The weekly Portage sentinel. [volume] (Ravenna, Ohio) 1854-1861, 1859-08-31
WHOLE NUMBER sos

as aforesaid, may be recovered Of him BY
action In the name of the state. The board
shall cause the decision of the commission,
ers TO be recorded in book to be provided
by them for that purpose, aud such decision
shall bar the claimant from again prefenine
the same claim against the state. II one Of
the commissioners fail to serve, the other
two may appoint suitable person to Oil the
vacancy; If more than one so fail, the va
cancies shall be filled by appointments by
the governor. Provided however, thst when
\ from the circumstances of the case It shall
be apparent that such overf1ows and conse.
quent injury will be Of frequent occurrence,
It shall be the duty Of the board, or member,
having the division in charge, to proceed un-
der this act to appropriate for the use Of such
canal, slackwater, pool, or reservoirs, and
easement in the property affected, and &C.
quire the right to overflow such lands to the
extent to which they are lisble to overflow
by the works as constructed at the time Of
such appropriations, and the compensation
awarded to the owner shall be in full for
such easement, and shall bar any. claim of
the owner of such lands for damage thereto
occurring after the commencement of such
proceedings for appropriation, by reason of
| -" S'SAAO" oHu SOhSC IbJuty
from said works as constructed at said time.
Sec. Ia. All payments required or au.
thOrized by this act, to be made by the board,
or either Of their members, shall be made
out of the moneys appropriated for the pur.
pose by the general assembly.
Sec. l5. That in all cases in which it
may be necessary for the said board of pub
lie works, by themselves or legally author.
. | lZhd nuanfa IN Iof foa . Nba
ancc of labor, or the furnishing OF material,
for the construction of feeders, dykes, reser.
voirs, locks, dams, and other works and de-.
vices for perfecting and keeping in repair the
public works under their charge, it shall be-
the duty of the proper members of said board,
IN his own name, or by the resident engineer
having charge of the division of the public
works upon which said labor is to be per-
formed. or materials furnished, to cause such
general notice OF the letting Of said contracts
by publication in newspapers, and posting
up advertisements, as will secure a fair and
general competition (which said notice shall
contain statement of the time, place and
manner of receiving proposals for said con-
tracts, and the character and magnitude of
the work to be performed, the materials to
be furnished, or both, il required, for the
~O"S"uS''ou VI tuS piOPOoSu WOEh nV
proposal for any such contract shall be con-
sidered by the board in which any superin.
tendent, engineer or any employee upon the
, public works OF the state shall be intrusted,
nor shall they consider any proposal that
does not contain the full name of each snd
every person interested in such proposal, and
: the board may require the party or parties to
whom any contract may be awarded, to give
fD foHf fa;R ,(r1 Aafo
I of; provided, however, that in cases Of pub.
lie exigency, as hereinbefore defined, such
: contracts may be made without such previ.
, GUS notice.
3 Sec. l6. Where the determination of
any matter is or may be devolyed by law
upon the board, or either of their members
. and the examination of witness shall be
necessary, or proper, to enable them or
} him to determine the same, and in all cases
in which affidavits are, or may be, required
, by law to be filed in the Office of the board,
D or delivered to n member thereof, or to be
filed by the board, or member thereof, in
r any other office, the oath or affirmation to
the witness or affiant may be administered
3 by either of the members of the board.
| Sec. II. To give effect to the true in-
r tent OF this act any word herein importing
one gender may be construed, to include
. persons or things, or any other gender
D any word importing the singular number
e may be extended to and applied to several
. persons Or thing any word importing the
plural number may be deemed also applca-
Bile TO single person or thing. The word
8 "board," when used in this act. means the
e board Of public works, and the term" "proper
r. member of the board." or an equivalent
' expression, means the member of said board
d of public works, having or who may have,
!, under his especial charge or supervision
: the division of the public works for which
an appropriation OF property or rights may
: be made or attempted to be made, or for
k any injury occasioned by defect or mis-
=. management of which, as aforesaid, claim
). OF damages may be made.
e Sec. Is. The act entitled "an act to
d amend an act entitled an act to abolish the.
y board Of canal commissioners, and to revive
il the board OF public works, and the several
e acts supplemental and amendatory thereto,
d and for the better regulation OF those having
J. in charge the public works OF this state,"
d passed March 6, l845. and the act entitled
Y "an act 10 amend the act entitled ian act to
!. provide for the internal Improvement Of the
e state Of Ohio, by navigable canals" passed
Is February l3, 1889 and the act entitled ian
,r act further to amend the act entitled ian act
1t 10 provide for the internal improvement Of
l the State Of Ohio. by navigable canals" F"
n passed February 81, l849: and sections fif.
II teen, sixteen, seventeen, eighteen, nineteen,
y twenty and twenty one, of the act entitled
h "an act for the regulation of the public work 9
y of the state Of Ohio" passed April l2, 1850;
,r are hereby repealed, provided. however, that
?, the repeal Of said acts shall in no manner
ID affect any act done, or right that has accrued
}. under or in pursuance OF them, or of either
e of them and all pending proceedings under
e said acts or either of them may be complet-
,r ed as thoush this act had not been passed or
II such pending proceedings may in future, SO
,, far as may be practicable, be carried on IN
" conformity to the provisions of>this act.--
IN This act shall take effect from its passage.
,e WILLIAM B. WOODS, "-
le| Speaker of the House Of Representatives.
% MARTIN WELKER,
1t President of the Senste.
April 4, 1859.
u SECRETARY OF STATES OFrIcE,
IL CoY yYNNpyyc mil & lRkQ g