AN ACT To cede to the United States the jurisdiction of Green Island, in Lake Erie, and in the county of Ottawa, for the site of a Light House, SEC. 1. Be it enacted by the General Assembly of the State of Ohio, That the jurisdiction of Green Island, in Lake Erie, and lying in the county of Ottawa, and in the State of Ohio, purchased by the United States of America for the purpose of erecting a light house thereon, and containing thirty-two acres of land, be, and the same is hereby ceded to the United States for the use and purpose of a Light House; Provided, that the jurisdiction so ceded shall not extend so as to impede or prevent the execution of any process of law, under the authority of this State, except so far as it may affect any of the real or personal property of the United States on said Island; and the same shall be and remain exempt from taxation, so long as it continues the property of the United States. JAMES C. JOHNSON, President of the Senate. January 19, 1852. AN ACT Defining the powers and prescribing the duties of the Board of Public Works. mence. SEC. 1. Be it enacted by the General Assembly of the State of Term of office, Ohio, That the term of office of the members of the board of when to comPublic Works, elected on the second Tuesday of October last, shall commence on the sixteenth day of February, one thousand eight hundred and fifty-two; and said members shall hold their offices, respectively, until their successors shall be elected and qualified; and the term of office of the member of the said board, who shall be elected hereafter, annually, shall commence on the sixteenth day of February, next after such election. SEC. 2. The members of said board shall each take an oath Oath or affirmtion, and bond. or affirmation, to support the constitution of the United States and of the State of Ohio, and honestly and impartially to discharge the duties of the office; and shall also give bond, with good and sufficient security, to be approved by the Governor, in the penal sum of not less than thirty thousand dollars, conditioned for the faithful and honest discharge of the duties of his office, and for the faithful paying over of all money which may come into his hands, according to law, which bonds, with the approval of the Governor endorsed thereon, shall be filed with the treasurer of state. President of Board. Public works to be divided into SEC. 3. The members of the said board shall designate one of their number to act as president of said board, who, in addition to his duties as acting commissioner, shall perform such duties as are, or shall be, required by law of the president of the said board. SEC. 4. That said board shall divide the public works three districts. of this State, as near equally as they may deem practicable, into three districts, which districts may be designated by such name as the board shall deem proper; and the commissioners shall each take charge of such one of said districts as may be assigned to him by said board, and be responsible for the due and faithful administration of the affairs of the district under his particular charge. Payments by acting commissioners, how made. SEC. 5. That payments of every kind and description, made by either of said acting commissioners, shall be by check drawn to the order of the payee, on the treasurer of state, and not otherwise; and whenever payment is intended to be made for any work performed, or materials for the same found, in constructing or making repairs, whether the same be by contract, or by any superintendent or agent of said board, the check of the commissioners shall be accompanied with a certificate of the superintending engineer, which certificate shall name the person or persons to whom there is indebtedness, with a statement of the particular work, whether by contract or otherwise, and the value thereof; the check and certificate shall be registered in books, one to be kept by the engineers, and one to be kept by the commissioners, 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 officialLimit of their ly: nor shall any greater sum be placed 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 of said acting commissioners, exceed five thousand dollars, which sum shall be fully accounted for by said commissioners, to the board, before a new requisition shall be made. unrestricted check. Collectors of ca nal tolls-their duty-may be removed. SEC. 6. Collectors of canal tolls shall be appointed for such term of office & term as the 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, or for neglect of duty, whenever the acting commissioner having charge of that part of the canal on which the office of such collector is situated, shall believe the public interest requires such removal, or when the provisions of the law shall require the same; such collectors shall, in addition to their duties as collectors of tolls, collect all water rents due the State, or hereafter to become due, and to furnish col copies of leases make return of such collections, and pay over moneys thus collected, in the same manner and at the 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 duty of the Auditor of State auditor of state to furnish to each collector copies of all lectors with leases for water power, on which such collector is required to for water rent. collect rents, with a statement showing the amount due, and all other matters necessary to enable such collector to make such collections; and such collectors shall receive for such services such per centage on the amount collected as shall be determined by the said board. lectors. SEC. 7. In case of the removal of any collector, as provi- Removal of colded 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 hereinbefore provided. neers, their ap moval. SEC. 8. The board of public works shall fix the salaries of Resident engi the resident engineers appointed by said board. The appoint-pointment, term ment of the resident engineers by said board shall be for of office, and resuch term as said board shall deem expedient, not exceeding three years; which said resident engineer shall be subject to removal at any time during the term for which he shall have been appointed, for malfeasance in office, or for neglect 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 persons owing water rents to the State, in all cases when in the opinion of said board the whole amount due cannot be collected. in reference to power. SEC. 9. The board of public works are hereby authorized Duties of Board and required to make an examination of the leases of water- leases of water power upon or connected with any of the public works of this State, 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 it, and to adjust and fix the rents in arrear or to be paid by such 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 interest of the State will be promoted thereby, and to shut off the water and prevent the use thereof under any lease, when rent due upon said lease shall be in arrear for thirty days, or when the lessee or assigns refuse or neglect to put in, or permit to be put in, guages, as required in their leases, and to keep the water shut off until such rent be paid, and said guages put in. and take pos May enter upon SEC. 10. That it shall and may be lawful for said board of session of land, public works, and each member thereof, by themselves, and by &c., for use of any and every superintendent, agent and engineer employed public works. When private property is ta greement on the ceedings shall be had. by them, to enter upon and take possession of and use, all and singular, any lands, waters, streams, and materials necessary for protecting and keeping in repair the public works under the charge of said board, and to make all such feeders, dykes, reservoirs, locks, dams, and other works and devices as they may think proper, for perfecting and keeping in repair the public works under their charge, doing, nevertheless, no unneces sary damage. SEC. 11. In all cases when property shall be taken as proken for public vided in the preceding section of this act, and when the board, use without a or the acting member thereof, and the owner of such property, price, what pro- cannot agree upon the price to be paid for the same, the board of public works, or any member thereof, shall deliver to the owner of such property, or to his guardian, if such owner be a minor, idiot or insane person, a description of the property intended to be appropriated, or which, in case of public exigency, has been previously appropriated, stating in such notice the time when the value of such property will be assessed, and file a copy thereof with the clerk of the court of common pleas of the county wherein such property, or any part thereof, shall be situated; and shall deposit with the treasurer of state, such sum of money as the member having charge of such division shall deem such property worth, taking duplicate certificates thereof, one of which shall be deposited with the clerk of said court, and the other retained by said member, which sum, so deposited, shall be kept by said treasurer until the determination of said suit. If, however, the owner of such property shall, at any time previous to the trial of said case, signify his willingness to accept the amount so deposited, in satisfaction of such damages, said member shall pay to such owner said amount of money, and the fee simple of such property shall thereafter be vested in the State of Ohio. If the owner, or his or her guardian, be unknown, or reside without the State of Ohio, the board of public works shall publish in some newspaper of general circulation in said county, for the term of thirty days, a notice, the same as that filed with said clerk, and stating the intention of said board, to appropriate said property, or that such property has been appropriated, as the case may be. Upon filing such description, and delivering such copy, or making such publication, the said clerk, on the application of said board, or any member thereof, shall, with the sheriff of said county, proceed to select a jury of five persons, in the same manner that petit jurors are now selected in the court of common pleas, and shall immediately issue his venire, directed to the sheriff of his county, to the jurors so selected, commanding them, on the day to be specified in the notice aforesaid, to appear, and on personal view to examine and determine the value of such property, so seized or intended to be seized as aforesaid. SEC. 12. Before entering upon the duties of their appoint- Same subject. ment, the said jurors shall, severally, take an oath or af firmation, before some person qualified to administer oaths, faithfully and impartially to perform the duties required of them by this act; and it shall be the duty of said jurors, or a majority of them, to make a just and equitable estimate and appraisal, of the loss or damages; and the said jurors, or a majority of them, shall make regular entries of their determination and appraisal, with an assessment and sufficient description of the property appropriated for the purposes aforesaid, in a book or books, to be provided and kept by the board of public works for that purpose, and certify and sign their names to such entries and appraisals. The said jurors shall examine under oath, any witnesses who may be offered by the parties in the case, and may have power to examine under oath, any witnesses they may deem necessary to a full understanding of their duties; and either party may appeal from the decision of such jury to the court of common pleas of the proper county, on giving notice to the opposite party, and filing with said clerk a bond, with sufficient security, to be approved by said clerk, conditioned for the payment of costs in the court of common pleas; said bond and notice to be filed within twenty days after said jury shall have rendered and recorded their verdict; and trial shall be had in said court of common pleas at the first term after filing said bond with the clerk, if the same shall be filed thirty days before the sitting of the said court, unless, for good cause shown by either party, said cause shall be continued. If the said applicant for damages, appeal and recover no more in the common pleas than before said jury, he shall pay all costs accruing in said court; and if he recover before the jury first summoned, no larger amount than that tendered or deposited by said board, as required by said act, he shall likewise pay all costs. all damages as State Treasurer that purpose. SEC. 13. The said board of public works shall pay all Board shall pay damages finally assessed for property taken as aforesaid; and sessed, and may the fee simple of the premises so appropriated shall be vested draw upon the in the State of Ohio; but if, in the opinion of the said board, the for money for damages assessed on property not previously appropriated, shall be too high to justify its appropriation for the benefit of the State, they shall have the right to pay the costs which have accrued, and refuse to appropriate the same; and the said board of public works, or the acting member thereof on whose division such damages are awarded, is hereby authorized to make drafts on the Treasurer of State, for all moneys necessary to enable said board to make such deposits, and pay such damages, as are provided for by this act, to be paid out of any money in the treasury appropriated for canal purposes. The said draft or drafts shall be accompanied with a full statement of the matter |