Fremont journal. [volume] (Fremont, Sandusky County [Ohio]) 1853-1866, 1859-06-10

general circulnton IN the coary vhtItln 4 pfnlffV
inc been f,ed o. puhshcd ., aags@ad ahd tie dsteof
such rer o o. pnbieaiigu sail lehisd snd pre.sitd
a paarsS NJ SssI =. sossd 81 % % s a. sn @ tine ssr ne ssSs
Of his her property afesaid md vhn one fear ~
the service u The cericaies nDesAd - ast
publication Aforesaid te may l eiet y hls
tse SUM Of money - oersd o. ia css Of josni eN1tr
ship tenancy ~ coamon, biz hsr proper propAfiun
thereof he board the prsr member teseoi SHAH psy,
the 70 he paid ~ him her. ond shh nke
paid and such ayinenf Shall daearrs al eiaiis sfsnc
owner Against ta state hy II The premises nnt
Il be or she hali be unwilling accept said oasr of ce
pensaton he she rry, within the Aforesaid notify
The board, the proper mriner theut (nalnuly tte
einbers having special ege d ihs division vsets ths
board said member, and the owner cannot agree upn
the cempensatisn to s paid the owner nay A sny me
the county wherrn the property taken situair when
taken. if II Was tract of land situate partly IN ons
bate court OF either Of said counties, of seid caff
cates copy thereof (~hch copy shall be rniehedto
ncnded and rquire the Judge bald rrohne court 20
empane jury snd to isus vehirs iof them
hereinafter provided 10 section four; uheh yhire shall
served aud returned provided 81 sad last named
ion befoe such vefrc shall b. issned, the owner shall
be issued Upon such rene lcing Irsued Tho fo-
ceedngs shall be had, nr ~ the same ay be appllca-
tSs ~ bs l syprs " W. s ,ss 3 .s%ns
ozihs affnAtons the making And return of uHaadr,
conduct Of tra rinfn Of 'erdeis, exceptions q rst
uons IN error, and all other Httersi are hersinaior
provided In respect to not public exFacy In
other than those Of public exgency aforHd the pro-
ceedinps shall b. follows. the board, memfr
theeof shall nnke and officially subscribe many cert-
cates in all respects alike may bo necessary Stating,
First The intention Of the tae 70 appropriate the prop
eriy use easement describing Il fully and accnre-
yss would be necessary In convey ano and also stating
the Of the owners tkercuL Secondly. The
specific sum Of money that the state l. willing 10 pay
therefor. which shall be such the hoard the
member special charge Of the work for which the
appropriation Is TO BE- made shall deem reasonablc
Thirdly. Thatn the owner or owners do not within
time to be specified in tho csrtifcatc lwhch time such
boar hx, allowing = renaonahle uetfod
after service publication OF the ccTtcate hereina
Ter proided accept said sum rs full compensation for
snch property use or rsscIaent then after aeciGed
day the state will eause the prnpery iutondedts 30 aP
proBrAted, OF in To, or over which an use or esHarnsnt
is Intended be appropriated to be condemned 10 the
state and the value of such property easeent q
be assessed pursuant 70 law. One eaid dcertiacaes shall
be delivered each Of the owners Of the property intens
be appropriated, in To, over which eaae
nent Is Determined to appropriated bis or her guardian
the same circumstances hertnbefore provided, in spect
to the certificates first herein mentioned Another Of
said certificates shall be drd and preserved 10 the cee
N the board with proof oil the service pnbcNtion
thereof showing the date dates Of such serVes b
atOn and u the appropriation be Of real property or
Of an easement ia or upon such property and Be finally
made. Il shall he the duty OF ebor NJ the board TO
upon another Of said certificates the words TAP
preparation made with the date when the appropriation
was perfected and officially subscribe endorsement
ana cause sueh eetiscAe anu enanInt 20 oe recolose
in the Office Of the county in which the property
is situate any owner his or her GUARDIAN an ptoreAaf
SHALL at any time before the Appropratn mentioned In
said certificate shall be- made elect to take the eopansa
on specified in said certificate, in of joint
ership in common his her proper propar-
cause the same to s paid 70 him or er or his or her
guardian, and shall take the Fecipt Of such
guardian therefor and upon such payment all the title
right such ia to the property, use,
appropriated shall vest in the state provided, how
ever that Of Joint ownership tenancy In
mon when oftle elect aud otbers
elect to take the compensation offered aforesaid
payment 10 those electing take NAV in the discretion
of the board or the proper member thereof be withheld
until the proceedings against those refusing
falling be- terminated and if upon the termination Of
or theroOf
shall he Of the opinion that the amount Enounis
sessezAed together with those payable TO the joint owner
or tenant eeetng take the offer Of the state Rore
said would he too great 20 justify the intended apprepri
alton it shall I've lawful for the board or such member TO
paw costs Of such proceedings and refuse To make the
apnrnpration in which said costs shall be paid
aud nothing And provided, further, that II any
saon offered by the state aforesaid shall fail TO make
that election until after proceedings for assessment
shall he commenced hereinafter provided. he or she
shall before receiving such compensation required BY
the board orproper member thereof the costs Of such
proceedings II the proceedings be against others
we'll himself herself bis her proper proportion
said costs he she may elect to lot the state pay
the aud deduct it from said compensation
Soc. T. II any owner owners. notified provided
in the next preceding section shall not within the time
said seeion signify to this board or soe member there
Of his. her their acceptance of the compensation OF
fered by said certificate to him. her, hen il shall b
lawful for the board member thereof, at tina
after the expiration OF the time named in said eerthcats
for such owners 20 secept the offer Of the board
to die OF said certdctes with proof Of the seryos
publication thereof in the probate court Of the county
wherein the property intended to be appropriated is sit
uae II the property be tract OF real estate situate
partly in and partly in another counts Counties
then in the probate court Of either Of said countless and
thereupon II shall be the duty of the probate judge forth
with 10 notify the clerk Of the court Of pleas
and sheriff Of the county Of tho fng Of such eertfae
and the said clerk aud sheriff shai within one day aer
receiving such notice, proceed to draw out Of the box
containing the Of returned to iu
rors in the court Of common pleaa jury twelve Ia tho
same manner that uries drawn the trial
in the court Of common pleas for the Of estma-
ting or asessng the damages snch owner owners shall
hr Ol
shall Immediately retarn the jurors, drawn,
to the probats who shall thereuPon issue his
ire the sheriff; Of his being party TO fh0
proced dngs. to the Of the county to summon
the jurors drawn Aforesaid. 70 attend day
specified at the oee Of said judge then and thers 70 Be-
enpanneled and 70 render just verdict in the
prescribed by law. And the probate judge shah.
several OF the property described In such cerh
cate time when such jury will meet at the Office Of
said judge for the purpose aforesaid which notice such
sheriff or coroner shall upon the party parties
therein naned at the time Of serving such Fenire; proVi-
ded, that II such non-rssdonts OF
this state or unknown, then publication Of the OBJ
ecs and purposes Of the proceedings shall Be made in
newspaper published In the county, for thirty dAy
preceding the time named such yenrs; which
tiee shall contain pertinent description Of the property
sought be appropriated and the Of the
owner owners IL the same be known aud the tae and
place Of the proceedings Ths probate judge shah have
to issue all subpenes aud all other necessary pro-
and to administer all necessary oahs In the ezeen-
See S. II shall be the duty Of the sheriff or coroner
receiving such ve-s, 20 the therein
named in the jurors summoned to at
tend the court Of pleas and uIies may bs chal
enged and vacancies In the ures filled in other
The jury shall be to well and truly assess the COM
peusation to which the be BY
OF the premises without deduction for benefits TO any Of
his or her property For good shown, OF by
Of the paree they seat In such custody
the court shall direct to view the property, the court ap-
pointing the person persons whose duty 1t shall bo "a
show TO them; but all testimony shall be given in
The state shall be entitled TO open and Close In
giving testimony, and in the argument The verdict sha
be in writing sgnedb by the jurors their foreaan bu
the court with the assent Of the jurors pat IL In
proper form. trial shall not be granted except o
misconduct OF the jury for ruling by thu
ruling Of the court in matter Of law and petition in
may be prosecuted In the district enprens court
II filed within thirty days after the rendition Of thu yer
diet but otherwise. Such petition shall not be Gle
without allowance by the district court BY the
prene court by judge thereof And the proceeding
ror not eeeng the substantial justice Of the case. Up
reversal Of the proceedings, proeedando may In
proper case be awarded. aud trial had, II thereb
commanded The probate judge sha record the oeeed
ngs in that court including the certificates ofintenton
appropriate and the proof Of its service pubeztion
y tiled In his Office ~ aforesaid.
Sec. g. After such appropriation Il made, II shall },
the duty 81 the probate judge immediately 10 make ~
the cost hill such proceedings when thu board prep
Df member thereof shall without any unnecessary delay
the and shall aAo pay the Adjudged eopsnsa
ton by drawing his upon The auditor In tho man
the party entitled To such compensation shall not call TO-
the same the auditor shall neTetheess Issue the prOps
waTTent npan the in his behalf for the same
and shalt retain such warrant until called fori and thi
money shall be taken aud held TO be deposited In th
treasury for the and bene Of he party entitled 70 th
from the date Of such warrnnt provided that in
terest shall be paid upou the eoPensation costs
aforenaid prnvded that board or the proDer mem