Year: 1859

ehe stute py reason OF the premises. But II III


or she may, within tho year aforesaid, notify tn.


board, or the proper member thereof, (nsmely
+, the member having special charge Of tire divis


ion where the property was taken,) of such un


willingness, and if the board, or said member


and the owner sannot agree upon the compen


sation to be paid, the owner may at any time af


terwards, within said year, flo in Tia Q probate


court Of the comfy wherein the property takeI


was situate when taken, or, If it was tract o


land situate partly in one and partly in another


county or counties, then in the probate court o


either of said counties, one of said certificates


or copy thereof, (Which copy shall be furnish


cd to him or her by the board, or proper membe,


thereof, if demandcd,) and require the judge o


said probate court to companel jury and to is


sue q venire in the ulanner hereinafter provided


in section four which venire shall be served


and returned as provided in said last named sec


tion Before such vcnire shall be issued the


owner shall notify the board, or proper member


thereof, when it will be issued. Upon such ven


ire being issued, the same proceedings shall be


had, so far as the same may be applicable and


practicable, in respect to the filling of can.
ces, the qualifying, of the jurors, the power to
administer oaths or afhrmations, the making and


return of awards, conduct of trials, return OF


verdicts exceptions or petitions in error, and all
other matters, as are hereinafter provided in re


spect to cases not of public exigency. In cases


other than those of public exigency us aforesaid


the proceedings shall be as follows: the board, or


some member thereof, shall make and officially


subscribe as many certificates, in all respects a.


like, as may be necessary, stating: First. The
intention Of the state to appropriate tho


property, use, or easement describingit It as fully
and accurately as would be necessary ina con-


veyance, as also stating the name Of the owner


or owners thereof. Secondly. The specific sum
of money that the state is willing topay there
for, which shall be such sum as the board or


member having special charge of the work for
which the appropriation is to be made, shall deem
reasonable. Thirdly. That if the owner or own
ers do not, within time to be specified in the
certificate, (Which time such board or member
may fix, allowing reasonable period afler SER
vice or publication of the certificate, as hereinaf-
ter provided, accept said sum as full compensa-
tiol for such property, use, or easement, then,
after a specified day tho state will cause the
property intended to be appropriated, or in, to
or over which and use or easement is intended
to be appropriated, to be condemned to the state,
and the value Of such property, use, or case
ment to be assessed pursuant to law. One of
said certificates shall be delivered TO each of the
owners of ,he property intended to be appropri-
ated, or in, to- or over which and use, or case
ment is intended to be appropriated, his or her
guardian, or publication thereof made, in the
same manner and under the same circumstan-
ccs hereinbefore provided, in respect to the GER
tifcates 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 publication; and if the mp
pro oriation be of real property, and be finally
made, it shall be the duty of some member of
the board to endorse upon another Of said ccr-
tiicates the words appropriation made" with
the date when the appropriation was first per-
fected, and to officially subscribe such endorse
ment and causes such certificate and endorse
mcnt to be recorded in the recorders Office of the
county in which the property is situate If any
owner his or her guardian, as aforesaid, shall, at
any time before the appropriation mentioned in
said certificate shall be made, elect to take tho
compensation specified in said certificate, or, in
case O., joint ownership or tenancy in common,
his or her proportion thereof, the board Or prop
or member thereof shall cause the same to be
paid to him or her, or his or her guardian, and
shall take the receipt of such owner or guardian
therefor, and upon payment all the title or right
of such owner in or to the property, use, or
easement appropriated, shall vest in the state,
pro, ided, however, that in case Of joint owner
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 electing to take may, in the
erection Of the board or the proper member there
of, be withheld until the proceedings against
those SO refusing or failing be terminated, aud
if, upon the termination of such proceedings
the board, or amount Or amounts assessed, TO-
gether with those payable to the joint owner or
tenant electing to take the offer Of tho state as
aforesaid would be too great to justify the inten-
ded appreciation, it shall be lawful for the board,
or such member, to pay tho costs Of said pro-
ceedings and refuse to make the appropriation;
in which event ssid COSTS shall be paid.
and nothing more. And provided, fur
ther, that if any owner his or her guar
dian, electing to take the compensation of
fered by the state as aforesaid shall fail to make
thatelection until after proceedings for an as
sessment shall be commenced as hereinafter
provided, he or she shall, before receiving such
compensation, If required by the board or proper
thereof, pay the costs of such proceed.
ings, or if the proceedings be against others us
well as himself or herself, his or her proper
proportion of said COSTS or he or she may elect to
let the state pay the same and dcdlct it from said
tN '--'


Sec. 4. If any owner or owners notified as
provided in the next preceding section, shall
not, within the time specified for that purpose
in the certificate mentioned in said section, sig
nifty to the board, or some member thereof his,
her, or their acceptance of the compensation Of
fered by said certificate by 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 filo
one of said certificates, with proof of the SER
vice or publication thereof, in the probate court
of the county wherein the property intended to
be appropriated is situate or, if the property be
q tract of real estate situate partly in one and
partly in another county or counties 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