American Lancaster gazette. [volume] (Lancaster, Ohio) 1855-1860, 1859-06-02
ESTABLISHED IN 1875

rate Nlth the use 10 b. made thereof may
e sREISgtsis,s SGSS sgs sssi1%. . K gsIsA
Ia q had hersinHasf JFSsii shall vest in the
state. when aLreaeb. other injury or Obstruction \
s,s ss1i sss s orsS; ofI1s pS5Ie SSlEs % mich term
ohiy the Inaih wofks. bot also all otcr
wOrkS. strnctarss % devices connected uiI spPar
tDnaut therrtO shall apes. % NIstsgr 10 ~ I'M
mediate danger o. happening, or when saeh breath,
injury obstruction. danger thefeOf Hhsi oeenrf
10 any work iH process OF eoHstrueton, aud repairs
protection shell be nscessaTy for The pFeseTS1tO
restoration Of the such all and singu
lar. shall be deemed esses Ofpuhic eIigeBey Jnsii-
Ding the Immedinte seizure o. pnrase pfePeuH 70
repair or protect such worts OF TO he used ReTma-
Senuy ortempOrariiy. as pIaees of dopost of m.te-
rails foT those purposes q q mailer Tein2yselp R
ses pro yIded for BY This act. eptnpyBsl0n fer The
property 10 be appropriated shalt est be made in
money q hrst sssS.sd sIA .asT9sit ofL noHsy' a
See ,. Thesnads of makiR appTopr prAiIOns un5er !
this shalt be follows: ina ease or pnbte ext
geDey. defined IN the preceding section. the pIi-A
Vate property necessary 10 repair protect the pub
| lie work may te seized either absolutely or for a
Temporary purpose, by ~ bAa "a sfOresa4 either
@ss are Sy SSs ssd II lie % frhis h~o Or
10 such TEN porary shall INN ately vesi In ihe
state. In all other cases the appropriation shall fe
Insaeh ease fpablie eHigeRey. ff the properly be
Immediately Sc zed without Arst pa ing h'r The same
II shall be Inc duty of the board ofihetr
members. Or the compensation " he paid Therefore
he not agreed pom with the oWnef.l II5out delay
N max and OfciAliy sDbseribe many certificates,
in all respects alike, as may be necessary eon-
tanning: First: description Of the property 20 ta-
KEN with e time oTtitnes when taken and whether
taken absolutely or for temporary use, and u The
latIer the extent the use and the name or names
Of the owner thereof Secondly: An offer on the
part ofthe state 70 pay therefor specific sum OF
money. being sBeh snm - the board. o. their mem
Der shall deem reesOnablel OF which eert aeatss
shall be delivered 10 each OF The Of the pFoT
eTy taken ifresdent within this state. or LEFT AZ
his or her usual place. Of abode therein; provided,
r fraa
bayIng guardian reside within this state. service
0f said certificate, In manner Aforesaid shall be made
on such guardian. which shall he deemsd good ser
vice npon the ward. Bui IL any owner or guardian
reside without this state. his place Of residence be
unknoWn IN the hoard, then notice TO him or them
iieate or by the same for four eonsecu.
! tive weeks in some newspaper OF general eireuIa
tiOn in the county wherein the property was taken
One Of said certificates. with proof of having heen
served or published as aforesaiA. and the date nj
such service publication. shall he hled and pre-
. served In the Office ofihe board. II any owner, OF
his or her guardian AFORESAID ahall a any time a.
ter the seizure Of his or her property IS Aforesaid
and within yearafter The service Of The esTtf-
Gates h aforesaid Its lsst publication A. aforesaid
s the ca ma be, elect TO take the sun % money
90 offered. or. In OF Joint Ownership or tenancy
in common. his or her proper pF0p0rton thereof.
the board or The proper member thereof shall Jay,
or ean.c the "a me 10 be paid 10 him her. and shall
a take thereof receipt specifying on What SeeouDt
the same is paid: and such payment shal discharge
all claims of such owner against the state by reason
Of tho pre mises. But II he orshe shHil he nliR
J. IN accept said offer Of eompensaioHh he otshe nay
II within the year aforesaid notify the board OF the
proper me nIber thereof. (namely. fhe meRber hav
ing special charge OF the division whore the proper
&c ~ was tAken.) Of such INV ihDgDess. and - th'
10 board or said member, and the owner cannot agree
N upon he compensation TO he paid. the owner may
10 any time afterwards, within said year. die In tn
probate court of county wherein the property take
)i situate when tax en- or. " II was tract Of lam
IN situate partly In aud partly in another fnun
.y counties. tkrn in the probate court Of either
said enunties of said certificates or copy there
haf nd tO haR Ia
OF the board or proper member thereof, II demanded
L. and require the Judge OF said probate eous TO an
Psnsla jury TO ..us Tenire ,er them 70 sss man
re ire shall be served and returned provided In sai
Last named section. Before such venre shall be is
a. sued the owner shall notify ihe board pTope
member thereof when II will b. issued. Upon hnr
venIre being issued the same proceedings shall
ne had 50 far the same may be applicable unf pras
ticable in respect TO the 6llng Of vseanre les th
ay qualifying OF the jurors, the power N administe
aaths or aiirInatione. the making ahd retnrn of
wards, conduct Of trials return o. yerdcts eSceI
tions petitions IN and all other Matters
nt are hereinaer provided IN respect 10 eases nos
n public exlgeney In cases other than those of pub
~ iie ex penney ~ aforesaid. tho proceedings shall
ss follows: the board or some m embe thereof shn
I'd make and officially Subscribe many certificates.
all respects alike. rs may be neressary. statire
First. The intention cf the stsie to appropriate tn
property. use, or easement describing II rs fall
nRd accurately would be necessary IN convey
anee and also stating the nam Of the owner or ow
g. ners thereof Seeondly The specific sum OF NOR
ev that the state is willing 10 pay fheTefoF. Nhe
shall be such ~ the board. or the membc rSn'
ing speeiai charge Off work tor which The anpt'
nTiation IA 40 Le made. shall deem reasonable,
Thirdly. Thatifihe owner or owners do not. With
al time be specified in the certificate (Which tI
. snch board or member may hK. alloWingih TeAsoH
e bls period after service0 puhltraon OF the cer
cate. as herei hafter provided.l aeesta eaid sum
Is full compensation for sneh property. use or eas
M mem. then. after specified day the STATE will eau
- the property intended TO be appropriated. or in :
On over which an use or easement Is Intended "
OF appropriated. to be condemned 70 the State and
An eaar
q, ed pnrsuaut to law. One Of said certificates shall
i'' delivered to each ofthe owners Of the pTopery
les tended 10 be appropriated in. to over viii
3D. an use easement Is intended to be appropriate
10 his her guardian, publication thereof made.
= | the same manner and nader the same oireumstane
y" provided in respect te the cerifcai
by nrst herein mentioned Another ~ said ceriihcat
lb- shall be filed and preser ed 10 the oee ofth boa
bv with proof of the service OF pubIicatOn there'
y! showing the date dates OF such service. or Pu
on lcaon, and IL the appropriation be ofreal proper
in oE of an easement IN or upon such property ahd
finally made, IL shall be the duty ofsome member
the board 10 endorse upon another Of said certaca
&C. the word appropriation made, wihthe date VIII
the appropriation perfected and "a officially
. scribe snch endorsement and cause such eer
: icaic endorsement 10 be recorded In the rcei
ders Office Of the county in which the properly Is
ate. II any owner, his or herguardsn, as aforess
shall at an time hefOFe the appropriation mentia
ed in said certificate shall be made elect IN take
CON pensatiOn specHedi Ia said certificate, or. i ca
ofjoint ownership Or = nancy 70 eo,Snon: ms eI
Der the reof shall cause the same to be paid 10 "
IF or her, his her guardian, aud shall take the
rks eeipt ofsueA owner o. Guardian theTeior ana nP
md such payment all the title or right OF such owner
in orto the property. nse, or easement appropriate
And shall vestiu The state: provided, h"weSer h'lt
o. case ofjpnt ownership or tenancy In coH,mop, vh
nd some or the owners tenants elect. aud oilers
uc mot take the compensation offered as afr
ira said payment 10 those eleclug to take may. ln
nts discretion nf the board or the proper memberthe
ses Of be withheld nnol the proceedings aeninst h'
ave refusing or failing be terminat,a, and upen
the termination 10 such proceedings. the board "rpr'
Dw- or mem ber thereof shall be Of the opnOa that
not amount or amounts Assessed, together wlh IN
payable to the joBtOwner tenant eeelipe % u
the The ole Of the slate aforesaid would ~ Ion gr
BILE 10 justify the Intended appreciation. II shan he "a
be fu for the board such member ~ pay the eosti
th. said proeeedngsan aud refuse 10 make The aPprapI
md ton in hieh event said costs shall be paid
'er- nothing more. Ard provided, fuIther. lhat hi
the owner hs her eieetlnS to take tho e.
rec pensauon oHered by the etate asaoresaid' thal
fer to make that eleeti6p until after proceed ngs for
by assessment shah be commenced as hereinafter
the vded, she shall before rerieving such cotls
,ail EaiiOn, II required by the board oFpraper mem
Der thereot.puy the costs Of such proceedings. or
lin proceedings be against eihers a. well a. hmsell
AXE herse is or her proper proportion Of sziI cost
b lie or she may elect 10 Ita the state pay the same
any deduct u from said computations afl FG y
me sse lfapy owner OF qY 9srs, gotihea as Prf
ter the time specified foE tant purpose inihe eertiae
eys mentioned in said section, signify 30 tho hoar
ex- some member hereo fhis her their acceptance
ieir the com pcnsaon offered by said certificate
her, them, " shall be AWFUL for ibe board, or
ted any time amor the expiration
ion the time named In said certificate for such owner
be ownersto accept the oT Of the board TO ME ons
ally said certificates with proof Of service or pubea
yhts thereof in the probate court Of the county Eher
per the property intended to be appropriated . sliua
led, n the properly be ttAet o. real estaie STU
or ee then iB the probate eourt OF either Of sad
or ties and ID II shall be the duty ot the
rein batetudge forthwith 70 noify tne CLERK OF tne CO