The weekly Portage sentinel. [volume] (Ravenna, Ohio) 1854-1861, 1859-08-31

be thus paid shall be ascertained, (ii not
agreed upon by the board or the proper mem
Der thereof, and the corporation,) at the same
time and in the same manner that the COM
pensation 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, whist is the fran.
chise thus injured or destroyed, and W hether
the destruction is total or partial; which
finding, if not set aside in the mode herein.
before provided for vacating verdicts, shall
be conclusive evidence of the fact so found,
to all intents and purposes.
Sec. IL. The witnesses, clerks. sheriff,
coroner, constables, and jurors. respectively,
for the services required Of them by this act,
shall receive such fees as they are paid for
like services in similar cases. Tbs probate
Judge shall receive for his services, five dol
lars in addition to the usual fees for issuing
processes and recording the proceedings;
the persons appointed to show the property
and take charge Of the jury upon q view as
aforesaid, shall receive such fees for their
services as the court may allow, and the ex.
penses of conveying the jurors to the place
or places to be viewed, may be allowed BY
the probate court and taxed as cost. All
names drawn from the jury box by the clerk
and sheriff, as hereinbefore provided, shall
be by them replaced in the box, and the per.
sons whose names were thus drawn shall be
liable 10 service as jurors in the same man.
ner ss if they had not been drawn for the
special service required by this act.
Sec. l2. By the word "costs" in this act
taxable costs only are meant. Unless 9TH
erwise herein provided, such costs shall be
paid by the state; but upon proceedings in
error the party failing shal 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 becSme liable to
pay costs as aforesaid. 1t sha II also be law
full 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 deduction be made,
the board, or said member, shall pay such
costs to the persons entitled thereto or to the
proper clerk for their use.
Sec. l3. Any person whose property hGs
been or may be injured by any breach in or
leakage or overflow of any canal, slackwa.
ter, pool, reservoir or other work appertain-
inc to such canal, siackwater, pool or reser.
vor, or by the want of capacity, or filling
up, of any culvert thereof, or the washing
away of earth caused by any state dam, un.
der the charge OF the board, may at any time
within one year from the occurrence of euch
breach or commencement of such leakage
or happening of the injury occasoned by
such culvert or dam, apply to the board, OF
the proper member thereof, for damages
The board, or such member, and the claim
ant, may thereupon agree upon and appoin
three disinterested persons to serve os com
mission to consider such claim, but if they
cannot so agree, the board, or such member
within reasonable time, shall apply TO tht
governor 10 appoint three such commission
ers, and the governor shall make such ap
pointments. The commissioners shall, before
entering upon the discharge of their duties
severaly take an oath or affirmation, t
faithfully and impsrtially discharge the du
ties of their appointment. They shall have
like powers as are hereinbefore granted t
probate courts in respect to summonng ant
qualifying witnesses, and all subpoenas 70
witnesses issued by them may be served an,
shall be returned to them in like manner a.
if issued by probate courts. They shal
meet at such time and place as the board, o.
the proper member thereof shall appoint
and shall have power to adjourn from day Il
day, (Sundays excepted) and from place t.
place until their duties be completed. TIL,
claimant, when he prefers his claim as afore
said, may deliver to the board, or member
to whom he prefers it, the name Of the pos
Office within this state OF which he desire
to be addressed, and if he do so, il shall b.
the duty of the board, or the proper membe
thereof, to give him reasonable notice b.
letter, addressed to him, or any agent nance
by him for that purpose, at such post Office
or personally, of the time and place appoint
ed as aforesaid, for the meeting of the com
missioDers. The commissioners shall exi
mine the canal, reservoir, or other wor1
aforesaid, where the breach, leakage or over
flow occurred, or the culvert or dam, if oc
casioned thereby, and also, as far Us may b
practicable, the property said TO be njure
thereby, and shall hear all legal tes,imon
offered by the parties, and having done SO,
they, or majority of them, shall be of tn
opinion that such injury, if any, resulte
from defective construction Of the canal, re
servoir, cuvert, or other work aforesaid, an
that such defect might have been avoided b
the use of ordinary skill and care in the cor
struction thereof, or that it resulted from tn
want of proper care in the officers or agent
OF the state, in maintaining the same, G
keeping the same in repair, and also, ths
the injury was unavoidable by the use of ret
sonabIe precaution, vigilance and care o
the purt of the claimant, and then, but M
otherwise, the commissioners or a maiorit
of them, shall awsrd to such claimant sue
damages, by reason of the premises, as ma
be Just. Their decision, whether in favor
against the claimant, shall be 10 writin!
signed by those who concur therein; an
shall be delivered by them, with all subpot
mas by them issued, and q statement of tn
number of days they were engaged in tn
discharge of their duties to the board, {
proper member thereof. Each of them sha
receive for his services two dollars per da,
if such services be performed in the count
wherein he resides; but il performed
another county or counties, he shall recev
three dollars per day, and mileage at th
rate of three cents per mile. Such damage
and the costs incident to their ascertainmer
as aforesaid, shall be paid by the boar,
or proper member thereof, out of any money
appropriated by the general assembly ft
that purpose. Provided, however, that
the damages so awarded shall not exceed Ii
costs aforesaid, such damage shall not
paid. And provided further, that if the con
mssioners. or majority Of them, determin
that the claimant is not entitled to damage
he shall pay the costs. And provided fu
ther, that il shall be lawful for the board,