Year: 1860

said Board, shall be by them immedi-
ately deposited in the office of the Au-
ditor of State, The penal consideration
OF said bond shall not be less than fifty
per cent. of the amount of money col
lected or disbursed by the same officer
IN the preceding year, and shall be con-
dltloned for the faithful performance of
his duties, and for the prompt collection,
disbursement, paying over and account
ing for all moneys which shall come to
his hands belonging to the State. The
said Board of Public Works shall also
have power, and it is hereby made their
duty, to appoint such number of Super
intendents of repairs, gate-keepers,
weigh-nasters, and inspectors, as in
their opinion, the labor to be performed
on the several public works may require
to render the same efficient, and for the
interest of the State. Every officer ap-
pointed under the provision of this act,
before entering upon the duties Of his Of
fee, shall take and subscribe an oath or
affirmation that he will diligently and
faithfully discharge all the duties apper-
tanning to his appointment, and promote,
to the extent of his ability, the interest
of the State, SO far as may be legally in
his power. Every person SO appointed
to Office shall receive duplicate certif-
Gates of such appointment, signed by the
President of the Board and attested by
the Secretary of the Board, upon one of
which certificates shall be endorsed and
subscribed the oath above required to
be taken, before some one haying the
power to administer an oath, and the
same shall be certified and attested by
such person, and by such appointee
handed to the acting Commissioner Of
his division, or forwarded by mail to the
Board of Public Works, to be filed in
the Office thereof; and said appointee
shall hold his said Office for the term of
one year from the time of his appoint
ment, and until his successor may be
appointed and qualified; provided that
every person so appointed may be re-
moved at any time previous to the expi-
ration of his term, by the Board of Pub
lie Works, for neglect of duty or NAL
feasance in Office. All vacancies that
shall occur in either of the Offices afore-
said, occasioned either by death, rsigna-
ton, removal, or otherwise, shall beflled
for the residue of the term, in the same
manner and by the same authority as
hereinbefore provided for making ap-
pointments for full term; and all such
officers so appointed and serving part
only of the term of Office, shall be paid
ratably due proportion of the salary
hereinafter provided, and no more.


SEc.5. That to provide for the prompt
payment of laborers, and for the pur-
chase of materials, and Incidental ex-
penses in the current repairs of any of
the p"blic Works of thc State, tlle--a-;-
dent engineer Of any division may, at
the commencement of any month, or at
any intermediate convenient time there
in, estimate the amount as near as prac-
ticablc, that will be needed to pay for
the repairs Of said quarter, exclusive of
the salary Of the Superintendent, and
may issue his certificate in favor of the
Superintendent Of repairs on said divis-
ion, upon which certificate the acting
Commissioner may, if: satisfied of the
correctness of the estimate and Of the ex-
pediency of such proceeding, draw his
check for the amount, or any portion
thereof, on the Auditor of State, whose
duty it shall be to issue his warrant on
the State Treasury for the amount speci-
fed in the check, and to charge the same
to the particular work or Improvement
to which it properly belongs. The Su-
perintendent in whose favor said advance
payments shall have been made, shall
thereafter Immediately proceed to pay
all Indebtedness which he may have in
Cured on behalf Of the State for repairs,
materials or incidental expenses upon
the division under his charge, and shall
thenceforth, during said current quarter,
pay all laborers weekly, unless prevented
by unusual events happening on his di-
vision and rendering strict compliance
with this requirement inconvenient for
the time being, on which contingency he
shall make such payment at the earliest
practicable time thereafter; and the said
Superintendent shall settle with the said
resident engineer quarterly, as usual
heretofore, and intermediately if re-
quired by said engineer, as the basis
upon which to predicate his estimate for
the remaining part of the current quar-


ter, and no voucher shall be allowed in
the settlement of Superintendents ac-
count, unless the money for which it
p1rports to be a receipt shall have been
actually paid, and the rates of the labor
or materials shall be such as shall be ap


proved by the resident engineer afore-
said Should it so happen that a sur
plus shall remain in the hands of any
Superintendent at the end of any quar-
ter, the same shall be carried forward to
be used in like manner in the next sue
ceeding quarter; but for the closing
quarter of said Superintendent's term of
office, the said Engineer shall not in
clude in his estimate any amount for the
last thirty days of said term, and shall
be careful to limit the amount of his es-
innate for that quarter, or any part
thereof below the actual amount Of the
probable expenditures, so as to prevent
any SUI plus remaining in the hands ofany
Superintendent at the close of his term
of his Office; but if, Notwithstanding such
precaution, any balance should remain
in the hands of any such Superintendent
at the expiration of his official term, the
resident engineer of his division shall
have power to charge the same over to
said Superintendent and apply it to the
payment of his quarterly amount of sal
ary then due, and if any further balance
remains in his hands, the same shall be
paid into the State Treasury.


Sec. 6. The said Board of Public
Works is hereby authorized to lease
water on any of the several reservoirs OF
the Public Works under such rules an /
regulations as are or may be prescribed