Dayton daily empire. [volume] (Dayton [Ohio]) 1850-1865, 1859-05-13

from the compensation 70 which any owner NAV Se.
come entledfas efofesad, all costs for which such
shal not have paid. and fsueh deduction bo
board o. anld member, shall pay such costs 10 the ei
pfe.
Sec IS. Any pefson whose property has bsen o,
may DO injured by eny tfeach In M leakage
flow Of eny canal slaehwaief, pool reservoir or 9TH
or work npperianing to such canal slack water pool
or reservoir, o. BY tho want Of capacity, or lng Up
OF any culvon thefeof, the washing away Of enih
caused by any state dam, under tho oharne OF tho
board, may AZ any time within QUO year from the oc-
cuffenco OF such breach " commencement of such
leakage, OF happening oi thi injury ocoasiOned by
auch culVGH or dam apply 10 the boErd or the pro-
per member thereof lot damages. The board, or
such member, and tho claimant may tbefeunon
agree upon aud appoint three dsintetesied persons
10 fove ~ a commission to consider such claim but
II they cannot 80 5groe tho board, or such membcr,
within reasonable lime, shall apply 10 the govern
or 10 appoint three fuch oommi noncts, and the
governor shall make such appointments Tho com.
nisaioners shall before entering upon the discharqe
OF their duties ecvefaly ako an oath OF affirmation
TO faithfully and implriiuly discharge tho dutos ni
thor appointment Thoy shall have like puwsra az
arc hofenbeoro granted 10 probate courio IN respec
to summOnng aud qualifying witnesses. and oil sub,
panaa for Witnesses Issued by them may DO served
aud shall be returned TO them IN ho nannor as n
Issued Ivy probate cuutiai Thoy shall meet AZ such
time and place 40 tho board, OF tho proper member
thereof shall appoint, and shall have power 10 adj.
Journ from day to day (sundiya oacop.edl and from
olaimant, whom ho prefers HE claim az aforesaid
mag dolivof TO tho board, or member, 10 whom he
prefers II, the name OF tho post Office within this
state nt which ho desires 10 bo addrossod and N no
do 30, II shall be tho duty o tho board or proner
member tlioreof To give hin reasonable notice by
letter addressed TO him, any agent named by him
for that purpose, al auch post Office or personally o
tho umo and place appointed aforesaid, for tho
meeting Of tho commissioners. The Commissioners
shall examine tho eanbl, reservoir Or other wofk
uioteaad' where tho breach, leakage overflow oes
CURED, or The eulverl or dam, u occafiunod lcrob
aud also, as Tar as may be practicable, the property
said 10 DO Injured thereby, nnd shall hear ali legal
testimony 0herad by tho parties, aud haying done 20
u they, or majority Of ihom shall bo Of tie opinion
that such injury any, resulted from defective con,
suueion OF the canal reservoir, eulveft, or other
work aforesaid, ond that such detect might have
been avoided by the use uf ordinary skill and care In
tho oons'rueuon thereof OF laat resulted rom tho
want otproper caro- 10 the officers or agents Of the
state, In muiniuining tho same, or koepnq tho same
In repair and uleo that tho injury was Unavoidable by
the use OF reasonable pfecauton vigilance ind care
on the part Of the claimant, md then, but not other
WISE the eommasionefs- or a maJory.uf them, shall
award TO such claimant such damages by reason Of
the premises, as may bo Just. Their decision.
whether In favor OF or ogansthe claimant shN be In
writing, signed by those who concur ihoreIn, and
shall DO delivered by them, with all ,suhIsunss by
them Issued, and statement OF thu number of DAYS
they were engaged In the discharge Of their duties 10
tho board, OF tpropet member thereof Each Of ihom
shalt receive Tor his services two dollaFp Der day II
such services be performed IN the county wherein he
| residesj but " performed 10 another county ar coun
iicsi he shall receive three dollars per day, and
mileage al tho Tuio ol three conts peF mile yueh
damages and costs incident to thoir ascortnnnent as
aforesaid, shall TO pau by the board, Of pioper mems
Der thereof, out o any modoys appropriated by tho
general assembly TOR ihat purpose, Provided hows
ever, that u tho damages so awarded shall moi ex
coed the costs aforesaid, such damage shall not be-
paid, And provided further, that f the commission.
es, a maj jorly of lhom, determine that tho claim,
ant u not entitled 10 damsgps, he shall pay the costs
AM hat A -. ~. -
board, or proper member thereof at any time before
the decision ot the eOmmiasionefs TO offer 10 pay
the claimant such sum Ot money as tho board or
said member may think him entitled 20 Ly ronson oT
the premises, winch sum. Il 10 agIce TO accept il,
shall be paid to HIM, and shall discharge his claim
but u ho refuses 10 accept TO fiji, no shall nay oil
costs incurred suheoquentt 10 such offer unlnss lag.
or sum DO awarded 10 hm by tho Commissioners
than tho sum so Oiofod. Coats for which tho claim,
nut may become liable as alorasnid may he recovered
Of him by action IN the name Ol tho state. Tho
board shall cause the decision Of the eommssionors
70 bo recorded IN book 10 DO provided by them for
that purpose aud such decision shall bar lhe claim,
at from again pfeiering tho aimo olani ngainat tho
state. u one Of tho commissioners fail TO sotvo the
other two may appoint puitabo person TO III tho
vacancy more than one SO iail tho vacancies shall
be filed by appointments by the governor Provided
however that when from the circumstances of the
case II shall be apparent that such overflow and con.
Iequsn injury will DO of frequent occurrence, Il
shall bo tho duty Of the board, or member, having
Tho division In CHARGE 10 proceed under this act TO
appropriate Tor tho use or such canal, saekwater
pool or reservoir, and eaiemont In tho property at.
eeteds and acquire the right 10 overflow such lands
to the extent TO which they liable 10 overhow by
tho wofks as constructed at the iimo Of such appros
prialions, and the compensation awarded to the
owner shall be In full tor such easement and shall
bar any claim Of tho Of such lands for dannv.
eS thereto, occurring after tho commenc ement Of
such proceedings Tor DppFupration, by reason OF
any overflow and consequent injury resulting from
said works as constructed at said timo.
Sec. H. All naymontR required or uuthorixed LV
this aet to be made by the board. either Of their
members shall DO made nut Of the moneys oppronr-
aied for tho purpose by the general assembly.
Seq. 10. That in all ehses in which il may be
necessary for tho said board OF public works, by
themselves or legally authorized agents, to lot con.
tracts fcl the performance OF labor, the furnishing
OF materials, Tor the ponstrppilon Of feeders dykea
rosoryOirs locks, dauis aud alhsr works aud devices
Tor peffecng and keeping IN repair the public works
under thcf charge Il shall l'c the duty 81 the proper
member Uf said bnard, In his own namo, or ly tho
resident engineer having chiTle of tho division Of
the public works upon which said labor is TO bo per,
foinled materials furnished, cause such gencr-
al notice ol the letting Of said contracts by pubca
tion in newspapels, and Posng up adycrtsompnls as
will secure fair and goLpFal comPeltoni which
said notice shall contain statement Of the limo.
place and manncr Of receiving proposals for said
contracts and the character aud Tagntpdo of the
waFk TO be performed, tho maotais TO DO turnlghod,
or both " required for the construction 0f the pro
posed work, and no proposal for any such contract
shall be considered by the bolrd ia which any PupeF
tntendont, engineer OF any employee upon tho pub
lie works Of The state shall be ntfnfted shall
thoy con dof any proposal that does not oonlain the
full name VI each and every person interested IN
such proposal, and tho boaJl may require the party
or parties ia whom any contract may Oo awarded, TO
give security for Tho faithful performance thereof;
provided, however, that in cases Of public eIgency
heroinhelofo defined, such contracts may be made
without such previous notice.
Sec. 10. Where tho determination Of any matter
IL OT may be deyolved by law upon the board, or
either OF their members and the examination Of wit
shall be necessary, or proper, TO enable them
of him 10 determine the saDo, end IN all cases IN
WHICH alldaYts are or may be required by law to he
filed ~ tho ohioe Of the board. or delivered to
member thereof, or to be filed by tho board or
member thereof In any other Office. the oath OF ntrs
nation u The witness aihaHt may he administered
by either &C tie members OF tho bOsrd.
Sec, ~ fn give effect to the lfuo ipieRt Of this
act, any word hrFon impWtting Oas geadef may be
construed 10 Include persons, 0r thugs, Of any other
gender any word importing the singular number m'y
be extended TO and applied to several persons or
THINGS any wod Importing tho plural number may
bs dssHisd also RppeaAe 70 eingle pefsnR nT
thing The word 'boaTd," when used 10 this act,
means tho board Of public works and the term
'prOpeI member of tho board" equivalent eE.
preston, means the member of sad board Of public
works having who may have under his especial
ehaIge OF supervision. tho division OF tho public
works iuT which an appropriation OF property OF
rights nay be made or attempted 10 be made, or iof
| Any injury oeeasi0ned " defect OF latmanagement
Of which. as aforssAid, Gain Of damages may be
made
Sec. 10. The act entitled tan act to amend an act
entitled act 10 abolish the board Of canal eommIs'
siOneTs, aud 10 revive the board Of pubc works,
u.II Ihaa unNa nd