The weekly Portage sentinel. [volume] (Ravenna, Ohio) 1854-1861, 1859-08-31
RAVENNA, WEDNESDAY, AUGUST 81, 1850

MEMBER having special cnarge OF the DIVISION
where the property was taken) of such un.
willingness, and II the board, or said member,
and the owner cannot agree upon the com.
pensation to be paid, the owner may at any
time afterwards, within said year, file in the
probate court Of the county wherein the prop.
erty taken was situate when taken, or, if it
was tract of land situate partly in one and
partly in another county or counties, then in
the probate court of either Of said counties,
one Of said certificates, or a copy thereof,
(Which copy shall be furnished to him or her
by the board, or proper member thereof, il
demanded,) and require the judge Of said pro-
bate court to empannel jury and TO issue q
venire for them in the manner hereinafter
provided in section four which venire shall
be served and returned as provided in said
last named section. Before such venire
sh all be issued, the owner shall notify the
board, or proper member thereof, when it
will be issued. Upon such venire being is.
sued, the same proceedings shall be had, so
| fer as the same may be applicable and prac.
the qualifying of the jurors, the power to ad-
minister oaths or sffirmations, the making
and return of awards, conduct of trials, re.
turn of verdicts, exceptions or petitions in
error, and all other matters as are hereinafter
provided in respect TO cases not of public
exgency. In cases other than those Of pub
lie exigency, os aforesaid, the proceedings
shall be as follows the board, or some mem
ber thereof shall make and officially sub.
scribe as many certificates in all respects
alike, as may be necessary, stating: First.
The intention Of the state to appropriate the
property, use, or easement, describing it as
fully and accurately as would be necessary
in conveyance, and also stating the
name OF the owner or owners thereof
Secondly. The specific sum of money that
the state is willing to pay therefor, which
shall be such sum as the board, or the
member having special charge of the work
for which the appropriation is to be made,
shall deem reasonable. Thirdly. That il
the owner or owners do not, within time
to be specified in the certificate, (Which time
such board or member may fix. allowing a
reasonable period after service or publication
of the certificate, as hereinafter provided, }
accept said sum as full compensation for such
property, USE or easement, then, after spec.
flied day the state will cause the property
intended to be appropriated, or in, to or over
which an use or easement is intended to be
appropriated, to be condemned to the state,
and the value Of such property, use, or ease.
ment to be assessed pursuant to law. One
of said certificates shall be delivered TO ach
Of the owners of The property intended to be
appropriated, or in, TO, Or over which an use
or easement is intended to be appropriated
his or her guardian, or publication thereo
made, in the same manner and under the
same circumstances hereinbefore provided
i in respect to the certificates first hereir
mentioned. Another Of said certificates shal
be flied and preserved in the Office of tn,
board, with proof of the service of pubica
tion thereof, showing the date or dates o
such service or publication and if the ap
preparation be OF real property, or of an ease
ment in or upon such property, and be final
y made, it shall be the duty of some mem
Der of the board to endorse upon another o
said certificates the words "appropria,ior
made," with the date when the approp priatior
was perfected, and 10 officially subscribe
such endorsement and cause ouch certificate
and endorsement to be recorded in the re
corder's Office OF the county in which th
property is situate. Ifany owner, his or he
guardian, as aforesaid, shall, at any time be
fore the appropriation mentioned in said Ger
tifcate shall be made, elect to take the com
pensation specified in said certificate, or, il
case of joint ownership or tenancy in com
mon, his or her proper proportion thereof
the board or proper member thereof, shal
t cause the same to be paid to him or her, o
his or her guardian, and shall take the re
ceipt OF such owner or guardian therefor, an
upon such payment all the title or right O
, such owner in or to the property, use, o
easement appropriated, shall vest in tn
state provided, however, that, in case O
joint ownership or tenancy in common, whe
r some of the owners or tenants elect, and 9th
r ers do not elect, to take the compensation
! offered as aforesaid, payment to those elect
!, ing to take may, in the discretion of th
i board or the proper member thereof, be with
e held until the proceedings against those 6
,. refusing or failing be terminated, and if, up
. on the termination of such proceedings, tn
. board, or proper member thereof, shall be Q
q the opinion that the amount or amounts as
6 sessed, together with those payable to tn
/ joint owner or tenant electiDg to take tn
v offer of the state as aforesaid, would be to
v great to justify the intended appropriation
e it shall be lawful for the board, or such men
/. Der, TO pay the costs of said proceedings an
e refuse to make the appropriations (; in whic
il. event said costs shall be SO paid, and nothin
!. more. And provided further, that if on
r owner, his or her guardian, electiDg to tax
= the compensation offered by the state g
}. aforesaid, shall fail to make that electio
n until after proceedings for an assessmer
n shall be commenced as hereinafter provided
i he or she shall, before receiving such CON
e pensation, if required by the board or prope
IS member thereof, pay the costs Of such pre-
e ceedngs, or if the proceedings be again'
a others as we'll as himself or herself, his {
;. her proper proportion of said costs, or he {
d she may elect to let the state pay the sam
e and deduct 1t from said compensation.
!. Sec. 4. II any owner or owners, notiie
v as provided in the next proceeding section
}, shall not, within the time specified for tht
e purpose in the certificate mentioned in sal
e section, signify to the board, or some men
:. Der thereof his, her or their acceptance {
Ir the compensation offered by said Certifical
n to him, her or them, it shall be lawful for tn
n board, or any member thereof, at any tim
i. after the expiration of the time named
d said certificates, for such owner or owner
u to accept the offer of the board, to file on
d of said certificates, with proof Of the serviC
Y or publication thereof, in the probate cou
j, of the county wherein the property inten'
" ed to be appropriated is situate, or, if th
70 property be a tract Of real estate, situa,
is partly in one and partly in another count
or counties, then in the probate court
II either OF said counties |; and thereupon,
:. shall be the duty of the probate Judge forti
}. with to notify the clerk Of the court Of con
}. mon pleas and sheriff of the county of u