The Wyandot pioneer. (Upper Sandusky, Ohio) 1853-1868, 1859-06-24

receive by reason of such appropriations and
the said clerk shall immediately return the names
, Of jurors, so 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 ju-
: rors so drawn rs aforesaid, to attend on some
day specified, at the office OF said judge, then and
} there to- be emmpanneled and swo IN to render
J just verdict in the manner prescribed by law
And the probate judge shall at the time of issu-
ing such veBire, issue u notice to the sever,l
owners of the property described in such certf-
cate, Of the time when such jury will meet at
the office Of said judge for the purpose aforesaid
; which notice such sheriff or coroner shall serve
upon the party or parties therein named, OF 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 coun-
ty, for thirty days next preceding the time
named in such venire; which notice shall con-
tain 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 sub
peaes and oil other necessary process and to
administer all necessary oaths in the cxcctou of
this act.
Sec 8. II shall be the duty of the sheriff or
coroner, on receiving such yenire to summon
the persons therein named in the same manner
as jurors are summoned to attend the court Of
common pleas; and juries may be challenged and
vacancies in the juries filled Us in other eases.
The jury shall be sworn to well and truly assess
the compensation to- which the owner NAV be en-
titled by reason of the premises. without deduc
T 1son ior penon.s VI any vi ms VI ner properly
TOT goou cause SHOWN, OF ny consent Oh tile par
nes, Ihey may DC sent In sueh custody as the
cour. slll a,rec', 10 view inc property the court
appointing toe person OF persons whose duty II
sM'ii pe 70 SNOW 1t TO them; bmt all testimony
sha.l DC gwen IN open court Inc state shall be
entitled TO open ana close, In giving testimony
ana IN the argument Inc Vefaiet snail be IN
Wrltlhg, slsHea Dy the jurors, or thelr roremeni
put inc court with the assent OF the jurors, may
put II m proper form. new trial Shall not be
granted, except Tor misconduct OF the jury, or
iof an erroneous ruling py the court. Except
IONS may oe sakenr as IN other cases, 70 any ru-
ing OF the court IN matter OF law, and petition
ln error may pe prosecuted ID thc district or
supreme court, II h'ed within thirty days after
the rendition Of the verdict but mot otherwise.
ouch potitlon shGu NOT DC MED without an al
lowance by the district court or by the supreme
court, or Judge thereoi. AND tho proceedings
other error not affecting tho substantial iustiee
Of the case, Upon a reversal of the proceel-
inps. d procedendo NAV, in proper case. be n
warded. and a new trial had, if thereby COM
mandcd The probate judge shall record the
proceedings in that court, including the cert6-
cate Of intention 10 appropriate, and the proof Of
its service or publication filed in his Office az a.
foresaid. 'It1-
.ser .- ...i|
Sec. b. hftef sneh appropriation is made, II
shall be the duty OF the probate judge immedi-
ateiy 70 MAKE up the COST Dill Oh such proceed
ings, wheh inc poard' or proper member thereof,
SHALL without any unnecessary delay pay tho
same, anu shali also pay inc adJudged comPen-
sation ny drawing MS warrant upon the auditor
in the manner prescribed by law, in favor of
the proper party;and II the party entitled tosueh
compensation shall not call Tor the same the
auditor snail nevef1heless Issue the same, and
snail retain suCh warr"ns unt,i called fori and
the money snail 10 TAKEN ana heio TO 90 dcposl-
TED IN the treasury LOT the use ana oeneht OF the
party entitled to the same, from the date Of such
warrant provided That no interest shall be
paid upon tne compensation OF COSTS asaioresald:
Provided, that the board or proper momber there
OF, may at their option, pay the costs and refuse
to make the appropriation II IN their or his
to Justify the appropriation.
.s
sec I. irool Oh INC ssrVlse OF puohcahon
on o, the ceffincates alorcsaic, mnen required hy
thls act may DC made py the athdavlt Of any
person having personal knowledge OF tins fact.
sec. .. any property appropriated In o
case OF pubic exigenoy, as herein before proVl-
aed'' or 10 oe appIopfiaeea IN otner cases as q.
foresala' shsil bciong 70 the heirs or devisees OF
decedent, and the names and places of resi-
dence Of such heirs or devisees, or Of any or
either Of them, shall be unknown to the board,
or proper member thereof such persons whose
names and places Of residence shall be TINS un-
known, may be described, as the unknown heir,
OF heirs, dcvisee, or devisees, as the case may