The Highland weekly news. [volume] (Hillsborough [Hillsboro], Highland County, Ohio) 1853-1886, 1859-08-18

lu buc ulhcu0IkG OF bhNlE uutlG1l 70 Lue
board, or proper member thereof
Each Of them shall receive for his SER
vices two dollars per diy, if such servi
ces be performed in ths county where
in he resides; but if pBrformed in an
other county or counties, he shall
receive three dollars per day, and
mileage at the rate Of 3 cents per mile.
Such damages and the costs incident to
their ascertainment rs aforesaid, shall
be paid by the board, or proper member
thereof out Of any moneys appropria
ted by the general assembly for that
purpose. Provided, however, that if
the damages so awarded shall not exceed
the costs aforesaid, such damage shall
not be paid And provided 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 prop
er member thereof, at any time before
the decision of the commissioners, TO Of.
fer TO pay the claimant such sum Of
money as the board or said member
may think him entitled to by reason Of
the premises, which sum, if he agree to
accept it. shall be paid to him, aud shall
discharge his claim; but if he refuses to
accept It'll he shall pay all costs in
CURED subsequent to such offer, unless
larger 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 recov-
cred of him by action in the name Of
the State The board shall cause the de-
cision of the commissioners to be re-
rorded 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 two may appoint a suitable
person TO Gil the vacancy; if more than
one so fail, the vacancies shall be filled
| by appointments by the governor
Provided, however, that when from the
circumstances Of the case it shall be
apparent that such overflow and conse-
quent injury will be Of frequent oc-
|currence, it shall be the duty Of the
board, or member, hating the division
in charge, to proceed under this act to
appropriate for the use of such ca
nal slackwater, pool, or reservoir, an
easement in the property affected, and
acquire the right to overflow such lands
to the extent to which they are liable
to overflow by the works as construc.
ted at the time of such appropria
tions, and the compensation 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 commence
ment of such proceedings for appropri.
ations, by reason Of any overflow and
consequent injury resulting form said
works as constructed at said time.
Section IA. All payments required
or authorized by this act, to be made by
the board, or either Of their members
shall be made out Of the moneys oppro.
priated for the purpose by the general
assembly.
Section IS. That in all cases in
which it may be necessary for the said
board of public works, by themselves
or legally authorized agents, to let con
tracts for the performance of labor, OF
the furnishing of materials, for the
construction Of feeders, dykes, reser.
voirs locks, dams and other works and
devices for perfectiug and keeping ia
repair the public works under theil
charge, it shall be the duty of the pro
per member Of said board, in his OWE
name, or by the resident engineer hav.
ing charge of the division of the pub
lie works upon which said labor is tC
be performed, or materials to be furn
ished, to cause such general notice Of
the letting Of said contracts by publ
cation in newspapers and putting ~
advertisements, as will secure a fail
and general competition; which said no
tice shall contain a statement Of th,
time, place and manner Of receiving
proposals for said contracts, and tn,
character and magnitude Of the work
to be performed the materials to bt
furnished, or both, if required for The
construction Of the proposed work; anC
no proposal for any such contract shall
be considered by the board, in which
any superintendent, engineer or any
employee upon the public works of the
State shall be interested nor shall they
consider any proposal that does moi
contain the full name Of each and ever,
person interested in such proposal, anC
the board may require the party o.
parties to whom any contract may b.
awarded, TO give security for the faith
full performance thereof provided, how
ever that in cases of public exigency
as hcreinbcfore defined, such contract
may be made without such previous no
} tice.
Section IG Where the determination o
any matter is or may be devolved bv law up
on the board or either OF their members am
the examination Of witnesses shall be necassa
sary, orproper, 10 enable them or him 10 de
termine the same, aud i'm all cases In whic
, aflidavi'a are or may be required by law 10 b
. filed I'M the office Of the board, or del Ivered d
a member thereof, On any other Office, 90
oath or affirmation 20 the witness or afim
may he administered by either Of the member
/ Of tho board
3 Section "a To give effect TO the true IN
tent Of this act, any word herein imp0rtn
Que gender may be construed 10 include per
sons or things Of any other genderi any wor
: Importing the singular number may b
, extended TO and applied to several persons q
J thngBi any word importing the plural mum
Der may be deemed also applicable 10 a siugl
person on thing, The wOrd "board (" whe
} used In this act means the board Of Dubli