The Portage County Democrat. [volume] (Ravenna, Ohio) 1854-1868, 1859-08-17
WHOLE NUMBER 2Sl'.s

fstz 20
drawn for the trial of causes the court common
pleas, for the purpose of estimating assessing the
such appropriation; end the said clerk shan
return The names of jurors go drawn 70 the probate
in Of his being party to The proceedings, to
the coroner Of the county, to summon SO so
ofee Of said judge then and there 70 be
81 probate @e
of supg such venire issue notice to the several own
Tine when such jury viii meet at the Office ofsadJudge
for the purpose sforesad which notice such sheriff or
named al time of serving such venre provided that
such owner or owners are non residents Of this state
poses Of proceedings shall be made in nsrspa-
published in the county for thirty neg. pyeced
pertinent description Of the property! sought 70
be appropriated and the names of the owper or
the proceedings, The probate judge shaIhase power TO
al subpoenes and an other necessary to
Sec s. It shall be the duty of the sheriff or coroner
sseEng IL such the I IN
attend the court of and the jnries may be
TSe jury shs e sworn q wen and
the compensation to which the owner may be entitled by
o. Of The premises without deduction ss be1sts TO
consent Of the parties they may be sent IN such ito
hs show i to them; but sIi testimony shall Be
i IL
eose testimony and in the argument The
verdict SHIN Sc sfitig signed BY the jutes Or their
except fof niseonduct Of the jury
IS 10 Other cases. to any ruling Of the court mater Of
law, and petition in error may be IN the dis
the rendition OF The verdict, hut not Otherwise Such
petition shalno be filed without allowances by the
district supreme court, Judge there
And the proceedings shall NOT he reversed f6r any
Terror of forn other not eecting the suhstan-
al tha rave
may, S proper ssss Se ssrdsd. ava died.
bate pdge sI record the proceedings in that in
Guiding the certificate of intention appropriate, and
the proof 9f its service or publication filed In his Office
s. Afser such appropriation is dnads It shall be
the Cost bii Of such proseedngs when the board CT
proper member thereof shall without any unnecessary
pehsaoh BY drawing his npon audtor in
the prescribed by law in favor of the proper
party; and II the party entitled to such compensation
Shall call for the the auditor shall neyetheless
issue the proper warrant upon the treasury inhi
fo tde money shah be and held be deposited
in the treasury for the and benefit of ,e party en
Led that ueintersEt shall be paid upon the compensation
aforesaid: Provided that the board proper
member thereof their option the costs and
refuse to make the appropriation or b judg-
ment. the compensation assessed is too great to justify
Sec Of the service or publication of the cer-
6csses aforesaid when required by this acts may be
make by tbs affidavit of any person having personal
I, kHowledge of the face. +. e
0.
lie exgency, herein before provided be appro-
prated in other aforesaid shall belong the heirs
e and places
# thefn shall be unknown the board the proper
residence shall Bsi thus unknown may be described
all and singular the papers and proceedings afore-
as
" dent if his her be known the board said
u1known to the board Or the proper member thereof
Or i n: nass and places 9f residence Of the or
chase1 be in like manner unknown such owner, or
whose aud places of residence shs be thus
unknown may he described in, all and singar the
and proceedings aforesaid by the general description
h idence of the owner, owners without this state
under this aes shah &c Pcssb1s doing all
o things which may be lawful for owner
ried and Of fa age Gndguardans as aforesaid shall
have power to act fer their wards respectively as
the wards respectively would have, were they under no
Of SEC. 10. Corporations. in addition to payment for
said shall be entitled to Compensation for destruction
ftoal PARTIAL of The value of of their franchises
N sdna property as follows: ii The value Of the franchise
be totally destroyed value shall be paid aHd the
iy DESTROYED ratable Compensation shn be made The
to be thus paid shall be ascerIaiped f not
ne and corporaon at the time and in the same
Of chat the Compensation be paid for the real
personal property of the corporation appropriated
Il aforesaid Shall ascertaned and and the Jury. shall
state in shsT verdict @ THAT s the ss injured
IL tal which finding if not set aside in the mode hereinbe
evdence Of the fact SO found inteuts and purpo-
hs Sec The witnesses, clerks sheriff coroner con.
stables and jurors respectively for the services required
nd of them by this act shall receive such fees as they
Or paid for like services similar The probate judge
shall receive for his services five dollars in addition to
the usual fees for issuing and recording the
or ty and tase charge Of the Jury upoa view as
shall receive such fees for their services as The court may
n place or places be viewed may allowed BY the
bate court and taxed as All names drawn from the
ay whose names were thus drawn shah be aoie
III ts L he Special eies Fsrsd " M s
aa H. By e. word thls taxable
shall be paid by the state; but upon proceedings u
the party failing shall pay the costs in error Judg
d. against the owner by the court in which the proceedings
YER be pendng when the owner became liable to
costs aforesaid. 1t shall also be lawful for the board
proper member thereof to deduct from the coInpensa
sl ss
and which such Rowner shall not have psd and such
H. such costs 10 the persons entitled thereto the prop
he er clerk for their use. -a4.. o.; f,z
T Sec. l3 ANY person whose property has been may
an injured by any breach in leakage overflow Of
do any canal slackwater pool reservoir other work
cS pertaining canal sackwater, pool reservoir
na or by the of capacity, filling np any culver
IA thereof the washing away of earth caused by any
tune within one year fromths occurrence of such breach
in of such leakage, happening OF the
injury by such cuvert darn apply to the
nj board proper member thereof for damages The
hoard member, the claimant
upon appoint three disntested persons
commission to consider such claim but if they
or cannot agiee, the board, such member, within
70 reasonable ne shall apply to the governor appoin
three such and the governor shall make
such The commisstoners shall before en-
sI an oath affirmation, faithfully and ipartally dis
charge duties of their appointment They shall have
ri respect to summoning and qualifying Witnesses anS
all supoenas for witnesses issued by them be served
ot shall be returned to them in like If ISSUED
of by probate COURTS They shall meet at such time snc
itl place the board the proper member thereof shs
Of appoint and shall have to adjourn day to day
er. Sundays excepd and from place 70 place until thei
If claim aforesaid deliver to the board, member
whom prefers it. the of the post Office within
this which deses to be addressed and If he d.
ci 1t shall be the duty OF the bosr or the proper mem
or thereof to give him reasonable notice by letter. ad
dressed to him. agent named by him that
the pose at such post ONCE OF psrsona Of the time sn'
issioners. The commissioners shall canal
1ch reservoir other work Aforesaid breach
,ri leakage overflow occurred, the cusere dam,
in occasoned thereby and Also as far as may be
the properly said 10 be injured thereby. and shall hea
not all al testimony offered by the parties and having don
they majority of them shall be OF the opinion
sI of the canal reservoir cuver, other work aore
that such detect might have been avoided by th
ach Of ordinary skill and care IN the there
officers or agents the stae In maintaining the same
keeping the repair and also. that tho 1ury
uln lance and care part cairaAn and then but
nan not Otherwise, the commissioner majority ofthem
award to such claimant such damages by reason
"a premises be Just. Their decision whether
r in favor of again the claimant, shall be in writing
signed those who therein; and shall be delv
hat cred by them with all subpoenas by aud
of the number of days they engaged ir
the discharge of their duties or prpper