The spirit of democracy. [volume] (Woodsfield, Ohio) 1844-1994, 1859-06-15

shall make such appointments. The
commissioners shall, before entering
upon the discharge of their duties, sew
orally take an oath or affirmation, to
faithfully and impartially discharge the
duties of their appointment. They
shall have like powers as are hereinbe-
fore granted to probate courts in re-
spect to summoning and qualifying wit
nesses, and all subpenas for witnesses
issued by them may be served and shall
be returned to them in like manner as
issued by probate courts. They shall
meet at such time and place as the
board, or the proper member thereof
shall appoint, and shall have power to
adjourn from day to day, Sundays ex-
cepted,) and from place to place until
their duties be completed. The claim
ant, when he prefers his claim as afore-
said, may deliver to the board, or men,
Der, to whom he prefers it, the name
of the post Office within this state at
which he desires 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 address
sed to him, or any agent named by him
for that purpose. at such post Office, or
personally, Of the time and place ap
pointed as aforesaid, fer 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 cul
vert or dam, if occasioned thereby, and
also, as far as may be practicable, the
property said to be injured thereby, and
shall hear all legal testimony offered by
the parties, and having done so, if they
or majority of them, shall be Of the
opinion that such injury, if any, re-
suited from defective construction Of
the canal, reservoir, culvert, or other
work aforesaid, and that such defect
might have been avoided by the use of
ordinary skill and care in the construc-
ton thereof, or that it resulted from the
want of proper care in the officers or
agents Of the state, in maintaining the
same, or keeping the same in repair, and
also, that the injury was unavoidable by
the use of reasonable precaution, vigi-
lance and care on the part of the claim
ant, and then, but not otherwise, the
commissioners, or a majority of them,
shall award to such claimant such dam
ages, 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 con.
cur therein; and shall be delivered by
them, with all subpenas 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 pei
, day, if such services be performed in The
, county wherein he resides: bu, if per
formed in another county or counties
he shall receive three dollars per day
if such services be performed in the count,
, wherein he resides; but if performed in anoth
er county or counties, he shall receive three dol
lars per day, and mileage at the rate of thre
cents per mile. Such damages and the cost
incident to their ascertainment as aforesaid
shall be paid by the board, or proper membe
general assembly for that purpose. Provided
however, that if the damages awarded shall
not exceed the costs aforesaid, such dana 6
, shall not be paid. And provided further, tha
if the commissioners, a majority of them
: determine that the claimant is not entitled t
i damages, he shall pay the costs. And provide
d further, that it shall be lawful for the board
y or proper member thereof, at any time befor
d the decision of the commissioners, to offer t
e pay the claimant such sum of money as tn
q board or said member, may think him entitle
O to by reason of the premises, which sum, if h
n agree to accept it, shall be paid to him. and sha
;, discharge his claim; but if he refuses to acceI
to [itl, he shall pay all costs incurred subs'
auent to such offer unless O larger sum
>. awarded to him by the commissioners than til
). sum so offered. Costs for which the claimar
q may become liable as aforesaid, may be reco'
/ cred of him by action in the name of the stat
q The board shall cause the decision Of the con
missioners to be recorded in book to be pr
r vided by them for that purpose, and such dec
r sion shall bar the claima Mt from again prefe
II ing the same claim against the state. If one
F. the commissioners fail to serve, the other tw
e may appoint a suitable person to fill the vacal
n cy; if more than so fail, the vacancies sha
s. be filled by appointments by the governor; pr
&c vided, however, that when from the circun
q stances of the case it shall be apparent th
such overflow and consequent injury will be
frequent occurrence, III Snall pe TIE uuty VI u
- board, or member, having the division in charg
= to proceed under this act to appropriate for IL
'e use of such canal, slackwater, pool reservoi
RI and easement in the property affected, and a
le quire the right to overflow such lands to II
a. extent to which they are liable to overflow
N the works as constructed at the time of sue
re appropriations, and the compensation awardt
RS t6sthe owner shall be in full for such easemer
N and shall bar any claim of the owner of SUI
is lands for damages thereto, occurring after Il
commencement of such proceedings for appr
It, prIation, by reason of any overflow and cons
r. quent injury resulting from said works as CO
ia structed at said time.
or Sec. IA. All payments required or autho
- lied by this act, to be made by the board,
of either of their members, shall be made out
~ - the moneys appropriated for the purpose by t
general assembly.
sSs Sec. Is. Where the determination ofmatte
4 is or may te devolved by law upon the boar
~ or either of their members, and the examinati
of witnesses shall be necessary, proper,
~ to enable them or him to determine the same, al
III - in all cases in which affdavits are, or may
'h required by law to be filed in the office of t
II, board, or delivered to a member thereof, or
ed be filed by the board, or a member thereof,
any other Office, the oath or affirmation to t
n witness or afiant may be administered by eitl