The Perrysburg journal. [volume] (Perrysburg, Ohio) 1853-1861, 1859-08-25
LAW 5 OF OHIO
PUBLISHED eY AUTHORITY.
[CoSctuDEp ]
An AIr

sec. 9. After such appropriation ls made a. shall
be the duty OF the probate judge, Immediately to
make M the cost bill Of proceeding when tie bo1ri
or p,oper member thereof shall, withoWt any uuncc
tssry deuy, pay the sau. nud shall also ln! The nd-
jnlged compcnsa ION by drawing his warrant upon
the Auditor n the mtucr wcscribcdh hy law, IN favor
OF tile proper pafy aud II the patty entitled 10 such
conmptnsauOn shan not call tor tie tuhe, the Audi
Tor snail nrver.h,css issue The proper warrant upon
the treasurer IN his behalf for the sOmc aud shall re-
tain such warrant Until led for; and the money
shall he taken and hcrl 60 be deposited IN the tehsi
ry for tha use and benz TT OF the pury ontlcd to the
same frOu tie date o such warrant; provided that
no interest shall bc paid upon the compensation or
costs us Aforesaid; provided, that the boid. or The
proper member thereof may, at their option, my tl
costs aud refuseto make the appropriation u IN thcir
or Judgement the gOmI IGhsaUh assessed Is 100 great
to Jisuy tue appropriation
sec. Z. Proof Ot the service or publication nt TIE
certificates aforesaid, wh rtqNired 10y th, act niy
bo made 10y the afhdayt O auy person having pcrso-
nal knowledge oi the lagt
Sec. 5. II tho property appropriated Ia case Of
public eNigcncy ~ herein buIorg provided, or ~ hr
appropriated IN oihrr ses aforesaid shaIl belon"
a. the heirs ot devices, uf dgceden md the ulm
and pHces Of rcsid nee Of such nora OF dovs 20.
any or either ot tnen shat b. unknown TO tue BOAR"
Or the proper memheis thereof ~. h person, Nhpeo
names and places OF resi- GO shall bg ihus uuknUWu
my he descrtbod IN, all aud angular tlc papers ana
poce IN g uioresud, us tho kroNn hetr or heirs
devise,, ar dtvI,ees tie clso may be, ot the dcre
dent hH or her uumc br known 10 toe board, or to
satd member thereof But 1t the nin1 suun dupe.
den BE unknown to the bort orto the proper omber
th,rtot or II tue names tnd places OF rsdueC al the
owners, or any of item, (Wh, ,thrt hOl idg dissent
devise or PuUhasc be "a ike manner uuHno va sucu
owner owners, whose ntntus Aud places dcnco
snail b5 unknown, may be d0srriuud m, ni and stugu
lhl the papers and pioGetdmGshiO caMd ~ tue gene
ial DESCRIPTION oi Unknown oNnrr or uwuers AUDI
such general description snl also bc sutu,cnt wh.u
Tue residence OF the owner OF uNners IS without the
state
See, o. Married womon whose properly shall be
appropriated under ibis act shil ptule or dulug
oil thihgs which it may bu law,ul or necessary tornI
owner to DO ~ the ptcnisus as ldy an thr} were
unmarried nnd of uil age. And guardians, OF aIorc
sud shall have as tuli power 60 octio 'hc'r wUrds
respctu'oiy Hs the wards re-pccuYey would nave, i
were thoy under no disability.
Dec. TO- Corporations, IA addition to pa, mcnt lori
ther property, rtnl Oi personal appropriate aure
sald snail bo entitled to compensation Tor destruc
uon tolal or partla of the ydiuo ~ thclr hhuchsos
directly oaustdbS such appropriation u their real or
personal property as follows: II tue value OF the ,au
ch'so be totally destroyed, such value shall he paid
Rnd The franchise shall to exist, II rs value ho
Out partly destroyed IHuahls compensation shalt be
mhde. lho compensation 10 bu thus phid shall be us
certained, Ql not agreed upon Uy the board, the
proper member thereon, nud the corporntun) ut tho
snme time And in the same manner that the COmpcn.
ssllon I" be paid Tor the real or pesona property ot
the corpOraed aforesaid, shall be ctaincd; aud
tneJ Jur shall state IN their verdict what 10 the lruu
chlko tbus injured or destroyed, ana whethor tho do
strucuon IL total or paruuli which hnimg, II no,
aside IN the mode herolubelure provided Tor vucatng
verdicts, shall be conclusive evidence OF she
iOuhd, 10 all mtents aud purposes
SEQ. II, The Witnesses clorl. shorirr coronor co,
Nable and jurors respectively tho service required
OF them Uy Ihs act shall snuh fees 49, they ARE
pald Tor Ike services III similar cases, Tho pr0butc
Juuge : all receive for his seyccs i've dollars in nd
dtOn to the usual tees for issuing process aud ccor-
dlhB 'he proceedings the person, appointed to show
the propert! and take charge OF the jury upon view
aforesaid shall receive sUoh fees Tor the seryers uA
tue court may allow; aud the expense for cunve yin
tht ors to the place orplhCes 10 he ycNod nuy be
loWed by the prolate,o ut aud taNcdus cost An names
.rawh nom tue jury uuN 10y tho curk aud sheriff ns
herein provided sdull he by them replaced IN the hoS
anu the persons whose names ne lhus drawn shall
ne i'hhie TO service Hs Jurors in tie iunnuer ~
Hthey had not been drawn for the SPECIAL service re-
quired by this act
sec ~. Ky the word "costs," In this act taxable
costs ohiy are meant Unless otherwise heten pro-
Vueu' sueh costs shall be paid by the state; but upoa
pr"ceeulhSS IN error the party ia In. shall pay
the eos IN error Judgment or costs ma, he given
intaVor OF the state, nud against the owner, by tho
court court III Mnich the proeeedmgsmry be pending whom
the owner b, ,cUmes Liable To pay costs as fortsld -
Shal' also be lawful for the board or proper nou-
her thereo, 20 deduct hum thc comupusatiu TO wGich
shy owner may become euutled, as aforesaid, oil
sists 'or winch such owner IS liable aforesaid aud
Whivh such ownor shall uo have paid. and II sucn de-.
ducth be made the honId, or said mumuor shall pay
suoh o"sIS to the persona entitled thereto to tbs
proIer clerk for their use,
Sec l3 Any person whose rrorcrty has been or
may DC injured 10y ANY lrCucA IN or LEAKAGE . over
now oiauy canal stckwater puol, resrry ur o. other
w'rk hPpelhlnng to such canal Sla,kwutor, pool or
feseNoir'oi bN the want OF capacity, or filing up of
any cGlNer thereof, or the wasting away et earth
caused bJ any state dam unde the change O the load
may at 9hl time within one year from the occurrence
OF suoh preach or vommenVumeuJ ul such irllagc or
happening ol the iuJur, ocvnsoue 10y such cuiyvr or
D9 hlliy I" tie hoard or proper meuh,r thereof Tor
- .nu lac bomd or such memNcr aud tly claimant
"9 'ntreUloh agree upon and appoint three dis,u-
tereseu persons tu surve asa CGmmi.sUu to tousi ur
suth clam, hut they cannot So agree the uuar or
sueh mtmoer within reasonable uLe, shall apply 70
Ue SuNehorio apr oint TIN zee such cuum astuucrs aud
hekoNernor shah make such appulutavuts The com.
miss'"heis shall bctuTe entering upon the discharge
ottheir "otie>, seveniG take IN oath or silrnluon
ma Inn. tuIl. gt 81.
Their appointment, JhoN shall have like pOWuYS a,
ar' hettuciote granted to probate courts Ia respect
to snmmohIhS hnd qualifying wituce,es,ai tal sunpW
mas Tor Witnesses Issued by tAem may he served and
returned To them in like mauvl as IL issued ly pyu
bate courts, Ihtl shalt meet AZ such time amt place
tue uoNrl' or tue proper member thUrvut shUh Jp
point ana sl'll nave power 10 q jJuru from day TO-
1aI lsond"ls except u) aod from place 20 place untu
ther duties be completed The vamluut, UUrn hu
lreels hs cmm as aor, 'aldmN del vtr to tUt b. ard
OF nhtr Ia whom lac plvvr, IL. tao uAma ui The
post ohte within tins state winch he desires tu be
addressed, and il he do so II SASH be tac duy OF ho
boaru, or pole' wvmb. tHereo, to gtv0 bn reason
able h"tlte ul tUel avulVssvu To hlu, .uy aLyUt
named 10y him toi hAt purpose az suCu post uluv or
personally 20. tdv tns lai pace dpp1m,rd as a.ore-
sald' iur the meeting ui th commissioners. Iuo com.
mssioneis shaI examine The canal stNrgN,ir or uth.
work aortslld where the hra uvh leak re or over.
flow oecurcdor The calvert uau uyc,,ivard heru-
b! anu also, 0S last as may he pi0vUcauc, the prop.
ertH said TO be jur thereby aud sna h,ar all to-
gal testimony offered 10y the PARTIES and having
80, tthey or majority Ot tuVm shall bt ottuc opin
ION that snch injury, ANY, resulted from uvc,trc
construction OF the canal. reservoir ,r or o,hur
work aforesaid, and that such detect u bt have ueuu
aVo ed by the use OF ordinary skill aud care ia tsy|
eonstfnetion thereof or that It resulted rom want NJ
proper care in the officers Ugen.s OF the state iu
maintaining the same or keeping the same in repair.
aud also that the uN was uuar udlue uy the use OF
reasonable precauuon, vigilance and care the part
1.-THE claimant and them but not Otherwise the com
missloners or majority o them shall award 70 Su,h
claimant such damages, hy reason of tie pr,m
may be just Their decision whether in mroro or
against the elaimsntshol be in writing signed b, thos
who concur therein; end shall be delivered by them
with all subpGnasby them issued ana statement ot
the number OF da they were engaged in the dis
tGarge OF their duties che board proper mher
eLIIsof Zach OF them shall receive for his ser,i-
eesM odOars a day, such service be performed in
the county wherein he resides; but pertOrmt IN an.
other county counties he shall receive three dollars
per day and mileage NJ the rate o. tarec couts per-
mile Such damages and the costs incident 20 their