Year: 1859

then, after n specified dav the state will eaus,


the property intended TO be be appropriated. o.
| in To, or over which any use or easement is in
tended to be appropriated. to be condemned t,


the state. and the value of such property, use. O
| easement To be assessed pursuant TO law. One
of said certificates shall be delivered tO each O


the owners OF the property intended to be aP
propriaied. or in. To. or over which an Use, Ol
easement is intended 10 he appropriated, his Ol


her guardian, or publication thereof made, in th,


same manner and under the same circumstance.
hereinbefore provided. in respect TO the certi
hcates first herein mentioned Another of said
certificates shall be filed and preserved in tho
office of the board. with proof of the service Ol


publication thereof. showing the date or date:
of such service or publication; and ifthe apprO-
priatiOn of real property, or OF an easement IN
or upon such property. and be finally made. il
shall be the duty fsOme member ofthe board tC
endorse upon another of said certificates the
words appropriation made. with the date


when the appropriation WAS perfected. and tC
officially subscribe such endorsement and causC
such certificate and endorsement to be recorded
in the recorders office of the county in which
the property is situate. lfany owner. his or heI
guardian. As aior, said. shall. at aav time before
the appropriation mentioned in said certificate
shall be made. elect 10 take the compensation
specified in said certificate or, in case Of joint
ownership or tenancy III common, his or hei
proper proportion thereof, the board, or proper
member thereof, shall cause the same TO be paid
to him or her. or his or her guardian. and sliall
take the receipt of such owner or guardian there
for. and upon such payment all the title Orright
of such owner in or 20 the property. use, or ease
ment appropriated. shall vest in the state: p-O-
vided, however, that. in case of joint ownership
or tenancy in common, when some of the owners
tenants elect. and others do not elect. to take
the compensation offered as aforesaid, Tayment
to those eleciing 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 proceedings, the board
or proper member thereof, shall be of the opIn-


ion that the amount or amounts assessed, tOgeth-
er with those payable 10 the joint owner ort IL
ant eecting to take the offer of the state aore-
sid, would be too great to justify the intended
appropriation, it shall be lawful for the board,
or such member to pay the costs Ofsaid proceed
ings and refuse to make the appropriation; ia
which event said costs shall be so paid, and
nothing more. And provided, further, that if
any owner. his or her guardian, elccting TO take
the compensation Offered by the state as aforc-
said, shall fail 10 make that election until after
proceedings for an assessment shall be cOmmcn-
ced rs hereinafter provided, he o. she shall, be-
fore receiving such compensation. if required by
the board or proper member thereof, pay the
costs of such proceedings, or if the proceedings
be against others well As himself or herself.
his or her proper proportion Of saii costs, or he
or she may elect to let the state pay the same
and deduct it from said compensation.


Sec. 1, Ifany owner or owners. notified as
provided in the next preceding section, snail not,
within the time specified for that purpose IN the
certificate mentioned in said section. signify to
the boaId. or some member thereof his, her or
their acceptance of the compensation offered by
said certificate to him. her, or them. it shall be
lawful for the board. or any member thereof, at
anv time after the expiration OF the time named
in said certificate for such owner or owners to
accept the offer of the DOaTs, 10 file one of aid
certificates, with proof of the service or Publiea-
tion thereof, in the probate court of tie county
wherein the property intended to be appropriai-
ed is situate or, if the property be trart OF real
estate, situate par ly in and partly in another
county or counties. then in the probate court
Of either ofsad counties; and thereupoH, 1t shall
be the duty of the probate judge forthwith to
notify the court of common pleas and sheriff
Of the county of the filing Of such certificate;
and the sail clerk and sheriff shall, within
one day after receiving such notice. proceed
to draw out of the box containing the names
of persons returned to serve rs jurors IN the
court of common pleas, jury of twelve IN
the same manner that juries are drawn for the
trial of causes in the court OF common pleas,
for the purpose of estimating 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 50
drawn. to tine probate judge, who shall there
upon issue his venire to the sheriff; or III case
of his beng Tarty to the proceedings, to the
coroner the county, TO summon the Jurors so
drawn as aforesaid to attead on some day
specified. at the office of said judge, then and
there to be emT anneled and sworn TO render a
Just verdict, in The manner prescribed b. law.
And the probate judge shall, at tie time ct Is
suing such vcnire, issue 4 notice OF the several
owners of the property described i'll such certi-
flea e. of the time when such jury VIII meet at
the Office of said Judge for the purpose aiore-
said: 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 owner or owners are non-Tesldehts
of this state. or are unknown, then publication
of the objects and purposes OF the proceedings
shall be made in some newspaper, publ shed
in the county. for thirty days next preceding
the time named in such ytnire: which notice
shall contain pertinent description of the pro-
perty sought TO be appropriated. and The name
or names of the owner or owners, II the same
be known and the time and place of the pro-
ceedings The probate judge shall have p 'wer
to issue all subpnnas. and all other necessary
process, and to administer all necessary Oailis
in the execution of this act.


Sec. 5. 1t shall be the duty Of the sheriff or
coroner, on reciving such venire, to summon
the persons therein named in the same manner
rs Jurors are summoned to attend the court of
common pleas; and iuries NAV be challenged
and vacancies in the jurics filled as in other
cases. The jury shall be sworn to well and
truly assess the compensation 10 which the
owner may 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 tine parties, they may be sent in
such custody as the court shall direct. to view
the property. the co1rt appointing the person
or persons whose duty IT shall be TO show 1t To
them; but all testimony shall De given in o. ell
court. The state shall be entitled To open and
close in giving testimon and In the argU-
ment. The verdict shall be in writing. signed
bv the iuries OF their foreman; but the court,
with the assent of their JuriGs. may put it IN
proper form. \ new trial shall not BE- granted,
except for misconduct of the jury or for an
erroneous ruling Ofthe court. Exceptions may
b. taken as in other cases, TO any ruling of the
court in matter of law, and 4 petition in error





court, il filed within thirty DAYS after the rendi
ton of the verdict but not otherwise.


Such petition shall not be filed without an
allowance BY the district court or by the supreme
court. or Judge therof. And the proceedings
shall not be reversed for any error of form, or
other error, not affecting the substantial Justice
of the case. Upon reversal of the proceedings.
a proccdendO NAV, in proper case, be awarded,
and new trial lad. if thereby commanded.--
The probate judge shall record the proceedings
in that court. including the certificate of inten-
tion to appropriate. and the proof of its service
o. publication, filed in his Office as aforesaid.


Sc 6. After such appropriation is made. it
shall be the duty of the probate judge immedi
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 also pay the adjudged compensation
by drawing his warrant upon the auditor in the
manner prescribed by law. in favor of the prop
er party; and if the party entitled to such COM
pensation shall not call for the came. the audi
tor SHALL nevertheless, issued 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 bs