Holmes County Republican. [volume] (Millersburg, Holmes County, Ohio) 1856-1865, 1859-07-07


board to file one Of said certificates, with proof nf
the service or publication thereof, in the probate
court of the county wherein the property intended
to be appropriated is situate, or, the property be
tract Of real estate, situate partly In and part
ly in another county countless then in the procate
court of either of said counties; and thereupon, it
shall be the duty of the probate Judge forthwith to
notify the the clerk of the court of common pleas
and sheriff of the county of the fling of such certf
icate; and the said clerk and sheriff shall, within
one day after receiving such notice. proceed to draw
ont of the box containing the of persons re-
turned to serve as jurors in the court OF common
pleas, Jury Of twelve, in the same manner that
jmies are drawn for the trial of causes in the court
of common pleas, for the purpose of estimating or
assessing the damages such owner or owners shall
receive BY reason of such appropriation; and the
said clerk shall Immediately return the names of
Jurors so drawn, to the probate judge, who shall
thercupon issue his venire to the sheriff, in case
of his being party to the proceeding, to the coro-
ner 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 empan
neled and sworn to render Just verdict, in manner
prescribed 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, ofthe time when such jury will
meet at the Office of said judge for the purpose
aforesaid; which notice such sheriff 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 nonresdents of this state
or unknown, the 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
of fba tba auna
be known, and the time and place of the proceed
ings. The probate judge shall have power to issue
all subpoenas, and all other necessary process:
and TO administer all necessary oaths in the the ex
ecution of this act.
Sec. S. 1t shall be the duty of the sheriff or cor
oner, on receiving such venire, to summon the
persons therein named in the manner as jurors are
summoned to attend the court of common pleas;
and juries may be challenged and vacancies in the
juries filled as in other cases. The jury shall be
sworn to well and truly assess the compensation to
which the owner may be entitled by reason of the
premises, without deduction for benefits to any of
his or her property. For good causes shown, or
BY consent of the partes they NAV be sent in such
custody as the court shall direct to view the prop
erty, 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 testi
mony, and in the argument. The verdict shall be
in writing, signed by the Jurors or their foreman
.butthe court with the assent of the nror may put
it in proper form. A new trial shall not be grant
ed, except for misconduct of the jury, for an
roneos ruling by the court. Exceptions may be
taken, in other cases. to any ruling of the court
in matter of law, and petition in error NAV be
prosecuted in the district supreme court; if filed
within thirty days OF the rendition of the verdict
but not otherwise 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 and error of
form, other error. not efecting the substantial
justice of the case. Upon reversal of the pro-
ceedings, a procedendo may, in proper case, be
awarded; and a new trial had, ifthereby comman-
ded. The probate judge shall record the proceed
ing in that court, including the certificate of inten
ton to appropriate, and the proof of its service or
publication, fled in his Office as aforesaid
See. 6. After such appropriation is made, it
shall be the duty of the probate Judge immedi-
ately to make up the cost bill of such proceed
ings, when the board, or proper member there
of, shall, without any unnecessary delay, pay
the same, and shall also pay the adjudged COM
pensatlon by drawing his warrant upon the au-
dior in the manner prescribed by law, ia favor
of the proper party; and if the party entitled TO
such compensation shall not call for the same,
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 10 the same, from
the daie of such warrant: provided. that no in
terest shall be paid upon the compensation or
costs as aforesaid; Provided. that the board or
proper member thereof. may. at their option.
pay the costs and refuse to make the appropri-
alton, in their or his judgment. the compensa-
tion assessed is tou great to justify the appro-
priation.
Sec Z. Proof of the service or publication Of
the certificates aforesaid, when required by this
act, may be made by the affidavit of any persou
having personal knowledge of the fact.
See. s. If the property appropriated in a
case of public exigeney, as herein before provi-
ded, or TO be appropriated in other eases as
aforesaid. shall belong to the heirs, devisees,
or of any or either of them. shall be unknown,
may be described in, all and singular, the pa
pers and proceedings aforesaid, as the unknown
heir. or heirs, devisee. or devisees, as the case
may be, of the decedent. naming such de-
eedent, if his or her name be known to the
board, or said member thereof But if the name
of such decedent be unknown TO the board, or
the proper member thereof, or if the names and
places or residence ofthe owners, or any of them,
(whether holding by descent, devise or pur-
chase,) be in like manner unknown, such own
er, or owners, whose names and places of resi-
dence shall be thus unknown, may be described
in, all and singular, the papers and proceedings
aforesaid, by the general description of un-
known owner, or unknown owners. And such
general description shall also be sufficient whom
the residence of the owner, or owners, is without
this state.
Sec 9. Married women, whose property
shall be appropriated under this act. shall be
capable of doing all things which it may be
lawful or necessary for an owner to do in the
premises. rs Iully as if they were unmarried
and of full age. And guardians as aforesaid,
shall have as full power TO act for their wards
respectively would have. were they under no
disability.
See. 10. Corporations, in addition TO pay
ment for their property. real or personal, appro-
priated as aforesaid, shall be entitled to COM
pensatiun for a'destruciion, total or partial, of
the value of any of their franchises directly
caused by such appropriation of their real or per-
sonal property, as follows: if the value of the
franchise shall cease to exist; if its value be but
partially destroyed, a ratable compensation
shall be ascertaned,) ~ if not agreed upon by the
board or the proper member thereof and the
corporaiion.) at the same time and in the same
manner that the compensation to be paid for
the real or personal property of the corporation
appropriated as aforesaid, shall be ascertained
and the jury, shall state in their verdict. what
is the franchise thus injured. or destroyed, and
whether the destruction is total or partial which
finding, if not set aside in the mode hereinbefore
provided for vacating verdicts. shall be eonclu-
sive evidence of the fact SO found, 10 all intents
and purposes.
Sec. IL. The witnesses, clerks. sheriff, cor
oner, constables. and jurors, respectively, for
the services required of them by this act, shall
receive such fees as they are paid for like servi-
ces in similar cases. The probate Judge shall
l. c.,