The Hancock Jeffersonian. [volume] (Findlay, Ohio) 1857-1870, 1859-07-22

bef thereof, shall, without suy unnecessary
e delay, psy the sane, and shall also pay the
y adjudsed compensation ty drawing his war
V rent upon the Auditor IN the manner pre-
: scrited BY Law, In favor Of the proper party
L and IL the party entitled to such cornpensa
i ton shsli not call fof the same, the Audito
J. shall nevertheless issue the proper wsrran
o upon the Treasurer in bis behalf for th
: same, and shall retain such warrant unit
II called for; and the money shall be take
j. and held 10 be demo o.i'sd - a. s.-"soiy 10
' tue use and benefit Of the party entitled L
q the same. from the date OF such warrant
e provided, that no interest shall be paid M
!. on the compensation or costs. o. aforesaid
U provided. that the Board, or the proper mem
: Der thereof. may, at their option, pay th
costs and refuse to make the appropriation
= " in Their or his judgment the compensatio
{ assessed !, too great 10 justify the sppfopri
: stion.
Src. 7. Proof of the service or publicat
OF The certificates Aforesaid. when reqUirs
by this act, NAV be made by the affidavit O
any person having personal knowledge o
the fact.
I sac y. " the property appropriated in
case uf public exigeney, as herein befot
provided, or 10 be appropriated in other cnses
rs aforesaid, shall belong to the heirs or de
IVlse,s Of decedent, and the names nm,
places Of residence Of such heirs or lcvIsees
of any or either Of them, shall be- unknovi
10 'h- BShrd, or the proper members thereof
Such petsonS whose nnmes and places o
ieSldence shnl be thus unknown, may b.
'desct'bed IN, all and singular, the paper
s''h proceedings aforesaid, os the unk now
heir, or heirs. devisee, or devisees. as tn,
ciSe may be, OF the decedcnt, naming sucl
' Idecedent, " his or her name be known |,
the Board, or 10 sad member thereof. Blu
u the name of such decedent he nnknown {,
the Board, or 10 the proper member thereof
loi " the names and places OF residence o
thc owners, or any OF them. whether hold
ing 10y descent, devise. or purchased be II
IKE m inntf unknown, such owner, or own,
lefS, whose names and places Of residenc,
slall be thus unknown, may he descr bed in
10 aud singular. the papers and proceed in 9,
Aforesaid, by the general description OF un
known owner. or unknown owners. And
such general description shall also be So NJ
cent when the residence OF the owner, ol
owners is without the state.
! SIC. 0. Married women whose propert,
shall be Appropriated under this act, shall
he capable Of doing all things which it may
he lawful OF necessary for an owner N do Ia
the premises. as fully ns II they were un.
married and Of full age. And guardians, =,
aforesaid. shall have as FUN power 10 act ioI
their wards respectively, ns the wnrds re.
Ispectiveiy would have, were they unG9r no
disability.
/ SIC. 10. Corporations, in addition In
! payment for their property, real or personal.
appropriated. as aforesaid, shall be entitled
TO compensation for a destruction. total or
u partial, OF the value Of sny OF their fran.
chisrs directly caused by such appropriation
! OF their real or personal property, as follows;
lif the value OF the francise be totally de.
stroycd, such value shall be paid and the
franchise shalt ceise TO exist; fits vulue be
but partially destroyed, n ratnb!e compe nsa.
ton shall be made. The compensation to
be thus paid shall he nscertained. iIf no,
agreed upon by the Board, or the proper
member thereof, and the corporation,) OF
the same time and in the same manner that
the compensation to he pAid for the real OF
personal property Of the corporation appro.
ptlated, as aforesaid, shall be nscertal ned ;
and the Jury shall state in their verdict,
what IS the lrnnciSe thus in juied or destroy.
/ ed. and whether the destruction is total OF
partial; which finding, If not set aside IN
;he mode hetrlnbcfOfe provided for vacatl np
verdlcts, shall be conclusive evidence OF
the fact so found, TO all intents aud pur.
poses.
! SIC. II. The witnesses, Clerk, Sheriff,
Coroner. Constable. aud Jurors, respectively,
Tor the services required Of them by this act
shall receive such fees as they are paid fol
IKE services IN similar cases. Tie Probate
Judge shall receive for his services, FIVE doi.
lars IN addition to the usual fees for issuing
process and recording the proceedings; The
persons appointed TO show the property and
take charge OF the Jury upOn a view, aiore.
sad, shall receive such fees for their ser,
vices as the Court may allow; and the ex,
/ pehSe ior conveying the Jurors to the place
or places 10 hc viewed. may be allowed b,
ths Probate Court and iaxrd as costs. Al
names drawn from the Jury box by the
Clerk and Sheriff. as herein provided, shal
be by them replaced in the box. and the per
sons whose names are thus drawn shall he liza
BILE 10 service as Jurors IN the same manner
as 4 they had not been drawn for The speclaI
service reqOifed by this act.
SIC. l2 by the word "costs'' in this
act, taxable costs only are meant. Unless
otherwise herein provided, such costs shall
he paid by the state; bu. upon proce" ID ngs
IN error the party failing shall pay the costs
! IN error. Judgment for costs may be given
IN favor OF the state. and against the owner,
by the Court in which the proceed ings may
be pending, when the owner became liable
10 pay costs, as aforesaid. Ii shall also be
lawlul for the Board. or proper m.mber there.
OF, To deduct ftum the compensation 10 whicl
any owner may become entitled rs aforesaid
all costs for which such owner is liable, as
Aforesaid, and which such such owner shall
not have paid, aud II such deduction bc
made, the Board, or said member, shall pa,
such costs 10 the persons entitled thereto, OIL
10 the proper Clerk for their use.
See. 10. Amy person whose property ha
a.
leakage, or overflow Of any canal, slackwa
ter, pool, or reservoir, or other work apper
tanning TO Such canal. slackwater, pool o
resrrvolr, or by the want OF capacity, or tll
'ng up, of any culveIt thereof, or the wash
Ing away OF earth caused by any state dam
under the charge OF The Board, may at an
time within one year from the occurrence a.
such breach, or commencement of such lea K
/ age, or happening OF the injury occaSionc,
tby such calvert or dam, apply to the Board
or the proper member thereof, for damages
n The Board, or such member, and the ella m
+, ant, may theTeupon agree upon and appoln
ihree dsnterested persons to serve as
) Commission TO consider such clam; but
! they cannot so agree, the Board, or sue
member, within reasonable time, shall ap
,Ipiy 10 the Governor to appoint such Com
, mlssioners, and the Gover@or shall max
? tSWCH appointments. Inc commissioned
4 shall, before entering upon the discharge q
their duties, severally take an oath or a
, frmation, 10 faithfully and impartially dis
change the duties OF their appointment. -
They shall have like powers as are herein
n before granted to Probate Courts in Iesnec
to summonlng and qualifying Witnesses
: and all subpoe aus for witnesses issued
them may be served and shall be returned I
them III like manneI, as II lss led by PIobat
Courts. They shall meet st such time an
: place as the Board or the proper membe
thereof, shall appoint; and shall have powe
TO adjourn from day to day. Sundays OK
Icepted,) and from place 10 place until thei
duties be completed The claimant, whe
he prefers his claim, as Aforesaid. may dclivt
to the Board, OF member to whom no pre-
feTs, the name OF ihu Post. D llice within hi
state at which he desires to be addressed
aud II he do so. It shall 5e the duty OF III
Board, OF proper member thereof, to give hiI
reasonable notice, by letter addressed to him
or any Agent named by him for that purpose