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

Ot the owners or tenants elect, and 9TH
ers do not elect, to take the compensa-
ton offered as aforesaid, payment to
those electing to take may, in the discre-
ofthe board or the proper member there
of, be withheld until the proceedings
against those SO refusing or failing be
terminated, and it, upon the termination
OF such proceedings, the board, or prop
er member thereof, shall be of the opin-
ion that the amount or amounts assessed.
together with those payable to the JOINT
owner or tenant electing to take the offer
state as aforesaid, would be too great to
justify theintended appropriation it sha,i
be lawful for the board, or such member,
to pay the costs of said proceedings aud
refuse to make the appropriation;in which
event said costs shall be so paid, and moth
ing more. And provided, further, that If
any owner, his o her guardian, electing
to take the compensation offered by the
I state as aforesaid, shall fail to make that
election until after proceedings for an as
sessment shall he commenced as hereinaf
terproyided he she shall before receiving
such compensation, if required by the
board or proper member Thereof, pay the
costs of sach proceedings, or it the
proceedings be against others AZ well ms
himself or herself, his or her proper pro-
portion of said costs, or he or she may
elect to let the state pay the same and
deduct it from said compensation.
Sec, 4 If any owner or owners, mott
fed as provided in the next preceding
section, shall not, within the time speci-
fed for that puaposc in the certificate
mentioned in said section, signify TO the
board, or some member Thereof his, or,
their ofthc compensation offer
ed by said certificate to, her, or them,
it shall be lawful for the board, or any
member thereof, ut any time after the
expiration of the time named in the GER
tificate for such owner or owners to ac-
cept the offer of the board, to file one
of said certificates, with proof Of the
service or publication thereof, in the
probate court of the county wherein
the property intended to be a%ppropria-
It'd is situate, or, if the property be a
tract of real estate, situate partly III one
and partly in another county or com-
ties, then in the probate court Of either
of said counties; and thereupon, it shall
be the duty of the probate Judge forth
with to notify the clerk Of the court OF
common pleas aud sheriff of the county
to the filing Of such certificate: and the
said clerk and sheriff shall, within one
day after receiving such notice, proceed
to draw out of the box containing the
of persons returned to serve as jurors in
the court Of ommon pleas, a jury OF
twelve, in the same amer that lurles are
drawn for the trial Oh cascs in the court
of common, pleas for the purpose of eSti-
mating or assessing the damages such
owner or owners shall receive by reas-
on ofsuch appropriation; and the said
clerk shall Immediately return the names
of jurors, so drawn, to the probate
judge, who shall thereupon issue his
vcnire to the sheriff, or in case Of his
being a party to the proceedings, to the
coroner of the county, to SUMMON the
Jurors so drawn rs aforesaid, TO attend
on some day specified, at the office of
said Judge, then and then to be empan-
neled and sworn to a render a just ver-
dict, i'll the manner prescribed by law.
And the probate judge shall, at the
time of such issuing ~venire, issue a notice
to the several owners of theproperty de-
scribed in such certificate, Of the time
when such jury will meet at the office
of said Judge for the purpose aforcaid;
which notice such sheriff or coroner
shall serve upon the party or parties
therein named, at the time of serving
such %venire: provided; that if such own
er owners are non-risidents otthis state,
or are unknown, then publication of the
objects and purposes of the proceed
ings shall be made in some ~newspapa-
per, published in the county, for thirty
days next preceding the time named in
such v%enire; which notice shall contain
: a pertinent description of the property
sought to be appropriated, and the
name or IN 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 sub
ppnes, and all other necessary process,
and to administer all necessary oaths in
the execution Of this act.
Sec. +. 1t slNil be the duty Of the sheriff or cor
onar, on receiving such yenire, to summon the per.
sons therein named in the same manner as jurors
are summoned to attend the court of common pleas;
and jurics may be challenged and vacancies in the
iuries filled as in other cases. The Jury shall be
sworn to well and truly asses the compensation to
which the owner NAV be entitled by reason of the
premises, without deduction for benefits to any of
his or her property. For good cause shown, or
by consent of the parties, they may be sentin such
custody as the court shall direct, TO view the prop
erty, the court appointing the person or persons
whose duty it shall be to show it to them; but all
testimony shall be given in open court. The state
shall be entitled to open and close, IN giving tcsti'
mony, and in the argumct. The verdict shall be
in writing, signed by the jurors or their foreman;
but the court, with the assent Of the jurors, may
put il in proper form. 4 new trial shall not b.
granted, except for misconduct of the jury, or for
an erroneous ruling by the court; Exceptions my
be taken, as in other cases, to any ruling OF the
court in matter of law, and n petition in error may
be prescribed in'the district supreme court, if filed
within thirty DAYS after the rendition of the YER
dict, but not otherwise. Such petition shall not
be filed without an allowance by the district court
or by the supreme court, or a Judge thereof. And
the proceedings shall not be reversed for any err
ror Of form, or other error, not affecting the sub
stantial Justice of the case. Upon a reversal Of the
proceedings, a proccdcndo may, in a proper case,
be awarded, and a new trial had, If thereby com
manded. The probate Judge shall record the pro-
ecedings in that court. including the certificate of
intention to appropriate, and the proof of its SER
vice or publication, filed IN his office as aforesaid.
Sec. q. After such appropriation is made, il shall
be the duty Of probate judge Immediately to make
up the cost bill of such proceedings, when the
board, or proper member thereof, shall, without
any unnecessary delay, pay the same, and shall al
so pay the a~djudged compensation by drawing his
warrant upon the auditor in the manner prescrib-
cd BY law, in favor OF the proper party; and il the
party entitled to such compensation shall not call
Tor the same, the auditor shall nevertheless issue
the proper warrant upon the treasury in his behalf
for the same, and shall retain such warrant until
called for; and the money shall be taken and held
TO be deposited in the treasury for the usc and
I benefit Of the party entitled to the same, from the
date Of such warrant; provided, that no interest
Shall be paid upon the compensation or costs as
aforesaid, Provided, that the board or proper
member thereof, may, at their option. pay the
costs aud refuse to make the appropriation, ii in
I ,Ia;,, 81. ~, INDIGNANT tho Pompangatiou aeeasucd