. The
jury sha II be sworn to well and truly assess
the compensation to which the owner NAV
be entitled by reason OF the premises, with
out deduction for benefits to any of bis or
her property. For good cause shown, or
by consent Of the parties, they may be sent
in such custody as the court shall direct, to
view the property, the court appointing the
person or persons whose duty it shall be to
show it to them but all testimony shall be
given in open court. The state shall be
entitled to open and close, in giving test.
mony, and in the argument. The verdict
shall be in writing, signed by the jurors, or
their foreman but the court, with the as
sent 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 erron eous
ruling by the court. Exceptions may be ts-
ken, as in other cases, to any ruling of the
court in matter Of law, and petition in er.
ror may be prose cuted in the district or su.
preme court, if filed within thirty days after
the rendition Of the verdict, but not other
wise. Such petition shall not be filed
without an allowance by the district court
or by the supreme court, or Judge thereof.
And the proceedings shall not be reversed
for any error of form, or other error, not
affecting the substantial Justice of the case.
Upon reversal of the proceedings, a pro.
cedendo may, in proper case, be awarded
and new trial had, if thereby commanded.
The probate judge shall record the proceed.
iDgs in that court, including the certificate
OF intention to appropriate, and the proof
of its service or publication, filed in his
Office as Aforesaid.
Sec. 6. After such appropriation is made,
it shall be the duty of the probate Judge i'm.
mediately 10 make up the cost bill OF such
proceedings, when the board, or proper mem.
Der thereof, shall, without any unnecessary
delay, pay the same, and shall also pay the
adjudged compensation by drawing his war.
rant upon the auditor in the manner prescri
bed by law, in favor Of the proper party; 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, ant
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; provided, thai
no interest shall be paid upon the compen
sation or costs aforesaid: Provided, that the
board or proper member thereof, may, a
their option, pay the costs and refuse t
make the appropriation, if in their or biz
judgment, the compensation assessed is tot
great to justify the appropriation.
Sec. 7. Proof OF the service or pubica
ton of the certificates aforesaid, when re
quired by this act, may be made by the aft
davt of any person having personal knowl
edge of the fact.
Sec. 8. If the property appropriated il
, q case of public exigency, ns hereinbefor
) provided, or to be appropriated in other o
} aforesaid, shall belong to the heirs, or devi
, sees OF decedent, and the names and pla
ces OF residence of such heirs or devisees
or Of any or either Of them, shall be un
I known to the board, or the proper membe
, thereof, such persons whose names and pla
ces of residence shall be thus unknown
, may be described in, all and singular, tn
} papers and proceedings aforesaid, as the un
, known heir, or heirs, devisee, or devisees
t as the case may be, of the decedent, namin
such decedent, if his or her name be know
to the board, or said member thereof. Blu
If the name Of such decedent be unknown
to the board, or the proper member thereo
t Or il the name and places of residence c
: the owners or any Of them, (whether hodin
r by descent, devise or purchase,) be in lik
} manner unknown, such owner or owner!
whose names and places OF residence sha
be thus unknown, may be described in, a.
and singular, the papers and proceeding
aforesaid, by the general description Of un
known owner, or unknown owners. An
such general description shall also be suff
cient when the residence of the owner, {
, owners, is without this state.
} Sec. 8. Married women, whose propert
} sha II be appropriated under this act, shall b
, capable of doing al things which ii may b
, lawful or necessary for an owner to do i
3 the premises, as fully as il they were ur
E married and of full age. And guardian
I as aforesaid, shalt have as full power to &C
. for their words respectively. as the ward
3 respectively would have, were they under n
Q disability.
' Sec. 10. Corporations, in addition
payment for their property, real and person
/ al, appropriated as aforesaid, shall be ent
tied to compensation for destruction. tota
or partial, Of the value of any of their fran
. chises directly caused BY such apPropristiO