of elections.

Same subject.

in the Senate and House of Representatives of the State, during the decennial period in which such new county is or shall be created, in the same manner as if the law creating any such new county had not been passed.

SEC. 2. The judges of all state and county elections in all Duties of judges such new counties, shall be governed in all their duties by the general laws governing elections, so far as the same are consistent herewith.

Sec. 3. The judges of elections in the several townships As to poll boohs or election districts, composed in whole of territory that originally belonged to any one of the counties out of which such new county is created, shall cause to be kept two separate poll books for Senator and Representative, in the same manner that the general poll book is required by law to be kept; one of which shall be deposited with the township or district clerk, as the case may be, in each township or election district, for the use of such persons as may choose to inspect the same; and the other shall be certified, sealed up, and directed, in the same manner as required by law, for the return of the general poll book, and conveyed within three days next after the election, by one of the judges thereof, to the clerk of the court of common pleas of the county to which the territory before, and at the time of the creation of such new county, belonged.

SEC. 4. The judges of elections of such townships or election districts as are composed of territory that originally belonged to two or more of the counties out of which such new county is created, shall cause to be kept two separate poll books for Senator and Representative, for each portion of territory that originally belonged to different counties, in the same manner that the general poll book is required by law to be kept, one of each of which shall be deposited with the clerk of such township or election district, and the other of each shall be certified, sealed up and directed, in the same manner as required by law for the return of the general poll book, and conveyed within three days next after the election, by one or more of the judges thereof, to the clerk of the court of common pleas of that county to which the territory before, and at the time of the creation of such new county, belonged.

Sec. 5. It shall be lawful for the electors residing in any vote, challenge such township or election district, as is mentioned in the and oath of elecfourth section of this act, to vote for Senator and Representative, at the usual place of holding elections in such township or election district; and it shall be the duty of the judges of elections of any such township or election district, in said fourth section mentioned, before they receive a ballot for Senator and Representative, to put the necessary question to the elector proposing to vote, so as to fix his residence; and in case the elector is challenged for non-residence in any

tors.

Additional clerks-their fees,

and certified.

particular portion of the township or election district, then it shall be the duty of said judges to swear or affirm the elector, to the facts, in the same manner as for any cause of challenge.

Sec. 6. For the purpose of carrying out the provisions of this act, the said judges shall take to their assistance any necessary number of additional clerks, who shall be paid the same fees, and qualified in the same manner as in other

cases. Returns-how Sec. 7. The several clerks of the court of common pleas mado, counted

referred to in this act, shall receive the returns of the elections for Senator and Representative, and be governed in all things thereby in the same manner as if the law creating such new county had not been passed; and in making out the returns of such election, shall receive and count the said votes so returned, as aforesaid, and certify accordingly, and be in all respects governed by the general luws in regard there

to, so far as the same may be consistent herewith, and as Foes, how audit. if said votes were polled in their respective counties; and

the said clerks of court shall give a certificate to the returning officer for his fees, the same as for like services, to the Auditor of their respective counties; and the said Auditor shall audit the same, and issue an order on the Treasurer of the county therefor.

Sec. 8. All votes for Senators and Representatives in any such new county, shall be on a separate ballot.

Sec. 9. That if any officer charged with any duties linquency of du.

under this act, shall neglect or refuse to perform the same, such officer, upon conviction thereof, before any court of competent jurisdiction, shall be fined in any sum not exceeding one hundred and fifty dollars, at the discretion of the court.

Sec. 10. That all fines imposed by this act, shall be recovered, with costs of suit, in an action of debt, or by indictment for the use of the county.

JAMES C. JOHNSON,
Speaker of the House of Representatives.
WILLIAM MEDILL,

President of the Senate.

Vote on вера. rate ballot.

Penalty for de.

ty.

How fines recovered.

April 30, 1852.

AN AOT

To provide for compensation to owners of private property appropriated to

the use of Corporations.

Sec. 1. Be it enacted by the General Assembly of the State Private proper of Ohio, That all appropriations of private property to the to use of corpouse of any and every corporation now existing, or that ratione. may

hereafter be created in this state, which may be authorized by law to make such appropriation, for the right of way, or for any other purpose which may be within the scope of the legal authority of such corporation, shall be made and conducted in accordance with the provisions of this act.

Sec. 2. Whenever any such corporation shall wish to Statement to be make any such appropriation, and shall be unable to agree bate judge. with the owner or owners of the property sought to be appropriated, or with his, her, or their authorized agent or attorney, upon the compensation to be paid therefor, it shall be the duty of such corporation, by its proper officer, agent or attorney, to make out a statement, which shall contain a specific description of each parcel of property and rights sought to be appropriated, within the county where such application shall be made, and which such corporation, at the time of filing such statement, seeks to appropriate, of the work, if any, intended to be constructed thereupon, the name or names of the owners of each parcel, if known, or if not, a statement of that fact, and such statement shall be forthwith filed with the probate judge of the proper county.

Sec. 3.' That it shall be the duty of the probate judge, on Duties of proreceiving such notice, to immediately notify the clerk of the

clerk, sheriff, court of common pleas, and sheriff of the county, of the filing fes, in the premof such statement; and the said clerk and sheriff, shall, within one day after receiving such notice, proceed to select from the names returned to serve as jurors, a jury of twelve men, in the same manner that jurors are selected for the trial of any cause in the court of common pleas, for the purpose of estimating and valuing the amount of compensation each owner or owners shall receive, or be entitled to, by reason of such appropriation; and the said clerk shall immediately return the names of the jurors so drawn, to the probate judge, who shall thereupon issue his venire sacias to the sheriff or other proper officer of the county, to summon such jurors, so drawn as aforesaid, to attend on some day specified, at the office of said judge, not exceeding five days from the issuing of said venire,

bate judge,

Duty of sheriff

Oath of jurors.

then and there to be empanneled and sworn to render a just
verdict, in the manner hereinafter described; and shall, at the
time of issuing such venire, issue a notice to the several own-
ers of property so sought to be appropriated, of the time when
said jury will meet at the office of said judge, for the purposes
aforesaid; which notice such sheriff or other officer shall serve
upon the party therein named, at the time of serving such
venire.

Sec. 4. It shall be the duty of the sheriff, or other proper
in summoning
juries. officer, receiving such venire facias, to summon the persons

therein named, in the same manner that jurors are summoned
to attend the court of common pleas; and if, by reason of
non-attendance, challenge for cause, or for any other reason,
such jury shall not be full, the sheriff shall fill the same with
talesmen, as in like cases in the court of common pleas; but
no challenge except for cause, shall be allowed to either
party.

Sec. 5. When the panel is so filled, it shall be the duty of
the probate judge to administer the following oath to the jury
so empanneled, to wit: You and each of you do solemnly swear,
(or affirm,) that you will justly and impartially assess, accord-
ing to your best judgment, the damages, in money, which (here
name the owner or owners,) will (each) sustain by reason of
the appropriation of such property to the use of (here repeat
the name of the corporation,) in the proceedings now pend-
ing; and you do further swear, (or affirm,) that you will truly,
faithfully and impartially, estimate and assess the amount of
such compensation, irrespective of any benefit to him from
any improvement proposed by said corporation; this you

swear, as you shall answer to God, (or affirm,) under the pains Jurors personal and penalties of perjury; and the said probate judge, before

administering such oath or affirmation, shall personally enquire
of each juror whether he is interested in such corporation,
either as owner, stockholder, agent or attorney, or in any
other manner; and if any juror shall answer such question
in the affirmative, such juror shall be excused from serving, and
the panel shall be filled with talesmen, by the sheriff, as in oth-

Sec. 6. It shall be lawful for the said probate judge, upon
motion of either party, to issue the following writ to the sher-
iff, or other proper officer, to wit: To the sheriff of
county: You are hereby commanded to conduct the twelve
jurors named in the panel to this writ annexed, to view the
property or premises sought to be appropriated by (here state
the name of the corporation,) and owned by (here state the
name of the owner or owners) on the

then and there to view the premises or property afore.
said, in the presence of A. B. on the part of the corporation
aforesaid, and C. D. on the part of the owner, (or owners,) ap-

be excused.

er cases. Writ to sheriff and subsequent procedure.

day of

pointed by this court; and you shall make return of the man-
ner you have executed this writ, to this court, on the
day of -- A. D. — , and have you then there this
writ. The aforesaid, shall be signed by the probate judge, and
certified under his seal of office, and he shall also deliver to the
sheriff a copy of the statement, containing a separate descrip-
tion of each parcel of property and rights sought to be appro-
priated within the county; and he shall have the power to ap-
point the two persons therein named; and the sheriff

, or other proper officer, who is to execute said writ, shall, by a special return upon the same, certify under his hand, that the view has been made, according to the command thereof. The expenses of taking said view shall be taxed in the bill of costs, and no evidence shall be given on either side at the taking thereof; Provided, that wilnesses may be examined before said jury, after their return to the court aforesaid, and the trial in each case shall be conducted thereafter in said probate court, in the same manner that the trial of civil cases is conducted in the court of common pleas of the county in which said proceeding is had; Provided, that if more than three witnesses are examined by either party on the same point, in the same case, the said probate judge shall have power to tax the fees and costs of such witnesses to the party calling the same.

Sec. 7. If the owner or owners, or his, her or their guar- Unknown or dian, as the case may be, are unknown, or do not reside with- owners, to be in the county where such property may be situated, such cor- notified ad poration, by its proper officer, authorized agent or attorney, shall make affidavit to that fact, and shall, nevertheless, file such statement as is required by the second section of this act, in the probate court, and shall also publish in some newspaper of general circulation in such county, for the term of four weeks, an advertisement containing a description of the property sought to be appropriated; and a notice that they have made application according to law, for such appropriation, specifying the day, which shall be within ten days from the expiration of said term of four weeks, in which a jury will be seJected to assess the compensation to be paid therefor; and upon such day a jury be impanneled and sworn by the probate judge, and the proceedings shall thereafter be conducted in accordance with the foregoing provisions of this act.

Sec. 8. The jurors summoned and serving in accordance Fees or jurors, with the provisions of this act, shall each receive one dollar ses and judge. per day for their services, and five cents per mile for every mile of the distance they may be compelled to travel in the discharge of their duties; the sheriff shall be entitled to such fees as he may be allowed by law for similar services in other cases, but he shall not be allowed anything in the way of poundage; the witnesses shall be allowed the same fees to which they would be entitled for attendance on the court of