M'arthur Democrat. (McArthur, Vinton County, Ohio) 1853-1865, 1859-06-09


and shall hear all legal testimony offered by
the parties, and having done so, If they or a
majority Of them, shall be ofthe opinion that
such injury, IL any, resulted from defective
construction Of the canal, reservoir, culvert
or other work aforesaid, and that such de-
feet might have been avoided by the use Of
ordinary skill and care in the construction
thereof, or that il resulted from the want Of
proper care in the officers or sgents of the
state, In maintaining the same, or keeping
the same in air, and also, that the injury
was unavoidable by the use of reasonable
pecaution, vigilance and care on the part Of
the claimant, and then, but not otherwise,
the commissioners, or a majority of them,
shall award to such claimant such damages,
BY reason of the premises, as may be just
Their decision, whether in favor of or against
the claimant, shall he in writing, signed by
those who concur therein; and shall be de-
livered BY them, with all subpenas by them
issued and statement ofthe number Of days
they were engaged in the discharge Of their
duties to the board, or proper member there
Of Each Of them shall receive for his SER
vices two dollars per day, il such services be
performed in the county wherein he resides,
but if performed In another county or coun-
ties, he shall receive three dollars per day
and mileage at the rate Of three cents per
mile. Such damages and the costs incident
to their ascertainment as aforesaid, shall be
paid by the board, or proper member thereof,
out of any moneys appropriated by the gen.
eral assembly for that purpose. Provided 4,
however, that if the damages so awarded
shall not exceed the costs aforesaid, such
damage shall not be paid. And provided
further, that il the commissioners, or a ma
jOrity of them, determine that the claimant
is not EMIT led to damages, he shall pay the
costs. And provided further, that it shall be
lawful for the board or proper member there
of, at any time before the decision of the COM
missioners, to offer 10 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, and shall discharge
his claims, but If he refuses to accept to Gt),
he shall pay all costs incurred subsequent to
such offer, unless larger sum be awarded to
him by the commissioners than the sum SO
offered. Costs for which the claimant nav
tbecome liable as aforesaid, may berecovered
Of him by action in the name of the sta te.
The board shall cause the decision of the
commissioners 10 be recorded in 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 20 Sc rye, the
other two may appoint a suitable person to
fill 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, il shall
be apparent that such overflow and conse.
quent injury will be of frequent occurrence,
it shall be the duty ofthe board, or member,
having the division in charge 10 proceed un-
der this act to appropriate for the Use Of such
canal, slackwater, pool, or reservoir, and
easemen! in the property affected, and ac-
quire the right to overflow such lands to the
extent 10 which they are liable to overflow
by the works as constructed at the time of
such appropriations, 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, oc-
curing after the commencement Of such
proceedings for appropriation, by reason of
any overflow and consequentinjury resulting
from said works as constructed at said time.
Sec. II. All payments required or au-
tn orized BY this act, to be made by the board,
or either Of their members, shall be made out
of the moneys appropriated for the purpose
by the general assembly.
Sec. 10. That in all cases in which it
may be necessary for the said board of pub
lie works, by themselves or legally author-
zed agents; to let contracts for the perform.
ance OF labor, or the furnishing of materials.
for the construction of feeders, dykes, ieser-
yoirs, locks, dams, and other works and de-
vices for perfeCting and keeping in repair the
public works under their charge, it shall be
the duty of the proper member Of said board,
in his own name, or BY the resident engineer
having charge Of the division of the public
works upon which said labor is to be per.
formed, or materials furnished, to cause such
general notice of the letting oil said con-
tracts by publication in newspapers, and
posting up advertise ments, as will secure
fair and general competition; which said no.
tice shall contain a statement of the time,
place aud manner of receiving proposals for
said contracts, and the character and magni.
tude of the work to be performed, the mate
rails 10 be furnished, or both, if required, for
the construction Of the proposed work; and
no proposal for any such contract shall be
considered by the board in which any su.
perintendent, engineer or any employee up
on the public works Of the state shall be in
trusted, nor shall they consider any proposal
that does not contain the full name of each
aud every perssn interested in such proposal,
and the board may require the party or par.
ties to whom any contract may be awarded,
to give security for the faithful performance
thereof provided, however, that in case Of
public exigencY, as hereinbefore defined, such
contracts may be made without such previous
notice.
Sec. l6. Where the determination OF any
matter is or may be deyolyed by law upon
the board, or either of their members, and
determination Of witnesses shall be neces.
sary, or proper, TO enable them or him 10 de-
termine the same, and in all cases in which
affidavits are, or may be, required by. law 10
be filed ia the Office of the board, or deliver
ed to member thereof, or to be filed by the
board, or member thereof, in any other Of
fee, the oath or affirmation to the witness or
afiant may be administered by either of the
members of the board.
Sec. II. To give effect to the true intent
of this act, any word herein importing one
gender may be construed to include persons,
or things, OF any other gender; any word i'm
porting the singular number may be extended
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