M'arthur Democrat. (McArthur, Vinton County, Ohio) 1853-1865, 1859-06-09

rights thereto, or 70 such temporary use,
shall Immediately vest in the state In all
I other cases the appropriation shall be made
bv the board, or one Of the members there.
of. 10 such case of public exgency, if the
property b; Immediately seized without first
paying for the same, it shall be the duty Of
the board, or some one of their members,
/ tif the compensation y be paid therefor be
not agreed upon with the Owner) without
/ delay to make and officially subscribe as ma.
/ ny certificates, IN all respects alike, as may
be necessary. continuing: First: A descrip.
tlon of the properly so taken, with the time
or times when taken. and whether taken ab-
suluteiy or for temporary use anil ii the.lgt-
Ter. the exteut of the use, and the name or
names oil the own'r tbeTsOG Sec0ndlylsAn
offer on behalf of the stale to pdy therefor
a specific sum Of money, being such sum as
the board or .heir member shall deem rea-
sonable; one of which certificates shall be
delivered TO each O6 the owners Of the prop
eriy so taken, if resident within this state, or
left at his or her usual place Of abode there
in, provided that If any owner be minor,
idiot, or insane person, having guardian
resident within this state, service of said GER
tilicate, in manner aforesaid shall be made
on such guardian, which shall be deemed
good service upon the ward Butitany own,
er or guardian reside without this state, or
lriG place of residence be unknown TO the
board. then notice to him OF them may be
given either by personal service of such Ger.
tiiicate, or by publishing the same for four
consecutive weekg in some newspaper of
general circulation in the county wherein the
property was trken. One Of said cettifi-
Gates, with proof OF its having been served or
published Us aforesaid aud the date of such
service or pdblcaion, shall be filed anil pre-
served in the oiiice ofthe board II any own
or, or his or her guardian as aforesaid, shall
at any time a fter the seizure Of his or her
property as aforesaid, and within one year
alter the service of the certificates as
oloresaid, or its last publication as
aioresiil, as The case may be, elect to take
the sum Of money so offered, or, in case Of
joint ownership or tenancy in common, his
or her proper proportion thereof, the board
or the proper member thereof shall pay, or
cause the same 10 be paid to him or her,
and shall take therefor receipt specifying
on what account the same is paid; and such
payment shall discharge all claims of such
owner against the state by reason of the
premises. But if he or she shall be unwil-
ling to accept said oaeI Of compensation, he
or she may, within the year aforesaid, noti-
| iy the board, or the proper member thereof,
(namely, the member having special charge
OF the division where the property was Ia
keu,) of such unwiIlingnesS, and if the board,
| mr. Id man, ha- on1 H., n,ynan ,nnrct .c.ro,,
upon the compensation to he paid, the owner
may at any time afterwards, within sa id year,
file IN the probate court Of the county where
in the property taken was Gtuate when Ia.
ken, or. il it was tract of land situate part
| ly in one aud partly in another county or
counties, then in the probate court OF either
of said counlies. one of said certificates, or
a copy thereof. (Which copy shall be furnish
ed to him or her by the board, or proper
member thereof, il demanded aud require
the Judge of said probate court to empanel
a jury und to issue yenire for them in the
manner hereinafter provided in section our;
which venire shall be served and returned
as provided in said last named section. Be-
fore such venire shall be issued, the owner
shall notify the board, or proper member
thereof, when il will be Issued Upon such
vepira being issued, the same proceedings
shall be had. 80 far as the same may be dp
plicable and practicable, in respect to the
filling o vacancies, the qualifying OF the ju.
rors, ;he power to administer oathS Or affir-
nations, the making and return of awards
conduct of trials, return of verdiCts, excep.
liohs or petitions in error, and all other mat.
terS, as are hereinafter provided in respect to
cases not Of public exigeGcy. liz cases 9TH
er than those oil public exigency as aforesaid
the proceedings snail be as follows the board,
or some member thereof shall make and of.
fclallY subscribe as many certificates, in
all fespects alike, as may be necessary sta
ting; First. The intention of the state to
appropriate the property, use, or ea,em mt
describing it as fully and accurately as would
be necessary in a conveyance, and also sta
ting the name of the owner or owners there
of Secondly, The specific sum of money
that the state is willing to pay there ior,
which shall be such a sum as the board, or
he member having special charge of the work
Tor which the appropriation is 10 be made,
shall deem reasonable. Thirdly. That if
the owner OF owners do not, within time
to be specified in the certificate, (Which time
such board or member may fix, allowing
reasonable period after service or publica |
tlOn of the certificate, as hereinafter provi. !
ded,) accept such sum as full Compensation
lor such property use or ecssnant. then, af- |
ter specified day the state will cause the I
property intended to be appropriated, or in,
to or over which an use or easement is in |
tended to be appropriated. to be condemned
tl the state, and the value of such property. |
use, or easement TO be assessed pursuant to
law. Que of said certificates shall be de-
liyered to each Of the owners of the proper,
ty intended TO be appropriated or in, to, or
over which an use, or easement is intended /
to be appropriated, his or her guardian, or
publication thereof made, in the same man
ner aud under the same circumstances here
inbefore provided, in respect 10 the certif-
cate first herein mentioned. Another of said
certificates shall be filed and preserved in the
office of the board, with proof of the service
or publication thereof, showing the date or
dates OF such service or publications; and if
the appropriations be of real property, or of
an easement in Or upon such property, and
be finally made, it shall he the duty of some
member of the board to endorse upon anoth-
er of said certificates the words "appropia
ton made,' with the date when the appropri.
alton was perfected, aud TO officially sub.
scribe such endorsement and cause such GER
tliicate and endorsement to be recorded in
the recorders office Of the county inwhicl Il
.he property is situate. Ii any owner, his |
Dr. her guardian. as aforesaid, shall, at any