The Cadiz Democratic sentinel. [volume] (Cadiz, Ohio) 1854-1864, 1859-05-25

1itis - atnresaiu, 2l4l have tnll power 70 ncl lor
heir wards respectively. as the wards respective
would have, were they under no disability.
Sc. Q Corporations, In addition 20 payment for
their property, red or personal. appropriated Is
aforesaid, shall be entitled 10 a compensation for a
total or partial, Of the value Of any Of
their FRANCHISE directly caused by such apPrOpria-
ton OF their real or persOnal property, IS follows:
If the value ofthr franchise be totally destroyed,
such value shall be paid aud the franchise shalt
cease to exist, fits value be hut partially destroy
ed. ~aratahle compensation shall be made. The
compensation to be- thus paid shallbe ascertaIncd,
If not agreed upon by the board or the proper
member thereof aud the corporation4 az the same
time and In the same manner that the c0mpensa-
ton to be paid for the real or personal property of
the corporation appropriated as aforesaid, shall be
asceFtained; 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 herein
before provided for vacatiHg vcrGcts, shall be con
elusive evidence of the fact so found, 70 all iutents
and purposes.
Sec. II. The witnesses, clerks, sheriff, coroner,
constahlrs and Jurors. respectively, for the seryi-
ces required of them by this act, shah receive such
fees as they are paid for like services in similaT ca
scS. The probate Judge shall receive for bis seryi-
ces, hive dollars in addition to the usual fees for is
suing processes aud recording the proceedings; the
persons appointed To show the property and take
charge Of the Jury upon y view as aforesaid, shall
receive such fees Cor their services as the court
may slow; and the expenses Of conveying the ju-
rors 20 the place or places TO be viewed, may be al
lowed by the probate court and taxed as COSTS
mi sh,,ifF as -; ~ ). - iJoI I'LL he hy
~, - - ~ ~ - ,rb,So
80 - ~ - Ill n ~ ~ Il HI, ,n so,yicc
as jurors in the same manner as il they had not
been drawn for the special service required by this
act.
.,s,s ~ III 49,, IfsI,.. S,horv;ss hcray
i, nr,y;J,d - -, aLs1i ~ natI n, IL.
st.frr. bnt man n,I,cSs,iinys H. sr,or tbs narty fail,
inc shall nav H. go H. ar,.1r TntITncnt f,t
&c 49,, -, ~ g. ~ anai,s,
tSn nrrncr he tLe cn,,rt i, ILL.,, tLc nrncred;ng.
nag no na,j;o,, ,.bcn ~ n,yr,,. hacab,c ljohIr 2,
no! d. -. - c,ror,d /, ALI aIsn ha lawful
E,r III. hoarj ~ n,,,,.r r,,r,Ln. ,hnrnot r.,
tn daj,,c, ron th, epn,nInor .,ta,n 10 which any
n,ynnr ma, ko,,,,,, o,t;,ipJ 49, aE,r,s.,d iii rosf,
far which sacb n,r,or MI hc I;ahln a. aforesaid
AMI which sfch oytnar NIL n,t h,ya Maid aud 4
s,,cb ,lraiction no mad. lilo hoard ar said mem
bar dali nav such cnsfs IN Tho ncysonS rntitlrf
thereto n, nj The nronnr c1a,k for ,6eir usc
SOC IL Anv p6,xnn vbnsn urnrortv has bccr
or n,,v hc ;n;,rard Lv any hre,eI, IL 81 leak a,.r n,
a,,rGa,y ~ a.. n,,al lt,ft,y ,ta, ,aol rasnTvn;,
or cher w =, :" s,nc,ta nm IN s,'h rrsnnl slock,ya
tor nnnl or yo.nrro;, nr hr tb, want Of canocitv
M 6E;,r ~ If an, 81, 90, ,bnront or tho y,sbi,i,
ipr a,yaTy IF car.b caused Inv tbc stats dam nndci
the cl,,ts,yc of Tho hoard NAV at any time within
ono vc,y from The occn,,cncn eff s,,c, breach q,
co,,;noncnnnrt ~ yn.h jcaLnac ~, h,unnniny n
thr in;urv accustomed h., surh c,Iyert nr dam an
pIy To- tbr bnard ar tbc nroner member thereof
for DAMAGES. Thn hoard or such member. anC
the ,Iai,,ont may tbrrcnnon agrcr mon and an
noint thrac disi;,t ornsto5 ncrsnps ia serye MS =
commission to consider such claim. but if the,
cannot al aoran ,hn hoard or snch ,nembcr with
il, a reasonable time. shall apnlv Ia the povcrno,
II, annoi,it three surb c,nnuitsioners and the g,y.
,runr shall maxi s,cb on,,int,ncnts The com
missionrIs sLaIl h.f,r. ,ntrring tpon the dis
rhnrvo of tI,cir dnties s.y.rallv take an oath OF
affirmation. To fIithfniIy and inipartially discbarc,
the duties of th.i, anpHintment They shall have
like nnwcrs ne are Lcrr;nbrcore Granted To urobat,
courts in rcsnect l., .un,,ou;nr and onaGfyipr Wit
nrsscs and all subnpnos far witnesses iSsncd bI
them NAV no .pry,d aud sbuil he returned Ia then
in Ike manner a. n is.ucd nv n.,,i,ntr courts -
they shall meet nj such tim: and place as thC
board. or tho prooor ncmbar thereof Shall appoint
and shall have power To adiourn froa, day TO- day
SUNDAYS excepted5 and from place To place unit
their Iu:iesbe camnletrd Thu lainin.ntwhe ht
urpfcrs his claim as aforesaid. may deliver to tn,
board. or member. to whom he prefers il. the nam,
of the post Office within this state ut which he de
sircs TO be addressed. and if he do SO. il shall b.
the duty of the board. or prcD1r member thereof
to rive him reasonable naticr hy letter addressed
to him, or any AGENT named by him for that pur,
pose, at such post office, or personally of the tim,
and place appointed as aforesaid. for the meerins
OF the commissioners. The commissioners sldi
examine the canal. reservoir, or other work agore
said. where the breach, leakage or overflow occur
red, or the culyert or dam, if accustomed thereby
and also, as far as may be pract'c bile, the proport,
said to be injured thereby and shall hear all legi
testimony offered by the parties, and having don,
so, if they. or a majority of them. shall be of tn,
opinion that such injury, If any, resulted from dc
ftctige construction of the canal, reservoir, culver
or other work aforesaid, aud that such defect Nigh
have been avoided by the use of ordinary skill anC
care in the construction thereof, or that it resulted
from the want of proper care in the officers Of
agents Of the state, in maintaining the same. OF
keeping the same in repair, and also, that the in
jury was unavoidable BY the use of reasonable pre-.
caution, viqilence aud care on the part of the chi
mant, and then, but not otherwise, the conmis
sioners, ora majority of them, shall award to sucl
claimant such DAMAGES, by reason of the premises
as may be lust. Their decision, whether in favor
of or against the claimant, shall be in writing, sign
ed by those who concur therein: and shall be deliv
cred by them, with all subprnas BY them issued
and a statement of the number of DAYS they were
engaged in the discharge Of their duties to The
board, or proper member thereof. Each Of then
shall receive for his services two dollars per dav
if such services be performed in the county where
in he resides; but if performed in another count,
or counties, he shall receive three dollars per dav
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