The Wyandot pioneer. (Upper Sandusky, Ohio) 1853-1868, 1859-06-24

chise thus injured or destroyed, and whether
the destruction is total or partial which find
ing, if not set aside in the mode hereinbofore
provided for vaca ing verdicts, shall be conclu-
sive evidence Of the fact SO found, to all in.
tents aud purposes.
Sec. II. The witnesses, Gle ks, sheriff, cor.
oner, constables. and jurors, respectively, for
the services required Of them by this act, shall
receive surh fees as they are paid for like
services in similar cases. The probate judge
shall receive for his services, ave dollars in ad
dition to the usual fees for issuing processes
and recording the proceedings; the persons ap-
pointed to show the property and take charge
Of the jury upon view as aforesaid, shall re.
ceive such fees for their ser, ice as the court
may allow; and the expenses Of conveying the
jurors to the place or places to be viewed may
be allowed by the probate court and taxed as
cost. All names dawn from the jury box b,
the clerk and sheriff, as hereinbefore provided
shall be by them replaced in the box, and the
persons whose names were thus drawn shall
be liable to service as Jurors in the same man.
ner as if they had not been drawn for the spec.
ial service required by this act.
Sec. IL. by the word "costs" in this act,
taxable costs only are meant. Unless other.
wise herein provided, such costs shall be paid
by the state: upon proceedings in error. Judg
ment for cost may be given In favor of the
state, and against tie owner by the court in
which the proceedings may be pending, when
the owner became liable to pay the costs as a.
forsaid. 1t shall also be lawful for the board,
or proper member thereof, to- deduct from the
compensation to which any owner may become
entitled as aforesaid, all costs for which such
owner is liable as aforesaid, and which such
owner shall not have p,id, and il such dsduc-
tion be made, the board, or sad member, shall
pay such costs to the persons entitled thereto
or TO the proper clerk for their use.
Sec. l3. Any person whose property has
been OF may be injured by any breach or leak
age or overflow cf, any canal, slackwater, pool
or reservoir or other work appertaining to such
canal, slackwater, pool or reservoir, or by the
washing away of earth caused by any state
dam, under the charge Of the board, may at
any time within one year from the occurrence
of su"h breach or commencement of such leak
age, Or happening Of the injury occasioned
by such culvert on dam 10 apply to the board
or the proper member thereof, for damages
The board, or such member, and the claimant
may thereupon agree upon and appoint three
disinterested persons to serve as commission
to consider such claim, but ii thev cannot a.
gree. the board or such member. within rel.
sonable time. shall apply to the governor to ap-
point three such commissioners. and the gov
ernor shall make such appointments. The
commissioners shall, before entering upon the
discharge of their duties, severally take an
oath or atfirmation,t to faithfully and i'm artial-
ly discharge the duties of their appointment
They shall have like powers US are .hereinbe-
fore granted to probate courts in respect to
summonng and qualifying witnesses, and all
subpoenas for witnesses issued:by Them may be
a1otl bo u % ,,x1 L.
manner as il issued by probate courts. They
or the proper member thereof shall appoint.
and shall have the power to- adjourn from day
to day, Sundays excepted, aud from place to
place until their duties be completed. The
claimant, when he prefers his claim as afore
said, may deliver to the boird, or member to
whom he prefers it, the name Of tho p 'st office
within this state at which he desires to- be ad
dressed to him, or any agent named by him
for that purpose, at such post office, or person.
sllv, of the time and place appointed as afore
said, for the meeting Of the commissioners
Tive commissioners shall examine the canal
reservoir, or other work aforesaid, where the
breach, Leakage or overflow oecur.e ed, or the
the culyert or dam, If occasioued 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, il they, or majority Of them
shall be of the opinion that such injury, if any
resulted from defective construction of the Ca
nal, reservoir culvert, or other work aforesaid,
and that such defect might have been avoided
by the use of ordinary skill and care in the
construction thereof, or TINT it resulted from
the want of proper care in the officers or agents
of the state, in maintaining the same, or Keep
ing the same, or keeping the same in repair.
and also, that the injury was unavoidable by
the use of reasonable precaution, vigilance and
care on the part Of the claimant, and then, but
not otherwise, the commissioners, or majority
o: them, shall award to such claimant such
da n ages, by reason of the. premises, as may
be Just. Their decision, whether in favor Of
CT against the claimant, shall be in writing,
signed by those who concur therein. and shall
be delivered by them, with all subpoenas by
them issued, and 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 fer his
services two dollars per day, il such be per-
formed in the county whorein he resides; but il
performed in another county Of Counties, he
shall receive three dollars per day and mileage
at the rate Of three cents per mile. Such damages
and the costs incident to the asccrtainment
bnePeoi,snail Dc pau UNI VI duJ tiuuty dPPfo-
by the general assembly for that pur-
pose. Provided, however, that il the damages
SO awarded shall not exceed the costs aforesaid
such damage shall not be paid. And provided
further that If the commissioner, or majority of
them, determine that the claimant is not enti-
tied to damages, he shall pay the costs. And
provided further. That it shall be lawful for
the board, or proper member thereof, at any
time before the decision of the commissioner,
to offer 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, and shall discharge his claim; but if he
refuses to accept to[lt, The shall pay all costs
incurred subsequent to such offer, unless lar.
ger sum be awardedto him by the commission
ers than the sum 30 offered. Costs for which
the claimant may become liable as aforesaid,
may be recovered of him by action in the name
Of the state The board shall cause the decision
Of the commissioners to be recorded in book
to bspropided by them for that purpose, aud
such decision shall bar the claimah ut from a.
gain preferring the same claim against the
state. If cne of the commissioners fail to