The Perrysburg journal. [volume] (Perrysburg, Ohio) 1853-1861, 1859-08-18

fr.
thcrcio provided, tges az owner be nlnor idiot,
Or insane reron hpsiig "a gphrdn fe'idont in
this state service ofen tihuato, IN mapncr alorc-
said shall he made on such guardian, which SHAH bo
deemed good service upon the ward. But It any own.
or or guardian reside without this state. or ~ place
OF residence lg unknown to the board, 'heh notice 10
him cr them mnl be given either by personal service
Of such hcntc, or by publishing the same Tor four
con,ccutvo week in somc psr Of general cir
cuiti,n In the county wherein the property va, sn'
ken. Ouc ct Said cetihcacs with proof ofits having
been served pubsed rs niorcsaid, and The date of
such service publication. shall be filed and pre-
served IN the Office of the board IL auy owner or his
or her euardtn. slDresaid, shall At any time after
the seizure OF lis her property "a Aforesaid, aud
within one ycnr after the service Of the certificate,
aforesaid or It's last publication as aforesaid. as tho
cusc may be, elect 10 take the sum of money offer
ed. or n case OF Joint owacrep or tenancy in com
uon hi, or lcr proper proportion thereof, the board
or the pt0pcr mtinber thereof shall puy cause tic
same 90 bu paid to him her, and shan take therefor
receipt specify on what uCcount the same IL paid;
and such payment shall discharge all Gaims OF such
owner against he state by OF the promises But
II d or she be unwilling TO accept said 0ucr {" con-
UenslOr, he or 5hO may, within tho year aforesaid,
notify the board, or tho proper member thereon,
(nomrly the member having special charge of the di
vision where the property was takcn) of such unw-
lingnc-s. and " tho bOurd, or tho said member uud
the owner cannot agree upon the compCnsatOn TO be
paid tho owner may nt any time afterwards within
said year. Gle in the probate court OF the county where.
in the property taken was situate when taken; Oriii
was tract OF land situate partly In one and partly in
alphor county CouutCs then in the probate court
Of either OF said counties, one or sald certificates
copy thereof, (Which copy shall be furnished TO him
or her board or'propor member thereof, fdcmanded)
aud require tho Judge Ofsaid probate court to cmpan
al jury. and To issue ytnrc for them int he mmnet
hereinafter provided in section four; which vcniro
shall he served and returned ns provided in said last
named section Before such yUniro shall be issued.
the owner shall notify the board or proper member
thereof whpu IT. will bc issued Upon such venirc
beng issued. the same proceedings shall be had, 80
far ~ tho sapc may he applicable aud practicable in
respect to filling vacancies, tho qualifying ofjurors,
the power TO administer oaths or ullirmations the
making ana return OF awards, conduct of trials, re
turn OF Ncrdicts, exceptions petitions in error and
all other matters as hereinafter provided in respect
to cases not Of public cNgcncy. In cases other than
those OF puJlic eNgcncy, as aforesaid, the proceed
ngs shall bL HS follows: the board, or some member
thereof shall make and olicillly subscribe many
certificates, IN all respects alike Us may he nccessa
~ stating! FHst, the intention Of the state TO appro
princ the prOpcrt use or caSlent describing IT rs
fully ana accurately as would bU necessary in u con-
ycyaucc, aud also stating the name Of the Owner or
owners thereof. Second, the specific sum of money
that the state X willing to pay therefor which shall
ho such sum rs tho board or the member having
the special charge of the work for which the appro
priation is to be made, shall deem reasonable Third.
ly that ii tho owner or owners do not within time
TO be spccih ld in the certificate, (Which time such
board or member may tN, allowing II reasonable pc
rod after service or publication OF the certificate,
hereinafter providedD accept said sum rs full com
pcnsalon for such pro! crty use Vr casmcnt thenaf
ter specified dny, the state will cause tho property
Intended to be appropriated. or in, to or over which
nn onsment Is intended TO be appropriated, his
or her guardian, or publication there made in tho
same manner and under the snme circumstances, here
nbeiore provided, in respect to the certificates first
herein mentioned Another OF said certificates shall
be filed and preserved in the Office Of the board with
' the proof ofscryco or publication thereof, showing
the date or dates of such service publication and
" the appropriation be Urrodl property, Of an
= mcnt in or uron such property and be finally made
it shall bo the duty otsonc member OF The board TO
endorse upon another OF suid certificates the words
appropriation made" with the date when the nppro
priaion was perfected and to subscribe such endorse
, mcnt and cnuso sach certificate and endorsement to
tt berccordod in tho recorders oOco of the county in
which the property Is situate. funy owner his orher
guardian, aforesaid. shall at any timo before the
appropriation mentioned in said certificate, shall be
made elect to take the compensation specified in said
certificate, or iucase ofjoint ownership tenancy in
= common, his or her proper proportion thereof
q the board or proper member thereof shall
= cause tho Same TO be paid to him or her or his
Gr her guardians, and shall take the receipt of such
owner guardian therefor. and upon such payment
all the title or right of such owner in or to the prop
crtN use or eOsmcut appropriated, shall vest in the
state, provided however that in case OF joint owuer
ship or tenancy in common,when some of the owners
or tenants elect and Others do not elect to take the
compensation offered as aforesaid. payment to those
electng to take may in the discretion ol the board or
the proper member thCrCoC Cbe withheld until the pro-
cecdngs against those refusing failing TO be tor
minned and ifupOn the termination OF such proceed
, iuEs against those refusing failing bo termna-
ted nnd IT, upon tho termination of such proceedings,
the board or proper member thereof shall be of the
opinion that the amount or amounts assessed ogeth
II CT with those payable TO the joint owner or tenant
Il elecng TO take the ote of the state Aforesaid,
would be too great to justify the nten ded appropra
ton, il shall be lawful for the board, such member
TO pay tho costs Of said proceedings and refuse to
$ make the appropriation; in which event. said costs
shall be paid, and nothing more Aud provided, fur
thcr that II any owner his or her own guardian cleo
ting 10 take the compensation offered 10y tic state as
Aforesaid shalt fail % make that election unit il after
proceedings for assessment shall b. commenced. as
n hereinafter provided ho or she shall before receiving
# suoh compensation elured by tho board prop
momher thereof, pay the costs OF such proceedings
orito proceedings be against others rs well HIM
II mse OF h'rsel h's or her proper proportion ofSad
COSTS Or he or dc may elect to let the state pay thc
Ii same, aud deduct 1t from said compensation.
Sec. 1, Ii any owncr or owners, notified as provi-
u dcd in the next preceding s0ction shallnot within
the time specified for that purpose in the certificate
:, mentioned IN said section, signuy TO the board or
some member thereof his her. or their Gco ptance OF
. the compensation otltIcd 10y said certificate TO him.
hc, or them, il shall he lawful for the board or any
. memhcr thereof ut any time after the expiration OF
Ithe time named IN said certhcatc tor such owner OF
owners to accept the oCr uf the board to file OF
" said certificates, with prootof the service or puhca-
~ ton thcreo in the probate of the county where.
in the property intended to be appropriated is situate
or the property be tract trca estate, situate part
= ~ In one aud partly in another county or counties
theu IN the probate court OF either of said counts, =
and ucroUpon, II shall be the duty of the probate
" Judge forthwith 10 notify the clerk ot the court OF
= common pleas aud sheriff OF the county of the filing
of such certificate; aud the said clerk aud sherN shall
II within one day after receiving sach notice proceed
,l to draw out of the box cUntang the names Of per-
sons returned to serve rs Jurors the court of com
j. muU peas, jury ~ twelve IN the same manner thA
ureS are drawn Tor the trial OF causes in the court OF
l. common pleas fer the purpoSo of estimating or as
c SCSspg the damages such owner owners shall
ceyc by reason oG such Appropriation; and the said
n clerk shall Immediately return the names OF jurors
drawu To the probate Judge who shall issue
his yeu're TO the sheA or in case of his being party
e to tho proceedings 20 the coroner of the county, tI
"a summon the Jurors SO drawn, aforesaid, to tend
N on day specified at the orc OF said judge, thea
l. snd there TO he ompauutled aud sworn to render a
'r just Verde, in the manner prescribed by law AnJ
4. the probate judge shall at the the tine of issuing
Ss suCA Nrulru, Issue notice 10 the several owners
ut the property described in such certificate OF the time
IN when such jury will meet at the office OF said judge
In Tor the purpose aforesaid which notice such sherit
H. or coroner shall serve upon the party parties there
In named at the time ot serving such yenre provide,
that u such owuCr or owners a non residents Ot th
no sAte or are MnMMAMM lhnn nMhrninn of the nheNl