The Hancock Jeffersonian. [volume] (Findlay, Ohio) 1857-1870, 1859-07-22

lE1 10 inc bUuTUf W HiNBtt WCutbtf tutIcuIs
Each OF them shall receive for hisseryices
wo dollars per day, If such services be per.
'ormed In the county wherein he resd-s;--
Int II performed in another county, OF coun.
lies, he shall receive three dollsrs per day
and niIeses st the rate OF three cents pei
mile. Such damages and the costs inciden,
10 their sscet,sinnent, as aforesaid, shall be
paid by the Board, or proper member there o'
-. vr sny moneys appropriated by the Gen
ersl Assembly for that purpose. Provided
however, that II the damagesso eSafdeJ shall
moi exceed the costs sioresaid, such damsgs
shall no, be paid. And provided further,
that if the Commissioners OF o majority oI
them. determine that the claimant is not en-.
titled 10 damages. he shall pay the costs
And provided further, that u shall be las fnl
for the Board, or proper member thereof, al
any time before the decision or the Com
10 oTst TO pay the claimant
such sum OF money ~ the Board. or sail
M mber. may think HIM entitled In by reason
Of the prcmi.cs, which sum. il he agree In
nccept II, shnll he paid 10 him, and shall dis.
charge his claim; but II he refuses 10 accept
to IN, he shall nay all costs incurred snbse.
quent 10 such offer. unless Larger sum be
awarded 10 him by the Commissioners. than
The sun, offered. Costs for which the claim
ant may become liable, rs nlo eSnl1, may be
Of him by action IN the name of
The state. The B,ard shall cause the hccs.
ion of the Commissioners 10 be recorded n
, book to be provided ~ them for ,ha, pnr.
pose. ond such decision shall bir the clam
ant from again pfeferrine the same claim
iga inst thestate. II one Of the Commission.
srs fail to serve, the other two may appOint
a suitable person 10 hll the vacancy: IT more
ha fail k., aha II In Ell lal
BY op ointmenls by the Governor: Povidcd,
however. that when from the circumNance
of the case IL shall be apparent that such
overflow and consequent injury will be OF
fequent occurrence, II shall be the duty OF
he Board, or eniber having the division n
,horge, to proc ed undeT this act To Rppr).
,riate for the use Of such canal, slackwatet.
pool, or reservoir, an easement in the prop
.rty affected, md acquire the right TO over.
low such lanis To the eSignt TO which they
Ire Liable TO overflow by the works MS con.
itructed at the time Of such appropriations.
md the compensation awarded to the owner
hall be IN full for Snci easement. and shall
var any claim o. the owner OF such lands
or damages thereto. occurring after the com
nencement OF such proceedings for appro-
,rintion. by reason OF any overflow aud con .
injury resulting from Said works as
at said time.
SIC. Ia. All payments required or au-
borzed by this act, 10 be mode by the Board.
u either OF their members, shall be made ut
II the moneys Appropriated FOR the purpose
~ the General Assembly.
SIC. Is. That IN all cases in which il
nay he necessary for the said Board oil Pub.
&c Works. by Themselves or legally author.
zed Agents. to let contracts fOt the perform.
II. r..
or the construction Of (eed,ts, dykes, re.
etyOirs, locks, dams, and other works ard
evices for perfecting aud keeping in repair
he public works under their charge, il shall
e the duty Of the proper member OF said
,oard, In his own name, OF by the Resident
Engineer having charge OF the division Of the
,ublIc works upon which said labor is to be
OF materials furnished. to cause
uch general notice Of the letting Of said con-
racts by publication in newspapers, and
costing up advertisements, ~ will secure A
air and general competition. winch "a q n,-
ice shall contain y sta.cmgn, oi the um",
,lace aud manner Of receiving proposals for
ad contracts and tat character and mlgni-
Ude OF the work IL 1r prrlbturd, the mate
lais to be furnished, ar both. If rrguIrel,
or the cons rnctlou OF the proposed work -
md no proposals for any such contact shall
Jc considered by the Is Iatd III winch any
Su per- ntrndvnt, En- -lnecr. OGaIy employee
lpJn the pubic works Of the state shall be
ntguSed; nor Shall they con,ldcr any pro.
IDSal that does not contain ia" luil name nf
Zach aud every person Interested in SIch
,ropo>al: and the Board may rrqu,re the party
'r parties to whom any contract may be
lwarded, TO give secJuiy lur the Idrlhlhi per.
ormance thereof, provided, no ever, that IN
Eases Of public eAigrncy. as herrinbe(pre
lefned, such cOntT9cts may be made with-
'ut such previous notice.
orG. io' ""ns.. >@- i~t--- -.-<.-.. -f /" .
matter is or may be devnived hy law upon
he Board, or.eI.her Of their members. aul
he examination of witnesses Shall be ne
,rSSary or proper, to enlblc them or HIM 10
lrtermIne the same, and IN all eases in
which aff!dayits are, or may be, rrqnirel by
aw to be filed in the office OF the BJard, or
o he delivered 10 member thereof, in anJ
,ther Office, the oath or n'Timltion to the
yItneSS or AFFIDAVIT may be admin lStercd by
Il her OF The me nlbefS Of tLe Board.
SEC. II. To give rlr-c, 20 the true intent
II THIS act, any word herein importing one
,rndr, may be construed 10 include perSDns,
" things. OF any O.ter gender, any word in.
,Drtlng the singular number may be eNtcn =
ID 10 and applied to several personS OF
hin.s; any word imp1rilng the piutal num-
,er may he deemed ais. applicable 10 sln'
lie person or thing. The word "bOaf L.
when Used in TINS act, IN avs the Board al
pubic Works, aud tn, telm "proper mem'
yer OF the Bonrl,' o: an equivalent express
on, means the member oi sad JntI vt
Public Works. having or wi o may have, ,und-l
us especial charge or SUPERVISION. the dI'
,lsion Of the Public Works for which All np
,tnprlatlon OF property or rlgnls may be
made or attempted TO be made, U. for any IN
Jury occasioned by a defect or mIsmInise'
ment, Of which, as aforesaid, a clam Of dam
ages may be made.
SEC. 10. The act entitled "An act tC
amend an act entitled An act to abolish tht
Board of Canal Commissioners, and TO re.
vive the Board OF Public Works, and th-
several acls supp em-ntai and amen latory
thereto, and for the better regulation o
those having in charge the public works o
this state passed March 6, 1919; and lnt
act entitled "An act 10 amend the ac
entitled IAN act 10 provide for the inter.
nal improvement OF the state Of Ohio
by navigable canals, " passed February 8
1892; and the act entitled can act furtnl
TO amend the act entitled AN act TO prpyl,
for the internal improvement OF The s'ate .
Ohio, by navigable canals" passed FebIu
nry %, lsI9; and sections fifteen. sixteen
seventeen. eighteen, nineteen, twenty, ant
twenty-one Of the act entitled "An act To-
the regulation OF the public works of tn,
state OF Ohio" passed April IL, 1858, ar'
hereby repealed; provided, however, tha
the repeal Of said acts shall in no manner ef
feet any act done, OF night that has accInet
under, or in pursuance OF them, or either o
themj and al; pending proceedings uode
said acts, or either of them, may be com
pleted as though this act had not been pass
ed. or such pending preceding proceeding
may, IN future, so lar as may DC practicable
be carried on IN conformity TO the provIS
IONS OF this act. This act shall take elTec
from its passage.
WILLIAM d. WOODS,
Speaker OF the House OF Representatives
MARTIN WELKER,
President OF the Senate
April 1. 1859.
SBuRgrARY OF STATES OFFICE,
COLUMBUS, OHIn.j
| hereby certify that the foregoing acts ar
trno copies oi the original rolls now on iilo /