M'arthur Democrat. (McArthur, Vinton County, Ohio) 1853-1865, 1859-06-09

lIGuSuIl III IGuIll lUl SAME
and shall retain such wsrrantuntil called for
and the money shall be taken and held to be
deposited in the treasury for the use and ben
eft Of the party entitled TO the same, from
the date OF such warrant; provided, that nc
interest shall be paid upon the compensation
or costs as afore taid: Provided, that the
board or proper member thereof, may, al
their option, pay the costs and refuse to make
lhe appropriation, ifin their or his judgment,
the compensation assessed is too great to
justify the appropriation.
Sec. Z. Proof Of the service or publication
Of the certificates Aforesaid, when required
by this act, may be made by the affidavit of
any person having personal knowledge ofthe
fact.
Sec. 8. Ifthe property appropriated ia
case Of public exigency, as herein before pro-
yided, or to be appropriated in other cases as
aforesaid, shall belong to the heirs, or devil
sees of decedent, and the names and pla-
ces of residence of such heirs or devisees, or
ofany reither of them, shall be unknown to
the board, or the proper member thereof,
such persons whose names and places OF res.
idence shall be thus unknown, may be de.
scribed in, all and singular, the papers and
proceedings aforesaid, as III! unknown heir,
or heirs, deyisee or devisees, as the case may
be, Of the decedent, naming such decedent, il
his or her name be known to the board, OF
said member thereof. But if the name Of such
decedent be unknown 10 the board ,or the prop.
er member thereof,or If the names and places
OF residence Of the owners, or any of them
(whether holding by descent ,deVisee or pur.
chase,) be in like manner unknown, such
owner, or owners, whose names and places
OF residence shall be thus unknown, may be
described in, all and singular, the papers and
proceedings aforesaid ,uy the general descrip.
tion of unknown owner. or unknown owners
And such general description shall also be
sufficient when the residence of the owner
or owners, is without this state.
Sec. 0. Married women, whose phbperty
shall be appropriated under this act, shall be
capable of doing all things which it may be
lawful or necessary for an owner to do in the
premises, as fully as if they were unmarried
and offull age. And guardians as aforesaid
shall have as full power TO act for their wards
respectively, as the wards respectively would
have, were they under no disability.
Sec. 10. Corporations, in addition to pay.
ment for their property, real or personal, ap.
propriated as aforesaid, shall be entitled to
compensation for destruction, total or par
iial, Of the value OF any of their franchises
directly caused by such appropriation of their
real or personal property, as follows: il the
value of the franchise be totally destroyed,
such value shall be paid and the franchise
shall cease to exist; if its value be but par
tally destroyed, a ratable compensation shall
be made. The compensation to be thus paid
shall be ascertainsd, ,(fnot agreed upon by the
board or the proper member thereof and the
corporation, )at the same time and in the same
manner that the compensation to be paid for
the real or personal property OF the corpora.
ton appropriated as Aforesaid, shall be asCer.
tained; and the jury. shall state in their ver-
dict, what is the franchise thus injured, or
destroyed, and whether the destruction is to-
tai or partial; which inding,i not set aside in
the mode hereinbefore provided for vacating
verdicts, shall be conclusive evidence of the
fact so found, to all intents and purposes.
Sec. H.. The witnesses, clerks, sheriff,
coroner, constable, aud jurors, respectively,
for the services required Of them by this act,
shall receive such fees as they are paid for
like services in similar cases. The probate
Judge shall receive for his services, five dol
lars in addition 10 the usual fees for issuing
processes and recording the proceedings; the
persons app ointed.to show the properly and
take charge fthejury upon a view as afore-
said, shall receive such fees for their services
as the sourt may allow, and the expenses of
conveying the jurors to the place or places
to be viewed, may be allowed by the probate
court and taxed as cost All names drawn
from the jury box by the clerk and sheriff, as
hereinbeiore provided, shall be by them re-
placed in the box, and the persons whose
names were thus drawn shall be liable to SER
vice as jurors in the same manner as if they
had not been drawn for the special service
reqHred BY this act.
Sec. II. By the word "costs" in this act,
taxable costs only are meant. Unless 9TH
erwise hereiD provided, such costs shall be
paid by the state; but upon proceedings in
error the party failing shall pay the costs in
error. Judgment for cost may be given in
favor ofthe state, aud against the owner by
the court in which the proceedings may be
pending, when the owner became liable to
pay costs as Aforesaid. II shall also be law
ful for the board, or proper inembe thereof,
TO deduct from the compensation TO which
any owner may become entitled as aforesaid,
all costs for which such owner is liable as
Aforesaid, and which such owner shall not
have paid, and if such deduction be made,
the board, or said member, shall pay such
costs to the persons entitled thereto or to the
proper clerk for their use.
Sec. l3. Any person whose property has
been or may be injured by any breach in or
leakage or overflow o., any canal, sackwater,
pool, reservoir or other work appertainng to
such canal l,slackwater.pool or reservoir, OF by
the want of capacity, or filling up, Of any
culvert thereof, or the washing away ofear!h
caused by any state dam, under the charge
OF The board, may at any time within one
year from the occurrence of such breach or
commencement of such leakage. or happen
ing of the injury occasioned by such culvert
or dam apply to the board, or the proper
member thereof, for damages. The board
or such member, and the claimant, may
thereupon agree upon and appoint three dis
Interested persona to serve as commission
to consider such claim, but if they cannot so
ngree, the board, or such member, within
reasonable time, shall apply to the governor
to appoint three such commissioners, and the
governor shall make such appointments. The
commissioners shall, before entering upon the
discharge Of their duties. SeyeraIly take an
oath or affirmation to faithfully aad impartial
ly discharge the duties Of their appointment
They shall have like powers as kereinbefere