The Ashland union. [volume] (Ashland, Ashland County, Ohio) 1854-1868, 1859-08-03
fooNrINUED,FRoM FIRST pAaE.l

service required by TINS act.
Sec. IL. BY the word sscosts" in this act
taxable costs only are meant. Unless other,
wise herein provided, such costs shall be paid
by the state; but upon proceedings in error
the party falling shall pay the costs in error.
Judgment for cost may be given in favor of
the state, and against the owner by the court
in which the proceedings may be pending,
when the owner became liable to pay costs as
aforesaid. Itshall also be lawful for the board
or proper member thereof, to deduct from the
compensation to which any owner may become
entitled as aforesaid, all costs for which such
owner is liable as aforesaid, and which such
owner shall not have paid, and if such ,deduc-
ton be made, the board, or said member, shall
pay such costs to the persons entitled there
to or to the proper clerk for their use.
Sec. Ii. Amy person whose property has
been or may be injured by any breach in or
leakage or overflow of any cana, ~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 Gull
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
fromthe occurrence of such breach or COM
mencement of such leakage, or happening of
the injury occasioned by such culvert or dam,
apply to the board or 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 mem
Der, within a reasonable time, shall apply TO
the governor to appoint three such commission
era, and the governor shall make such appoint
mcnts. The commissioners shall, before enter
ing upon the discharge of their duties, sever
ally take an oath or affirmation, to faithfully
and impartially discharge the duties of their
appointment. They shall have ike powers as
are herein before granted to probate courts in
respect to summening and qualifying witness
es, and all subpenas 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 there
of shall appoint, and shall have power to ad-
journ from day to day, Sundays exceptedO
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 lame Of
the post. Office within this state at which he de-
sires 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
addressed to him, or any agent named by him
for that purpose, at such post Office, or person
ally, of the time and place appointed as afore-
said, for the meeting of the commissioners
The commissioners shall examine the canal,
reservoir, or other work aforesaid, where the
breach, Leakage or overflow occurred, or the
scnlseFt or dam, If occasioned thereby, and also,
as far as may be practicable, the property said
to- einju lure thereby, and shallhearalll legal testi-
nony offered by the parties, and having done SO,
if they, or 4 majority of them, shall be of the
opinion that such injury, if any, resulted from
defective construction of the canal, reservoir,
culvert, or other work aforesaid, and that such
defect might. have been avoided by the use of
o~rdinarySskin and care In the construction
thereof, or that it resulted from the want of
proper care in the officers or agents of the state,
in maintaing the same, or keeping the same in
repair, and also, that the injury vas unavoida-
BILE by The use of reasonable precaution, vigil
ance and care on the part of the claimant, and
then, but not otherwise, the commissioners, or
a majority of them, shall award to such claim
ant 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 therein
and shallbe delivered by them, with all subpe-
mas by them issued, and a statement of the
number of days they were engaged in the dis
charge of their duties to the board, or proper
number thereof. Eaehofthem shall receive for
his services two dollars per day, if such service
be performed In the county wherein he resides
but if performed in another county or counties,
he shall receive three dollars per day, and mile
age at the rate of three cents per mile. Such
damages and the costs incident to- their ascertain
nent as aforesaid, shall be paid by the board, or
propermember thereof, outo of anymoneys appro-
priated blythe general assemblyfor that purpose.
Provided, however, that if the damages so
awarded shall not exceed the costs aforesaid,
such damage shall not be paid And provid-
ed further, that if the commissioners, or a
majority of them, determine that the claimant
is not entitled to damages, he shall pay the
costs. And provided further, that it shall be
lawful for the board, or porper member there
of, at any time before the decision of the
commissioners, to offer to pay the claimant
such sum of money as the board, or said mem.
Der, may think him entitled to by reason of
the premises, which sum-, if he agree to accept
il, shall be paid to him, and shall discharge
his claim; but if he refuses to accept to It'll
he shall pay all costs incurred subsequent to
such offer, unless a large sum. be awarded to
him by the commissioners than the sum so
offered. Costs for which the claimant may be-
come liable as aforesaid, may be recovered of
him by action in the name of the state. The
board shall cause the decision Of the commits
sioners to be recorded in a book to be provided
by them for that purpose, and such decision
shall bar the claimant from again preferring
the same claim against the state. IF one of
the commissioners fail to serve, the other We
may appoint a suitable person to fill the va
cancy; if more than one so fail, the vacancies
shall be filed by appointments by the governor
Provided, however, that when from the circum-
stances of the case it shall be apparent that
overflow and consequent injury will be of
occurrence, it shall be the duty of
h-board, or member, having the division in
charge, to proceed under this act to appropri-
&fr Cor the use of such canal, slackwater, pool,
RESERVOIR. and easement in the property af- |
/. etcd, and acquire the right to overflow such
laIds to the extent to which they are liable to
by the works as constructed at the
fine of such appropriations, and the compen-
.ation 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 commencement of such