The Highland weekly news. [volume] (Hillsborough [Hillsboro], Highland County, Ohio) 1853-1886, 1859-08-18


destruction, total or partial, Of the value
of any Of their franchises directly caused
by such appropriation Of their real or
personal property, as follows. if the val
ne Of the franchise be totally destroyed, |
such value shall be paid and the fran
chlso shall cease to exist; if it's value be |
but partially destroyed, a rotable com
pensation shall be made. The oompen-
sation TO be thus paid shall be ascer
tanned, (if not agreed upon by the board |
or the proper member thereof and the
corporatiou) at the same time and in
the same manner that the compensation
to be paid for the real or personal prop
erty Of the corporation appropriated os
aforesaid, shall be 9scertained; and the
jury shall state in their verdict, what is
the franchise thus injured, or destroyed,
and whether the destruction is total or
partial; which finding, If not set aside
in the mode hereinbefore provided for
vacating verdicts, shall be conclusive
evidence of the fact so found, to all in
tents and purposes
Section /. The witnesses, clerks, sheriff
coroner, constables and jurors respectively. I
for the oervices required Of them by this act,
shall receive such fees as they are paid for ike
services In similar cases. The probate Judge
shall receive for his services five dollars, I'm
addition TO the usual fees for ssuinp processes
and recording the proceedings the persons
appointed TO show the property and take
charge OF the jury upon a view as aforesaid,
shall receive such fees for their services as
the court NAV allow; aud the expenses Of con-
/ veying the jurors TO the place or places TO be
viewed, may be allowed by The probate court
and taxed as COSTS AN names drawn from the
! Ilury-bOX by the clerk aud sheriff, as hereinhe-
fore provided, shall be by them replaced in the
box, and the persons whose uumes were thus
drawn shall be liable 10 service as jurors in
ihe same manner as if they had not been
drawn for the special service required by this
act.
Section 70. BY the word "costs," in this
act. taxable costs only arc meant Unless
otherw ise herein provided, such costs shall be
/ paid by the state; but upon proceedings i'm er.
| rorthe party falling shall paw the costs in err
ror. Judgment for costs may be given in favor
| OF the State, aud against the owner by the
court In which the proceedings NAV be pend
/ ing, when the owner became liable TO pay
| costs as aforesaid II shall also be lawful for
the board, or proper member thereof, TO de-
| duct from the compensation to which any
| owner may become entitled as aforesaid, all
! costs for which such owner Is liable a8 ufore-
| said, and which such owner shall not have
! paid, and II such deduction be made, the
hoard, or said member, shall pay such costs to
the persons entitled thereto, or to the proper
! clerk for their use.
Section l3. Any person whose prop.
erty has been or may be injured by any
breach in or leakage or overflow of, any
canal, slackwater pool, reservoir or
other work appertaining to such canal,
slackwater, pool, or reservoir, or by the
want of capacity, or filling up, Of any
culvert 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 occur
renee Of such breach or commence.
ment Of such leakage, or happening
Of the injury Occasioned by such cul-
vert 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 disinterested persons
to serve as a commission to consider such
claim, but if they cannot so agree, the
board or such member, within a reason
able time, shall apply to the governor
to appoint three such commissioners,
and the governor shall make such ap
pointments. 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 appoint
ment They shall have like powers as
are hereinbefore granted to probate
courts in respect to summOning and
qualifying witnesses, and all subpnnas
for witnesses issued by them may be
served and shall be returned TO them
in like manner as if issued by probate
courts. They shall meet at such time
and place as the board, or the proper
member therof shall appoint, and shall
have power to adjourn from day to day;
| Sundays excepted, } and from place to
place until their duties be completed
The claimant, when he prefers his claim
as aforesaid, may deliver to the board
or member, to whom he prefers it, the
name Of the post Office within this State
at which he desires TO be addressed, and
if he do so, it shall be the duty Of the
board, or proper member thereof, to
give him reasonable notice by letter ad.
dressed to him or any agent named by
him for that purpose, at such post Office
or personally, of the time and place ap-
pointed as aforesaid, for the meeting Of
the commissioners The commissioners
shall examine the canal, reservoir, OF
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 injured thereby, and shall
hear all legal testimony offered by the
parties, and having done so, if they, OF
a majority Of them, shall be Of the
opinion that such injury, if any, result.
ed from defective construction Of the
canal, reservoir, culvert, or other work
aforesaid, and that such defect might
have been avoided by the use Of ordina
ry skill and care in the construction
p thereof or that 10 resulted from the
want Of proper care in the officers Of
agents of the State, in maintaining Oh,
same, or keeping the same in repair
, aud also that the injury was uuavoida
r BILE by the use of reasonable precautiOn
/ vigilance and care on the part Of Oh,
claimant, then, but not otherwise, tn,
commissioners, or q majority Of them
shall award TO such claimant suUl