Constantine republican. [volume] (Constantine, Mich.) 1836-1838, 1837-04-19

acting commissioner who may nave charge
of such work, TO be expended upon the
same, and il shall be the duty of every act
ing commissioner to take duplicate receipts
for all sums of money which they may adj
vance and pay 10 engineers, contractors, a.
gents and all other persons for and on ac-
count ofpublic works in progress under their
charge respectively; and that whenever a.
ny sums of money which shall have been
paid to any acting commissioners, and re-
manning unaccounted for, shall amount to
forty thousand dollars, it shall not be lawful
for the auditor Of the board to draw any
drafts Or order on the treasurer Of the state,
in favor of said commissioner, until he shall
have produced an account and vouchers to
said auditor showing the payment and cx-
pcnditurc ON the works under his charge,
of thirty thousand dollars out of the said sum
Of forty thousand dollars.
SEC. Is. The board OF internal improve.
ment is hereby authorized and required TO
establish the rate of tolls, subject, however,
to the direction of the legislature, to be paid
on all articles conveyed on any of the ca.
nails or railroads hereafter 10 be construct.
cd by the state, and to cree: all such toll
houses, weighing scales, offices and other
edifces, and also to purchase such ground
for the convenience thereof as they may
think necessary for the convenience and
profitable use of the canal or railroads, and
they are hereby authorized from time to
time to make all such rules and regu-
lations in respect to the collection oftolls, and
the payment thereof as they may deem ex-
pedient.
SEC. IA. Said board shall have power to
employ such and SO many agents, engineers,
surveyors, craftsmen, architects, and other
persons as in their opinion may be necessa.
ny to enable them to fulfil and discharge
the duties imposed upon them by this act !;
and to allow and pay the said agents, engi-
neers, surveyors, craftsmen, architects, and
other persons for their respective services,
such sum or sums as may be adequate and
z asonablc, and also to contract for and
purchase all necessary instruments for the
use of the engineers so employed by
them, and for the benefit of the state.
Sec. Is. The said board are hereby en-
powered to receive any cessions or grants
for the use of the people of this state, from
any person orpersons, of any lands through
which any line of canals or railroad or 9TH
err public work shall have been located /;
said board of commissioners, and every act
ing commissioner under their direction shall
be, and they are hereby vested with all the
privileges and powers necessary for the To-
cation, construction and keeping in repair
all canals, railroads and other improvements
Of which they may have charge, and the
said board, their agents or those with whom
they may contract for working or repairing
any Of the said works of internal improve.
ment or any parts thereof, may enter upon
use and excavate any land which may be
wanted for the site Of the same, or any 9th.
er purpose which is necessary liz the con-
struction or repair of any of said works.
Everyperson interested in premises through
or over which any canal, railroad or other
improvements may be located, by and un.
der the direction of the board of commits
sioners, and claiming damages for the same
or any other damages arising from such
works, shall within one year after the dam
ages claimed shall have accrued, exhibit to
the board of commissioners statement Of
his claim in writing, signed by himself, his
guardian or agent specifying the nature
and extent of his claim for damages; and
every person neglecting or refusing to ex-
hibit such claim within the time prescribed,
shall be deemed to have surrendered to the
people Of this state his interest in the pre-
misses used for the purpose aforesaid, and in
the damages arising as above mentioned !;
and whenever any claim for damages shall
be made within the time and in the manner
above specified, the said board of commits.
sioners are hereby authorized to fix by a.
greement with the claimant, the amount of
damages which such claimant shall receive.
and if any agreement cannot be made, the
claimant shall select one discreet freeholder
of the county in which such damages arise
having no interest direct or Indirect in the
damages claimed, and the said board shall
appoint another; and the two thus chosen
shall select third to act with them in ap.
praising the damages SO claimed. The ap.
praisers shall before they enter upon the
duties of their trust, take the oath prescrib.
ed by the constitution of this state, before
any person authorized to administer oaths !;
they shall then proceed to inquire into and
assess the damages so claimed taking into
consideration also the benefit resulting to
such claimanD and their determination or
that of any two of them as to the amount of
damages tina! shall be paid shall be conclu.
sive. The appraisers making such deter.
,,1;co,;o, sb,ll p,oLo n corfif,cafa thereof
under their hands and seals, and the amount
of damages so certified shall be paid by the
order OF the board from the Internal i'm.
provement fund IN the treasury, to the per.
son appearing by such certificate to be en-
titled thereto; Provided, however, That if
the amount of damages in any case shall
not exceed the sum offered by the board of
commissioners for such damages before the
appointment OF the appraisers, then the costs
of all the proceedings after such offers shall
be deducted by the board from the amour.
of camages certified, but if such amount
shall exceed such previous offer, then all
such costs shall be paid out of the fund for
internal improvement, and every allowance,
either upon appointment or by agreement,
shall be entered in the books of the board
of commissioners and whenever the sum
shall be allowed for premises appropriated
as above mentioned, the entry shall contain
apt and sufficient description of the same,
the names of the persons interested, and
the sums estimated to each for benefit and
damages, and the fee simple in the premises
SO appropriated and described, shall be there.