The Portsmouth inquirer. [volume] (Portsmouth, O. [Ohio]) 1849-1855, 1852-03-19

stered IN books, one to be kept by the engi. /
neers, and one to be kept the commissioners, u
and the fact Of the check being registered by the /
engineer, shall, in all cases, be endorsed on the
back Of the check, and signed by him officially;
nor shall any greater sum beplaced in the State [
Treasury subject to the unrestricted check of |
either of said acting commissioners, in any one |
year, than shall be necessary to pay the salaries
Of engineers and assistants, and other ordinary
incidental expenses; nor shall the amount at
any one time, SO placed to the credit Of either
said acting commissioners, exceed FIVE thousand |
dollars, which sum shall be fully accounted for
by said commissioners, 10 the board, before a
new requistion shall be made.
SEc. 8. Collectors OF canal tolls shall be ap |
pointed for such terrnas me board Of public |
works shall deem expedient, not exceeding three |
years; but any collector shall be subject TO be |
removed at any time during The term for which |
he shall have been appointed, for malfeasance
in Office, OF for neglect of duty, wherever the |
acting commissioner having charge of that part
of the canalon which the Office Of sich collec- |
tor is situated, shall believe the public interest
requires such removal, or when the provisions of
the law shallreauire the same such collectors
,ha, in addition to their duties as collectors Of
tolls; collect all water rents due the State, or
hereafter to become due, and make return Of
such collections, and pay over moneys thus col
lected, in the same manner and atthe same time
they are by law required to make return of, and
pay over, the tolls by them collected and it is
hereby made the dutyof the auditor Of State to
furnishto each collector copies OF all leases for
water power on which such collector is requir-
ed TO collect rents, with a statement showing
the amount due, and all other matters necessary
to enable such collector to make such colIec.
tions; and such collectors shall receive for
such services such per centage on the amount
collected asshall be- determined by the said board
SEC. 7, In case OF the removal Of any col
lector, as provided in the preceding section, the
member Of the board by whom such removal
shall have been made, may appoint some other
suitable person to such vacant Office, who shall
hold such appointment until the end Of the next
meeting Of the board, unless removed as herein
before provided. ~
SEC. s. 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 expedent, not
exceeding three years; which said resident en-
gineer shall be subject 10 removal at any time
during the term for which he shall have been
appointed, for malefeasance in office, or forneg-
lect Of duty, whenever the acting commissioner
having charge of that portion of the public
works upon which said engineer is appointed,
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 a.
mount due cannot be collected.
| SEC. 9. The board Of public works are here
by authorized and required to make an examina-
ton of the leases Of water power upon or con-
lected with any of the public works of this
btate, 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 1t,
and to adjust and fix the rents in arrear or 10 be
paid by said lessees or assigns, at such prices as
they may deem just and equitable, and to cancel
existing 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 10 shut off the water and prevent
the use thereof under any lease, when rentdue
under said lease shall be in arear for thirty days
or when the lessee or assigns refuse or neglect
to put in, or permit to be put in, gauges as re-
quired in their leases, and to keep the water
shut off until such rent shall be paid, and said
4 gauges put in.
SEC. 10. That it shall and may be lawful
for 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 neces
sary for protecting and keeping in repair the
public works under the charge Of said board
and to make all such feeders, dykes, reser
} vors, locks, dams, and other works and de.
vices as they may think proper, for perfect
ing and keeping in repair the public work.
! under their charge, doing, nevertheless, III
unnescessar damage.
SEC. H.. In all cases when property shal
be taken as provided in the preceding section
Of this act, and when the board, or the actinI
member thereof, and the owner of such prop
erty, cannot agree upon the price TO be pait
for the same, the board Of public works, o
any member thereof, shall deliver 10 the own
er of such property, or TO his guardian
such owner be minor, idiot or insane pei
: son, description of the property intended t
be appropriated, or which. in case Of pub
y lie exigency, has been previously appropria
! ted, stating in such notice the time when tn
|. value Of such property will be assessed, an
n file copy thereof with the clerk of the coul
d of common pleas of the county wherein sue
S property, or any part thereof, shall be situs
n ted and shall deposite with the treasurer {
u state, such sum OF money as the member ha,
. ing charge of such division shall deem sue
property worth, taking duplicate ceitificai
thereof, one of which shall be deposited wit
the clerk Of said court, and the other retair