Such commissioner and assessors shall proceed to ascertain (firstly) whether the injury or destruction for which such compensation is claimed was wilfully and unlawfully committed, whether such injury or destruction might not have been prevented by reasonable diligence or caution on the part of the person claiming, whether such person so claiming has used reasonable diligence to bring the guilty parties to justice, and whether by reasonable diligence he might not have recovered from the offending persons the amount of such injury or destruction; and (secondly) what amount of damage for the injury or destruction so sustained should be awarded to such claimant.
No. 3796 s. 45.