The Cadiz Democratic sentinel. [volume] (Cadiz, Ohio) 1854-1864, 1859-05-25

tendeuts, sgcnts or enguieers, ana a
rights thereto, OF 10 such temporary use,
shall immediately vest in the state. In all
cases the appropriation shall be
made bythe board or ofthe members
thereof In such case OF public extm-
geucy, ifthe property be immediately
seized without first paying for the same,
shall be the duty of the board, or
some one of their members, gf the COM
pensation to be paid therefor be not
agreed upon with the owner,) without
delay 10 make and officially subscribe as
many certificates, in all respects alike,
as many ma he necessary, containing;
First: A description of the property so
taken, with the time or times when Ia
ken, and whether taken absolutely or for
temporary use, and ifthe latter, the *
tent of the use, and the name or the
names of the owner thereof. Secondly:
An offer on behalf of the state to pay
therefore a specific sum o money, being
such sum as the board,o or their member,
Shalldeem reasonable; n OF which GER
tificates shall be delivered to each OF the
owners OF the property so taken, II resi-
dent within this state or lett at his or
her usual place Of abode therein, prorl-
died that ifany owner be a minor, idiot,
or insane person. having a guardian res
ilcnt within this state, service for SAID
certificate, in manner aforesaid, shall be
made on such guardian, which shall be
deemed good service upon the ward
But if any owner or guardian reside
without this state, or his place Of resi-
deuce be unknown TO the board,th no
tice to him or them may he given either
by personal service of such certificate,
or BY publishing the same for four con
secutive weeks in some newspaper of
general circulationin the comfy wherein
the property was taken. One OF said GER
tificatcs, with proofotitS having been SER
we'd or published as aforesaid, and the
date ofsuch service or publication, shall
be filed and preserved in the office OF
board. IfHny owner, or his or her guar
dian as aforesaid, shall at any time after
the seizure Of his or her property as
Aforesaid, and within one year after the
service of the certificates as aforesaid,
or its last publication as aforesaid, us the
the case may be, elect to take the sum
of money so offered, or, in case of joint
ownership or tenancy in common, his
or her proper proportion thereof, the
board or the proper member therot shall
pay, or cause to be same to him or her,
and shall take Therefore areceipt specify
ing on what account the same is paid:
and such payment shall discharge all
claims of such awner against the state
by reason Of the premises. But 1t he or
she shall be unwilling to accept said of
fer of compensation, he or she may,
within the year atorsaid, notify the
board, or the proper member thereof,
(namely, the member having special
charge of the division where the prop
cry was takcn,) Of such unwillingness,
and if the board, or said member,
and the owner cannot agree upon the
compensation to be paid, the owner
may at any time afterwards, within sud
year, file in the probate court of the
county wherein the properly taken, or,
itit was IL tract ofland situate partly III
and partly in another county or coun-
ties, then in the probate court Of either
Of said counties, one Of said certsticates,
or a copy thereof which copy shall
be furnished to him or her dy the board,
or proger member thereof,ifdemanded,(
and require the Judge of said probate
court to empanel a jury and to issue a
venire form the manner hereinatterpro
videdin section four;which venire shall be
served and returned rs provided in said
last named section. Before such venlrC
being issued, the same proceedings shall
be had, so far as the same may be appIi
cable and practicable in respect to the
filing Of vacancies, the qualifying of the
jurors, the power to administer oaths OF
atiirmations, the making and return o.
wards, conduct of trials, return of yer
diets, exceptions or petitions in error.
and all other matters, as are hereinafter
provided in respect to cases not OF pub
lie exigency. In cases other than
those of public exigency as aforesaid.
the proceedings shall be as follows: the
board, or some member thereof, shall
make and officially subscribe as many Ger,
titicater, in all respects alike, as may be
necessary, stating: First. The the inten.
ton of the state to appropriate the prop
erty use, or easement, describing it as
fully and accurately as would be neces-
sarv in a conveyance, and also stating
the name Of the owner or owners there,
of. Secondly. The specific sum OF
money that the state is willing to pay
therefor, which shall be such II sum as
the board or the member having special
charge of the work for which the appro-
p%riation is to be made, shall deem rea.
sonable. Thirdly. That il the owner
or owners do not, withinatim tobe espe-
cifiedi in the certificate, (Which time such
board or member may fix, allowing area
sonable period after service republication
Of the certificate, as hereinafter provi-
ded,) except said sum as full compensi.
ton for such property use, or easement,
then, after u specified day the state will
cause the property in tended to be appro-
priated, or in, to or owe which an use
or easment is intended to be appropria-
ted to be condemned to the state, and
the value such property, use, or ease
ment to be assessed pursuant to law
One ofsaid certificates shall be delivered
to each of the owners o fproperty inten.
ded lobe appropriated or in, to, or over
which an use, or easement is intended
to be appropriated, his or her guardian,
or publication thereof made, in the same
manner and nnder the same circumstan-
ces h~erinbcfore provided, in respect to
the certificates first herein mentioned
Another ofSaid certificates shall be filed
and preserved in the Office Of the board,
with proof Of the service or publication
thereof, showing the date or dates OF
service or publication; and if the appro-
priation be Of real property,orot an ease
ment in Or upon such property, and be
finally made. ii shall be the duty of some