Year: 1860

mo. 93.l AN ACT


Defining the powers and describing the


duties of the Board of Public Works


SECTION l. Be it enacted by the Gener.
al Assembly of the State Of Ohio, That
the public works of the State shall be divided by
the Board of Public Works into three grand divis-
ions or districts, to be designated by such names
or numbers rs said Board shall deem proper, and
to be of such limit and extent as said Board from
thine to time shall prescribe; and each member ol
the Board of Public Works shall, as the acting
commissioner of said Board, take charge of such
division as may be assigned to him by said Board,
and be responsible to the extent of his power and
authority for the due and faithful administration
of the affairs of such district or divisions.


SEC. g The term of Office of the member OF
the Board ofPublic Works elected on the second
Tuesday of October last, shall commence on the
sixteenth day of February, and shall continue for
three years thereafter, and until his successor
shall be elected and qualified; and the other men,
bers of the Board heretofore elected and qualifde
SHALL in like manner continue to hold their officer
for the term of three years from the time they
were sworn into Office and until their successes
had been elected and qualified; and the term of of
fee of the members of the Board hereafter annu-
ally elected, shall commehce on the second Tues
day of February thereafter.


SEC g. The members of the Board of Public
Works shall each take an oath or affirmation to
support the Constitution of the United States and
of the State of Ohio, and to honestly and impair
tally discharge the duties the Office; and shall
also give bond with sufficient security, to be ap-
proved by the Governor, in the penal sum Of not
less than thirty thousand dollars, conditioned for
the honest and faithful discharge of the respective
duties of their Offices and for the faithful account
ing for and paying over all moneys which may
come into their hands respectively, according to
law, which bonds, with the approval of the Cover
nor endorsed thereon, shall be filed with the Treas
urer of State. The members of the Board of
Public Works shall designate and appoint one of
their number to act as President of said Board,
and who in addition to his duties as acting COM
missioner shall perform such duties as are or shall
be required by law of the President thereof, and
said Board shall continue to keep the 'ofice of
Public Works" at the seat of Government, in
which Office shall be kept all the books and papers
records and other documents of said Board, which
shall be open to the inspection of all persons inter-
ested, at all reasonable times; and all notices or
reports required by law to be given to the said
Board by any of the officers of the State, when
left in writing at said office, deposited with any
person who may have charge of the same, shall
be considered as having been duly given and serv
ed upon said Board. The President shall have
charge of said 'office of Public Works" and the
custody of the records books, papers and docu-
ments aforesaid, and shall conduct the correspon-
dence of said Board.


SEC. L. The said Board of Public Works shall
have power to appoint not exceeding five resident
engineers, and to assign to each of them the su-
pervision of such part of said grand divisions or
districts as in their opinion shall be for the best


interests of the state, under such rule and regula
tions, not contrary to law, as may be from time
to time prescribed by said Board; and the respec
tive terms of Office of said engineers shall COM
mence on the first Monday of April A. d. 1861,
annually thereafter OH the sixteenth day of Feb
ruary. The said Board of Public Works shall al
so have power to appoint the collectors oftols on
the canals of the State at all such points as shall
have been or may be established for the collection
of tolls, as hereiD@erprovide and said collectors
shall be governed by such rules and regulations
as the Board may prescribe, not inconsistent with
law, and shall receive such compensation as here
matter provided. Every Collector, or other officer
in anywise entrusted with the collection or dis
bursement of tolls or other revenue pertaining to
the Public Works, shall, previous to his assuming
the duties of his Office, give bond to the State Of
Ohio for the faithful discharge of his duties,
which bond, with sufficient security approved by
said Board, shall be by them Immediately depos-
tied in the office of Auditor of State. The penal
consideration of said bond shall not be less than
fifty per cent. of the amount of money collected
or disbursed by the same officer in the preceding
year, and shall be conditioned for the faithful
performance of his duties, and for the prompt col
lection, disbursements, paying over and account
ing for all monies which shall come to his hands
belonging to the State. The said Board of Pub
lie Works shall also have power, and is hereby
made their duty, to appoint such number of Su-
perintendents of repairs, gate-keepers, weight
masters, 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 appoint
ed under the provision of this act, before enter
ing upon the duties of his office, shall take or pre-
scribe an oath or affirmation that he will dilligent
ly and faithfully discharged the duties apertaining
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 ap-
pointed to office shall receive duplicate certificates
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 en-
dorsed and subscribed the oath above required to
be taken, before some one having power to ad-
minister an oath, and the same shall be certified
and attested by such person, and by such appoin-
tee handed to the acting Commissioner of his
division, or forwarded by mail to the Board of
Public Works, to be filed in the ofie 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 ap-
pointed may be removed at any time previous to
the expiration of his term, by the Board of Public
Works, for neglect of duty or maifeasance in Of
fee. All vacancies that shall occur in either OF
the Offices aforesaid, occasioned either by death,
resignation, removal, or otherwise, shall be filled
for the residue of the term, in the same manner
and by the same authority as hereinbefore provi-
ded for making appointments for a full term; and
all such officers SO appointed and serving part on
ly of the term of office, shall be paid rateaby a
due portion of the salary hereinafter provided and
no more.


SEC. 5. That to provide for the prompt pay
ment of laborers, and for the purchase of mater
ials, and incidental expenses in the current re-
pairs of any of the Public Works of the State,
the resident engineer on any division may at the
commencement of any month, or at any interme-
date convenient time therein, estimate the
amount as near as practicable, that will be needed
to pay for the repairs of said quarter, exclusive
of the salary of the Superintendent and may issue
repairs on said division, upon which certificate the
acting Commissioner may, if satisfied of the cor
rectness of the estimate and of the expediency
of such proceeding, draw his check for the amount
or auy portion thereof, on the Auditor of State,
whose duty it shall be to issue his warrant on the
State Treasurer for the amount specified in the
check. and to charge the same to the particular
work or improvement to which it properly belongs.


Tv,o rtordoot;y, uboea "a vor said advance