Year: 1859

PVbLl5 HEU BY Az Hohl Y
70 be appropriated, or in, to or over
which a use or easement is intended TO |
be appropriated TO be condemned to |
the State, and the value Of such proper /
tv, use or easement to be assessed pur- |
suant TO law. One Of said certificates |
shall be delivered 20 each Of The own
ers Of the property intended to be ap-
propriated, or In, TO, or over which an
use or easement is intended to be ap-
propriated, his or her guardian, or pub
iioation thereof made, in the same man
ner and under the same circumstances
hereinboforo provided in respect to
the certificate first herein mentioned
Another Of said 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 such service or pub
lication; and if the appropriation be
Of real property, or Of an easement in
or upon such property, and be finally
made, IL shall be the duty Of some
member Of the board to endorse upon
another Of said certificates the words
appropriation made, with the date
when the appropriation was perfected,
and 10 officially subscribe such endorse
ment and cause such certificate and
endorsement to be recorded in the re-
oorder's Office Of the county in which
the property is situate. If any owner,
his or her guardian, az aforesaid shall,
at any time before the appropriation
mentioned in said certificate shall be
made, elect to take the compensation
specified in said certificate, or, in case
of Joint ownership or tenancy in COM
mon, his or her proper proportion
thereof, the board, or member thereof,
shall cause the same TO be paid TO him
or her, or his or her guardian, and shall
take the the receipt of such owner or
guardian therefor, and upon such pay
ment all the title or right Of such own
er in or to the property, use or ease
ment appropriated, shall vest in the
State; provided, however, that in case
Of Joint ownership or tenancy in COM
mon, when some Of the owners or ten
ants elect and others do not elect, to
take the compensation offered as afore-
said, payment TO those electiug to take
may, in the discretion of the board or
the proper member thereof be withheld
until the proceedings against those so
refusing or failing be terminated, and if
upon the termination Of such proceed
ings, the. board, or proper member
thereof shall be Of the opinion that the
amount or amounts assessed, together
with those payable to the joint owner
or tenant eectiug to take the offer of
the State as aforesaid, would be too
great to Justify the intended appropri-
alton, it shall be lawful for the board, or
such member to pay the costs Of said
proceedings and refuse to make the ap-
preparation; ia which event said costs
shall be paid, and nothing 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 elec-
ton until after proceedings for an as
sessment shall be commenced as herein
after provided, he or she shall, before
receiving such compensation, if requir-
ed by the board or proper member
thereof, pay the costs of such proceed
ings, or if the proceedings be against
others as we'll as himself or herself, his
or her proper proportion Of said costs,
OF he or she may elect to let the State
pay the same, aud deduct it from said
compensation.


Section A. IF any owner or owners,
notified as provided in the next preced-
ing section, shall not within the time
specified for that purpose in the certif o.
cate mentioned in said section, signify
to the board, or some member thereof,
his, her, or their acceptance Of the com
pensation offered by said certificate to
him, her, or them, it shall be lawful for
the board, or any member thereof, at
any time after 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 service or publication
thereof, in the probate court of the
county wherein the property intended
TO be appropriated is situate, or, if the
property be tract Of real estate, stu
ate partly in one and partly in another
county OF CuuublCb3 AACA IN bNg plODdLB
court Of either Of said counties; and
thereupon, it shall be the duty of the
probate Judge forthwith TO notify the
clerk Of the court Of common pleas and
sheriff Of the county of the filing of
such certificate; and the said clerk and
sheriff shall, within one day after receiv
ing such notice, proceed to draw out Of
the box containing the names Of persons
returned to serve as jurors in the court
Of common pleas, a jury Of twelve in
the same manner that juries are drawn
for the trial of causesin the court of
common pleas, for the purpose Of esti-
mating or assessing the damages such
owner or owners shall receive by reason
Of such appropriation; and the said clerk
shall Immediately return the names of
jurors, 80 drawn, TO the probate Judge
who shall thereupon issue his venire to
the sheriff or in case Of his being a par
ty TO the proceedings, to the coroner Of
the county, 10 summon the jurors so
drawn as aforesaid TO attend on some
day specified, at the Office of said7iudge
then and there 70 be empauneled and
sworn to render a just verdict, in the
manner prescribed by law. And the
probate judge shall at the time Of issu