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

of such owner in or to the property, use, or
easement appropriated, shall vest in the
state; provided, however, that, in case of
Joint owne'ship,or tenancy in common, when
some Of the owners or tenants elect, and
Others do not elect, 10 take the compensa-
ton offered as aforesaid, payment TO those
eleellns to 'ake may, in the discretion Of the
} board or the proper member thereof, be with
held until tue proceedings against those SO
refusing or Iailing be terminated, anif, up
on The temilaion>of such proceedings, tha
bosldsor FEop ineinter ,aeleql shiil 81 s
.tlle opllilon that the amount OF einadii.s ag
sessed, together with those payable To- IA
jointow or tenant electing totake the Of.
fer OF the state as aforesaid, would be too
great to justify the Intended appropriation,
II shall be lawful for the board, or such mem.
Der, to pay the costs Of said proceedings and
refuse to make the appropriations; in which
event said costs shall be so paid and moth
ling more. And provided, further, that If
any owner, his or her guardian, electing to
take the compensation offered by the state
as aforesaid, shall fail to make that election
until after proceedings for an assessment
shall be commenced as hereinafter provided,
he or she shall before receiving such compen.
sation, ilr requiredby the board or proper mem
be thereof, pay the costs OF such proceed
ings, or IT the proceedings be against others
as well as himself or herself, his or her prop
er proportion Of said costs, or he or she may
e'e ito let the state pay the same and de.
duct 1t from said compensation.
Sec. 4. Il any owner or owners, notified
as provided in the next preceding section,
shall not, within the time specified for that
purpose in the certificate mentioned in said
section, signify to the board, OF some men,
Der thereof his, her, or their acceptance of
The compensation offered by said certificate
TO him, her, or them, it shall be lawful Tor the
board, or any member thereof, at any time
alter the expiration of the time named in
said certificate for such owner or owners to
accept the offer OF the board, to file one of
said certificates, with proof of the services or
publication thereof, in the probate court of
the county wherein the property intelded 10
be appropriated is situate, or il the property
be lract OF real estate, situate partly in one
and partly in another county or counties,
then in the probate court of either of said
counties; and thereupon, it shall be the duty
of the probate Judge forthwith to notify the
clelk OF the court oi common pleas and sher-
1T Of the county Of the filing Of sucli certif-
cate; and the said clerk and sheriff shall,
within one day after receiving such notice,
proceed to draw out of the box containing
the names oil persons returned TO serve as iu-
rors in the court ofcommon pleas, jury Of
twelve, in the same manner that iuries are
drawn for the trial Of thecases in the court Of
common pleas, for the purpose OF estimating
or naaD ha do ma ,fh
ers shall receive by reason of such appropria-
ton, and the said clerk shal Immediately re.
turn the names of jurors so drawn, to the pro.
bate judge, who shall thereupon issue his We
niTe to the sheriffor in case ofhis being party
TO the proceedings, to the coroner of the coun-
ty, to summon the jurors so drawn as afore-
said, to attend on some day specified, at the
Office of said judge then aud there to be en-
panneled and sworn to render Just verdict,
IN the manner prescribed BY law. And the
probate Judge shall, at the time of issuing
such venire, issue notice to the several
owners of the property described in such GER
tiicate, of the time when such Jury will meet
at the office o! said judge for the purpose afore-
aid; which notice such sherfor coroners shall
serve upon the party or parties therein named,
at the time OF serving such venire; provided,
that if such owner or owners are non.resi-
dents OF this state, or are unknown, then
publication of the objects and purposes Of
the proceedings shall be made in SOME news
paper, published in the county, for thirty
days next preceding the time named in such
venire; which notice shall contain peril
nent 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 subpGnas, aud all other necessary pro-
cess, and 10 administer all necessary oaths
in the execution Of this act 't't''
Sec. b. 1t shall be the duty of the sheriff
or coroner on receiving such venire, to sum-
mon the persons therein named in the same
manner as jurors are summoned 10 attend the
court oil common pleas; and jures may be
cha allenged and vacancies in the juries filled
as in other cases. The jury shall be sworn to
well and truly assess the compensation 10
which the owner may be entitled by reason
of the premises, without deduction for bene-
fits to any ofhis or her property. For good
cause shown, or BY consent OF the parties,
they may u sent in such custody as the
court shall direct, TO view the property, the
court appointing the person or persons whose
duty il shall be to show it TO them; but all
testimony shall be given in open court. The
state shall be entitled 10 open and close, in
giving testimony, and in the Augment
The verdict shall be in writing, signed by
the jurors,or their foreman but the court, with
the as sent Of the jurors, may put it in prop
er form. A new tfial shall not be granted,
except for misconduct oil the jury, or for an
ruling by the court. Exceptions
may be taken, as in other cases, TO any rul-
ing Of the court in matter of law, and petit
lion in error may be prosecuted in the dis
rict or supreme court, if filed within thirty
lays after the rendition OF the,verdiet, but not
otherwise. Such petition shall not be fled
without an allowance by hedislrict court or
BY the supreme court, OF a Judge thereof
And the proceedings shallnol be reversed for
lny error Of form, or other error, not affecting
he substantial justice Of the case. UTOii
| reversal of the proce edipgs, pIecedendo
nay, in proper case, be awarded, and new,
rial had, if thereby commented. The pro-,
,ate judge shall record thtproceediugs in that
ourt, includin g the teltiicale Of Intention.
o appropriate and the poof OF its service or
publication. fled iu his Vflice as aiolesaid.
Sec. 6. After such appropriation is made,
I shall be the duty Of lie probate Judge I'M
10 make mp The cost bill Of such
proceedings. when the board, or proper mem-
er thereof, shall, without any Innecessa saIy