Holmes County Republican. [volume] (Millersburg, Holmes County, Ohio) 1856-1865, 1859-07-07

the want of capacity, or filing up. of any cul-
vert thereof, or the washing away of earth
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 COM
mcncement of such leakage, or happenina of the
injury occasioned by such culyert 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 ap-
point thre disinterested persons to serve as a
commission to consider such claim, but if they
cannot so agree, the board. or such member,
within reasonable time. shall apply to the gov
ernor TO appoint three such commissioners, and
the governor shall make such appointments
The commissioners shall, before entering upon
the discharge of their duties, severally take an
oath or Affirmation, to faithfully and impartially
discharge the duties of their appointment
They shall have like powers as are herelnbe-
fore granted to probate courts in respect 10 sum-
moning and qualifying witnesses, and all sub
punas for witnesses. and shall lie returned TO
them in like manner as if issued by probate
courts. They shall meet at such time and place
cs the beard, or proper member thereof shall ap-
point, and shall have power to adjourn from day
10 day, Sundays excepted and from place to
place unril their duties be completed. The
claimant, when he prefers his claim as aforesaid,
may deliver to the board, or member, TO whom
he prefers his claim as aforesaid, may deliver to
the board, or member, TO whom he prefers his
claim as aforesaid, may deliver to the board, or
member, to whom be prefers it, the na ne Of the
post office within this state at which he desires
to bs addressed, and if he do so, il shall be the
duty of the 5oard. or proper member thereof, to
give him reasonable notice by letter addressed
TO him, or any agent named by him for that pur-
pose, at such post Office, or personally, of the
lime and place appointed as aforesaid, for the
meeting of the commissioners. The commits
sioners shall examine the canal. reservoir, or
other work aforesaid, where the breach, leakage
or overflow occurred, or the culvert or dam, if
occasioned thereby, and also, as far as may be
practicable, the property said TO be injured
thereby, and shall hear all legal testimony of
fered by the parties and having done so, if they,
or majority of them; shall be of the opinion
that such injury. if any, resulted form detective
construction of the canal, reservoir, culyert, or
other work aforesaid, aad that such defect
might have been avoided by the use or ordina-
ry skill and care in the construction thereof,
or that it resulted from the want of proper care
in thu officers or agents of the state, in main
tanning the same, or keeping the same in repair
and also, that the injury was unavailable by the
use of reasona bic precaution, vigilance and
Ssdc ttl BuIi vi anu buS
not otherwise, the, the commissioners, or ma
jority Of them, shall award TO such claimant
such damages, by reason of the premises, as may
be Just. Their decision. whether in favor of or
against the claimant, shall be in writing, signed
by those who concur ;herin; and shall be deliv
cred by them, with all subpenas by them is
sued, and 4 statement of the number Of days
they were engaged in the discharge of their du-
ties to the board, or proper member thereof.
Each of them shall receive for his services Two
dollars per day, if such services be performed in
the county wherein he resides; but if perform
ed in any other county or counties, he shall re-
ceiye three dollars per day, and mileage at the
rate of three cent per mile. Such damages and
the costs incident TO their ascertainment as
shall be paid by the board, or proper
member thereof. out of any moneys appropria-
ted by the general assembly for that purpose
Provided, however, if damages so awarded
shall not be paid. And provided further, that
If the commissioners, or a majority of them, de-
termine that the claimant is not entitled to
damages. he shall pay the costs. And provi-
ded further that it shall be lawful for the board
Or proper member therereof, at any time before
the decision of the commissioners 10 offer to
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 Cit1, he shall pay all costs incurred
subsequent to such offer, unless a larger sum be
awarded to him by the commissioners than the
sum be awarded TO him by the commissioners
than the sum so offered. Costs for which the
claimant may become liable as aforesaid, may
be recovered of him by action in the name of
the state. The board shall cause the decision
D.. L. ,1 A,,l-
to be provided by them for that purpose, and
such decision shall bar the claimant from again
the same claim against the state. If
one of the commissioners fail TO serve. the other
Two may appoint suitable person TO fill the
if more than one so fail, the vacancies
shall be filled by appointments by the governor.
Provided, however shat when from the circum-
stances of the case it shall be apparent that such
overflow and consequent injury will be of fire.
quent occurrence, it shall be the duty of the
board. or member, havingtee division in charge
o proceed under this act to appropriate for the
use of such canal, slackwater, poor, or reservoir
and easement in the properly affected, and ac-
1uire the right 10 overflow such lands to the ex-
tent to which they are liable 10 overflow by the
works as constructed at the time of such appro-
priations. and the compensation awarded 10 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 COM
mencement of such proceedings for 'appropria-
ton, by reason of any overflow and consequent
injury resulting from said works as constructed
1t said time,
Sec. IA. All payments required or author
zed by this act, to be made by the board, or
.ither of their members, shall be made out of
he moneys appropriated for the purpose by the
general assembly.
Sec Is. That in all cases in which it may
De necessary for the said board of public works,
oy themselves or legally authorized agents, to
ct contracts fer the performance of labor, or
he furnishihing of materials, for the construc-
ion of feeders, dyk kes, reservoirs, locks, dams,
md other works and devices for perfecting and
keeping in repair the public works under their
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, TO cause
such general notice of the letting of said con-
tracts by publication in newspapers, and post
ing up advertisements, as will secure a fair and
general competition; which said notice shall
contain a statement of the time, place and man.
ner of receiving proposals for said contracts, and
thecharacter and magnitude of the work TO be
performed, the materials TO be furnished, or
both, if required, for the construction of the pro-
posed work; and no proposal for any such con-
tract seall be considered by the board IN which
any superintendent. engineer or any employee
upon the public works of the state shall be in
trusted, nor shall they consider any proposal
that does not contain the full name of each and
every person interested in such proposal. and
Ihe board may require the party or parties 10
whom any contract may be awardid, to give Sc
;urity for the faithful performance thereof; pro-
rided, however, that in cases of public exigeney,
Is hereinbefore defined, such contracts may be
made without such previous notice.
Sec. l6. Where the determination of any
matter is or may be devolved by law upon the
board, or either of their members, and the ex-
of witnesses shall be necessary, or