Gallipolis journal. [volume] (Gallipolis, Ohio) 1837-1919, 1852-03-18

other matters necessary to enable such colee-
tor to make such collections; and such coIee-
tors shall receive for such services such per
eentage on the amount collected as shall be de-
termined by the said board.
Sec. Z. In case of the removal of any col
lectDr, as provided in the preceding sectinn.
the member Of the board by whom such removal
shall have been made, may appOint some other
suitable person 70 such vacant Office, who shall
hold such appointment until the end Of the
next meeting of the board, unless removed as
hereinbefore provided.
Sec. 8. The board Of public works shall fix
the salaries Of the resident engineers appointed
by said board. the appointment OF the resi-
dent engineers by said board shall be for such
term as said board shall deem expedient, not
exceeding three years which said resident en-
gineer shall be subject to removal at any tune
during the term for which he shall have been
appoin ted, for malfeasanee in office, or for neg
lect Of duty, whenever the acting commission
er having charge of that portion of the public
works upon which said engineer is appoin ted,
shall believe the public interest requires such
removal. or when the provisions of the law shall
require the same. They shall have power, and
are hereby authorized to compromise with per-
sons owing water rents to the State, in all cases
when in the opinion Of said board the whole
amount due cannot be collected.
Sec. 9. The board of public works are hereby
authorized aud required to make an examIna
tion of the leases of wafer power upon or con-
neeted With any of the public works of this
State. made by any Of the lawful agents Of this
State, in cases where the lessees Of said water
power. or any assignee thereof, may require it.
and to adjust and fix the rents in arrear or TO
be paid BY said lessees assigns. at such prices
as they NAV deem Just and equitable, and TO
cancel existin leases, with the consent Of the
lessees or assigns, or when forfeited, where
they shall deem the interests Of the State will
be promoted thereby, and 70 shut of the water
and prevent the use thereof under any lease,
when rent due under said lease shall be IN ar
renr for thirty days. or when the lessee or as
signs refuse or neglect TO put in, or permit to
be put in, guages as required in their leases,
and 10 keep the water shut off until such rent
shall be paid, and said guages put in,
Sec, 10. That it shall and may be lawful fer
said board of public works. and each member
thereof, by themselves, and by any and every
superintendent, agent and engineer employed
by them, to enter Upon and take possession of
and use, all and singular, any lands, waters,
streams, and materials necessary for protecting
and keeping in repair the public works under
the charge of said board, and to make all such
feeders, dykes, reservoirs, locks, dams. and 9th
er works and devices as they may think proper,
for perfecfing and keeping in repair the public
works under their charge, doing, nevertheless,
no unnecessary damage.
Sec IL. In all cases when property shall be
taken as provided in the preceding section Of
this act, and when the board, or the acting
msmber thereof, and the owner of such proper
s,r fka 70 ha fort
same, the board of public works, or any member
thereof shall deliver TO the owner Of su ch prop
erty, or TO his guardian ifsuch o. ner be mi
nor. idiot or insane person, description Of the
property intended TO be appropriated, or which,
in case of public exigency. has been previously
appropriated, stating in such notice the time
when the value of such property will be as
ses5ed, and file copy thereof with the clerk Of
the court of common pleas Of the county where
in such property, or any part thereof, shall be
situnted; a Id shall deposite with the treasurer
of state, such sum of money as the member
having charge Of such division shall deem such
property worth, taking duplicate certificate
thereof one Of which shall be deposited with
the clerk of said court, and the other retained
by said member, which sum, so deposited, shall
De kept by said treasurer until the determine
tion Of said suit. If however, the owner Of
such property shall, at any time previous 10 |
the trial of said case, signify his willingness TO
accept the amount so deposited, in satisfaction |
of such damages, said member shall pay TO such /
owner said amount of money, and the fee sim \
pie of such property shall thereafter be vested |
in tine State of Ohio. If the owner. or his or
her guardian, be unknown, or reside without |
the State Of Ohio, the board of public works
shall publish in some newspaper of general cir
cuation in said county, for the term of thirty |
lays notice, the same as that filed with said
clerk. and stating the intention Of said board,
10 appropriate said property, or that such prop
erty has been appropriated, as the case may De.
Upon filing such description, and delivering
such copy, or making such publication, the said
,lerk, on the application OF said board, or any
member thereof, shall. with the sheriff of said
county, proceed to select jury of FIVE persons
in the same manner that petit Jurors are now
selected in the cnurt of common pleas, and
shall Immediately issue his venIre, directed TO
The sheriff Of his county, to the jurors so selec
ted, commanding them, on the day TO De speeI-
led in the notice Aforesaid, to appear, and on
personal view to examine and determine the
'alue Of such property, so seized or intended to
,e seized as aforesaid
Sec. IL. Before entering upon the
luties of their appointment, the said ju-
'ors shall, seVerally, take an oath or af-
before some person qualified
o administer oaths, faithfully and i'm
partially TO perform the duties required
# them by this act; and it shall be the
luty ofsaiG jurors, or a majority ofthem,
o make just and equitable estimate
md appraisal of the loss or damages;
md the said jurors, or a majority of
hem, shall make regular entries of their
and appraisal, with an
and sufficient description of
he property appropriated for the pur-
'oses aforesaid, in a book or books. to
e provided and kept by the board of
ublic works for that purpose, and cer-
ify and sign their names to such entries
nd appraisals. The said jurors shall
xamine under oath, any witnesses who
nay be offered by the parties in the !,
ase, and may have power to examine,
nder oath, any witnesses they may =
eem necessary TO a full understanding
ftheir duties; and either party may ap-
cal from the decision ofsuch jury TO the
ourt of common pleas of the proper I
o1nty, on giving notice to the opposite
arty, and filing with said clerk a bond.
18th sufficient security, TO be approved
y said clerk, conditioned for the pay 9
lent of costs in the court of common
Ieas; said bond and notice to be filed !
ithin twenty days after said jury shall !