Western Reserve chronicle. [volume] (Warren, Ohio) 1855-1921, 1859-07-06
WHOLE NO. 1891.

costa incident to their asce-tainment aforesaid,
shall be paid by the board, or proper member
I thereof, out of any moneys appropriated by tho
general assembly for that purpose: provided.
however, that if the damages so awarded shall
not exceed the costs aforesaid, such damage
shall not be paid. And provided further, that
| if the commissioners, or a majority Of them,
determine that the claimant is not entitled to
damages, he shll pay the costs. And provided
/ further, that it shall be lawful for the board,
or proper member thereof, at any time before
the decision of the commissioners, to offer T.,
pay the claimant such sum of money as the
board, or said member, may think him entitled
! to by reason Of the premises, which sum, if he
agree to accept it, shall be paid to him, and
shall discharge his claim; but if he refuses to
accept to, Titl he shall pay all costs incurred
subsequent to such offer, unless larger sum ba
awarded to him by the commissioners than the
sum so offered Costs for which the claimant
may become liable as aforesaid, may be reeOy-
cred Of him by action in the name of the state
| The board shall cause the decision OF the COM
missiOners to be recorded in a book to be pro-
vided by them for that purpose, and such de-
cision shall bar the claimant from again prefer
ring the same claim against the state. If one
Of the commissioners fail to serve, the other two
may appoint a suitable person TO NIL the vacan-
ev; if more than one so fail, the vacancies shall
be filled by appointments by the Governor:
provided, however that when, from the cir
cumstanees of the case, it shall be apparent
that such overflow and consequent injury will
be of frequent occurrence, 1t shall be the duty
Of board, or member having the division in
charge, to proceed under this act to approprI-
ate for the use Of such canal slackwater, pool,
or reservoir, and easement in the property af-
feeted, and acquire the right to overflow such
lands 20 the extent to which they are liable to
overflow by the works as constructed at the
time Of such appropriations, and the eompen-
sations awarded TO the owner shall be in full
for such easement, and shall bar any claim Of
the owner of such lands for damages thereto,
occurring after the eommeneementof such pro-
eeepings for appropriation, by reason of any
overflow and consequent injury resulting from
said works constructed at said time.
SEC. IA, All payments required or author
lied by this act, to be made by the board, or
either of their members, shall be made out Of
the moneys appropriated for the purpose by the
general assembly.
SEc. Is. That in all cases in which it may
be necessary for the said board of public works.
by themselves or legally authorized agents, to-
let contracts for the performance of labor or tho
furnishing of materials, for the construction OF
feeders, dykes, reservoirs, locks, dams, and
other works and devices for perfeeting and
keeping repair tie pUOllc hOEhc uuQcf lLclE
charge, it shall be the duty of the proper mem
Der Of said board, in his own name, or by the
resident engineer having charge of the division
of the public works upon which said labor is to
be performed or materials furnished, 10 cause
such general notice of the letting of said con-
tracts, by publication in newspapers, and pos
ting no advertisements, as will secure fair
and general competition which said notice
shall contain a statement of the time, place and
manner of receiving proposals for said contracts.
and the character and magnitude of the work to
be performed, the materials to be furnished, or
both, if required, for the construction of the
proposed work and no proposal for any sueh
contract shall be considered by the board in
which anv superintendent, engineer, or any en-
plOyee upon the pubic works of the state shall
be intrusted, nor shall they sonsider any pro-
posal that does not contain the full name Of each
and every person interested in such proposal,
and the board may require the party or parties
to whom any contract may be awarded, to give
security for the faithful performance thereof
provided, however, that in cases of public ex-
igency, as herein before defined. such contracts
may be made without such previous notice.
SEC I6. Where the determination of any
matter is or NAV be devolved by law upon she.
board or either of their members and the ex-
animation of witnesses shall be necessary, or
proper, to enable them on him to determine the
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