Western Reserve chronicle. [volume] (Warren, Ohio) 1855-1921, 1859-07-06

1919
fit of the party entitled to the same, from tn,
date Of such warrant provided, that no interes
shall be paid upon the compensation or costs a:
aforesaid. Provided, that the board or propei
member thereof, may. at their option, pay tht
costs and refuse To make the appropriation, if IL
their or his judgment the compensation assessed
is too great to justify the appropriation.
Sec. Z. Proof of the service or publication
Of the certificates aforesaid, when required 10y
this act. may be made by the affidavit Of any
person having personal knowledge of the fact
See. s. If the property appropriated in Q
case Of public exigency, as herein before provi
ded. or to be appropriated in other eases as
aforesaid. shall belong to the heirs, or devisees
of decedent, and the names and places of resi-
dence ofsueh heirs or devisees, or Of any or eth
er Of them shall be unknown to the board, oI
the proper member thereof, such persons whcst
names and places OF residence shall be thus un
known. may be described in, all and singular
the papers and proceedings aforesaid. as the I'm
known heir, or heirs. devisee or devisees, rs the
case may be. of the deeedent, naming such de-
cedent, if his or her name be known to the
board or said member thereof. But If the name
Of such decedent be unknown TO the board. or
the proper member thereof, or if the names and
places of residence of the owners or any of them
/ (whether holding by descent, devise or pur-
ehase,l be in like manner unknown. such owner,
or owners. whose names and places of residence
shall be thus unknown, may be described in. all
and singular, the papers and proceedings afore-
said, by the general description of unknown
owner, or unknown owners. And such general
description shall also be sufficient when the
residence of the owner, or owners, is without
this state.
See g. Married women. whose property
shall be appropriated under this act shall be
capable Of doing all things which it may be
lawful or necessary for an owner to do it in the
premises, as fully as if they were unmarried and
Uf full age. And guard aforesaid, shall
have as full power to act Tor their wards respect
lively, as the wards respectively would have,
were they under no disability.
| See. TO- Corporations, in addition to pay
ment for their property, real or personal, appro-
/ priated as aforesaid shall be entitled to COM
pensation for destruction, total or partial, of
/ the value of any of their franchises directly
caused by such appropriation of theirreal or per
] sonal property. as follows: if the value OF the
franchise be totally destroyed, such value shall
be paid and the franchise shall cease to exist f;
if It's value be but partially destroyed, ratable
compensation shall be made. The eompensa
ton to be thus paid shall be ascertaiued, (if not
agreed upon by the board or the prUper member
thereof and the carporatiOn,) at the same time
and in the same manner that tie compensation
to be paid for the real or personal property Of
the corporation appropriated as aforesaid. shall
be ascertained and the Jury shall state in their
verdict what is the franchise thus in jured, or
| destroyed, and whether the destruction is total
or partial; which finding if not set aside in the
mode hereinbefore provided for vaeating YER
diets, shall be conclusive evidence of the fact
I so found, to all intents and purposes.
See. IL. The witnesses, clerks, sheriff, eoTo
ner eonstables. and Jurors, respectively, for the
/ services required Of them by this act shall re-
eeive such fees as they are paid for like services
/ in similar cases. The probate judge shall re-
ceiye foI his services five dollars in addition TO
/ the usual fees for issuing processes and record
/ ing the proceedings; the persons appointed to
show the property and take charge Of the jury
| upon view as aforesaid shall receive such fees
/ for their services as the court may allow; and
the expenses of conveying the Jurors to The place
or places to De viewed, may be allowed by the
/ probate court and taxed as cost. All names
I drawn from the Jury box by the clerk and sher-
/ if. as hereinbcfore provided, shall be BY them
/ replaced in the box and the persons whose names
were thus drawn shall be liable TO service rs iu-
rors in the same manner as if they had not been
drawn for the special service as required by this
act.
SEC I2 BY the worl costs" in this act, tax
able costs are only meant Unless otherwise
herein provided, such costs shall be paid by the
state; but uFon proceedings in error the party
failing 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 pro-
eeedings may be pending. when the owner be-
came liable to pay the cost 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 afore-
said all costs for which such owner is liable az
Aforesaid, and which such owner shall not have
paid, and if such deduction be made, the board,
or said member, shall pay such costs 10 the per
sons entitled thereto, or to the proper clerk for
their use.
SEC. l3. Any person whose property has been
or may be injured by any breach in, or leakage
or overflow of. any canal, slaekwe ter, pool, res
ervoir or other work appeTtaining to such canal.
sackwater, pool or reservoir. or 10y 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 occurrence
of such breach or commencement OF such Leak
age, or happening of the injury OeeasiOned by
such eulvert or dam, apply TO the board, or the
proper member thereof, for damages. The
board. or such member. and the claimant may
thereupon agree uTOn and appoint three disln-
terested persons to serve as . commission to con-
slider such claim: but if they can not so agree,
the board, or such member, within n reasonable
time, shall apply to the governor to appoin;
three such commissioners, and the governor shall
make such appointments. The commissioners
shall, before entering upon discharge Of their
duties, severally take an oath or affirmation to
faith fully and impartially discharge the duties
of their appointment. They shall have like
rowers as are hereinbefore granted to probate
courts in respect to summOning and qualifying
witnesses, and all supenas for witnesses issued
bv them may be served and shall be returned
to them in like manner as it issued by probate
courts They shall meet at such time and place
rs the board, or the proper member thereof,
shall appoint, and shall have power to adjourn
from day to day, Sundays excepted,) and
from place to place, until their duties be COM
pleted. The claimant, when lie prefers his
claim as aforesaid, may deliver to the board, or
member to whom he prefers 1t, the name Of the
post-ofiiee within this state ut which he desires
TO he addressed: and if he do So it shall be the
duty of the beard, or proper member thereof, to
give him reasonable notice, by letter addressed
10 him. or any agent named by him for that
purpose, at srch postofiee, or personally. of the
time and place appointed as Aforesaid for the
meeting OF the commissioners. The commits
sioners shall examine the canal, reservoir. or 9th
er WCrk Aforesaid, NneFe the breacL iethHSe OE
overflow occurred, or the culvert or dam, If oe
easioned thereby, and also. as fer as may be
practicable, the property said to be injured
thereby, and shall here all legal testimony offer
ed by the parties, and having done so. if they,
or a majority of them. shall be OF the opinion
that such injury. if any, resulted from defective
construction Of the canal, rCsOvOir, eulvert or
other wcrk aforesaid, and that such defect might
have been atoilei, by the use of ordinary skill
and care in the construction thereof, o. that it
resulted from the want of proper care in the
officers or agents of the STATE, in maintaining
the same, or keeping the SANG in repair. and
also that the injury was unavoidable by the use
Of reasonable pFeeGution. vigilance and care on
the part of the claimant, and then, buf not
otherwise, the commissions :, or a. majority Of
them, shall award to such CLAIMANT such dam
ages, by reason of the premises. es nag te just.
Their decision, whether in favor Of or agnnst
the claimant, shall be in writing, signed by
those who concur therein, and shall be deliver
ed by them, with all supGnas 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 them shall receive for his services two dollars