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Right to chal. lenge jurors.

Notice of the letting of all

for which said money is wanted, and a copy of such statement shall be kept by such member of the board of public works, in a book to be by him kept for that purpose.

Sec. 14. The witnesses, clerk and sheriff, for the services required of them by this act, shall receive such fees as they are paid for like services in similar cases; and the jurors so selected as aforesaid, shall receive for the services required by this act, the sum of one dollar per day while engaged in such service; the attendance of witnesses before any such jury, shall be certified by them to the clerk who issued the venire in such

causes; and it shall be the duty of the clerk to replace the Jurors' names to be replaced. names of such jurors as have been selected under the provi

sions of this act, so that they may stand in the same manner for service as jurors in the common pleas, as if they had not been drawn for the special service required by this act.

Sec. 15. Either party shall have a right to challenge jurors for cause, and the panel shall be filled by the sheriff with talesmen as in other cases.

Sec. 16. That in all cases in which it may be necessary for contracts, by the said Board of Public Works, by themselves or legally authe Board, to be given.

thorized agents, to let contracts for the performance of labor or the furnishing of materials, and for the construction of feeders, dykes, reservoirs, locks, dams, and other works and devices for perfecting and keeping in repair the public works under their charge, it shall be the duty of the acting member of the said Board, by the resident engineer having charge of the division of the public works upon which said labor is to be performed, 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 fair and general competition; which said notice shall contain a statement of the time, place and manner of receiving proposals for said contracts, and the character and magnitude of the work to be performed, the materials to be furnished, or both, if required, for the construction of the proposed work.

Sec. 17. That the said Board of Public Works is hereby authorized to lease water power on the several reservoirs of the public works, under such rules and regulations as are or may be prescribed by law for leasing water power on the public works of the State.

Sec. 18. That said board shall keep an office at the city of kept at Colum. Columbus, under the charge of the president of said board, who

shall take charge of the records, books and papers connected with the department of the public works, take charge of all correspondence of the said board, and do and perform such other duties as may be prescribed by the said board, or by law.

Sec. 19. The first, second, and third sections of the act to amend an act entitled an act to abolish the board of canal commissioners, and to revive the board of public works, passed March fifth, one thousand eight hundred and thirty-nine, and the several acts supplemental and amendatory thereto, and

Board may Jease water power.

Office of the


Repealing clause.

for the better regulation of those having in charge the public
works of this Stale, passed March sixth, one thousand eight
hundred and forty-five; the fifty-ninth and sixtieth sections of
the act entitled an act to provide for the protection of the ca-
nals of the State of Ohio, the regulation of the navigation
thereof, and for the collection of tolls, passed and took effect
March twenty-third, one thousand eight hundred and forty,
be, and they are hereby repealed.

Speaker of the House of Representatives.


President of the Senate pro tempore. February 28, 1852.


Providing for the appointment of Commissioners, prescribing their terms of

office, compensation, and mode of filling vacancies in said commission, in pursuance of the fourteenth article of the Constitution.

Sec. 1. Be it enacted by the General Assembly of the State Governor ecoap of Ohio, That the Governor of this State be, and he is hereby missoners on authorized and required, by and with the advice and consent pleading.. of the Senate, to appoint three commissioners, to be styled commissioners on practice and pleadings, to perform the duties herein specified; and it shall be the duty of the said commis- Their duties. sioners to revise, reform, simplify, and abridge the practice, pleading, forms and proceedings of the courts of record of this State, and as far as practicable and expedient, shall provide for the abolition of the distinct forms of action at law now in use, and for the administration of justice by a uniform mode of proceeding, without reference to any distinction between law and equity.

Sec. 2. Said commissioners shall meet at the city of Colum- Commissioners bus, on the first Monday of March, one thousand eight hun- city of Colum dred and fifty-two, or as soon thereafter as practicable, and bus. proceed to organize, and enter upon the discharge of the duties enjoined upon them by this act.

Sec. 3.' The term of office of said commissioners shall con- Term of office tinue until the first Monday of March, one thousand eight hun ardcoreports of

proceedings. dred and fifty-three, unless they shall be sooner discharged by a joint resolution of the General Assembly; and said commissioners shall, from time to time, report to the General Assembly their proceedings under their said appointment.

Sec. 4. Each of said commissioners shall be allowed at the salary. rate of eighteen hundred dollars a year, for the time during which he shall be employed in performing his duties as such


Clerk, his com pensation.


commissioner, to be paid by the Treasurer of State, on a warrant of the Auditor, out of moneys to be appropriated for that purpose.

Sec. 5. If any vacancy shall occur, by the death, removal, resignation or refusal to serve of any of said commissioners, during the recess of the General Assembly, the same shall be filed, by appointment by the Governor.

Sec. 6. Said commissioners shall have power to employ a Clerk, to be paid out of the State Treasury, on the warrant of the Auditor of State, the amount due being certified to the Auditor of State by the said commissioners, the compensation of said Clerk to be three dollars per day, for the time actually employed in the discharge of his duties.

Sec. 7. Said commissioners shall, at all times, make reports of their proceedings, to the General Assembly, when called upon so to do, by joint resolution thereof.

Sec. 8. Said commissioners shall have free access to the cess to state Li: State Library, and to any and all public records of the State, brary and public and be permitted to examine the same free of charge; and they may require in. may require of the Clerks of the several courts of record of this Clerks of courts. State, any information relating to the business of said courts,

which said commissioners may deem useful, in the discharge of their duties; for which said Clerks shall receive such fees, to be paid by the Treasurer of State, on the warrant of the Auditor, as may be allowed by the Auditor and Secretary of State.

Sec. 9. The Secretary of State shall furnish the said commissioners with such stationery, as may be necessary for them in the discharge of their duties.

Sec. 10. Šaid commissioners shall, before entering upon their duties, take the constitutional oath of office; and they may be removed before the expiration of their term, by a concurrent resolution of both branches of the General Assembly,

for cause or causes, to be specified in such resolution. Report.

Sec. 11. When such commissioners shall be prepared to make up a report in whole or in part, they shall give notice to the Governor, who is hereby authorized to cause the same to be printed, under the direction of said commissioners; and they shall furnish to each member of the General Assembly a copy of such report. Said commissioners shall have their final report made up and printed, on or before the first day of November, one thousand eight hundred and fifty-two, and earlier if practicable; and if the General Assembly be not in session at the time any such report may be so prepared and printed, it shall be the duty of the Secretary of State to forward one copy of any report or reports so printed, to each member of the present, and those elect, of the General Assembly which may next be in session, one copy to each Judge of the different courts of the State, and one copy to each Clerk of every court of record; and he shall reserve a sufficient number of copies for the use of the General Assembly, when in session.


Oath, and remo. val.

Sec. 12. If from any sufficient cause or causes, the work Same subject. of said commissioners shall not be completed on or before the first Monday of November, one thousand eight hundred and fifty-two, they shall make a full report to the General Assembly, if in session, and if not, to the Governor, of the progress already made in said work, and of the cause or causes which prevented its completion; and the General Assembly, if in session, shall thereupon take said report into consideration, and may allow such further time as may be deemed necessary for its completion; and if the General Assembly be not in session, the Governor, by and with the advice and consent of other officers of the executive department, or a majority of them, shall be and is hereby authorized to allow said commissioners such further time as may be deemed necessary for the completion of the work as aforesaid.

Speaker of the House of Representatives.

President of the Senate.
March 4, 1852.


Fixing the compensation of members of the General Assembly.

SEC. 1. Be it enacted by the General Assembly of the State $4 per diem. of Ohio, That each member of the General Assembly of this State, shall be entitled, during the present or any succeeding session, to receive for each day's attendance during the session of the General Assembly, the sum of four dollars, and also four dollars for every twenty-five miles distance by the most direct route of public travel from his place of residence, in traveling to and returning from the seat of the General Assembly; Provided, that no route on which there shall not be some mode of public conveyance for travelers or passengers, shall be considered as a public traveled route.

Speaker of the House of Representa'ives.

President of the Senate.
March 3, 1852.


Regulating the Office of County Auditors.

may stand



County Auditor Sec. 1. Be it enacted by the General Assembly of the State settlement, etc. of Ohio, That if any County Auditor shall fail to make settlesuit, to be insti- ment, or fail to pay over all moneys with which he him by commis- charged, at the time and in the manner prescribed by law, or

shall misapply any money which may come into his possession in the discharge of his official duties, it shall be the duty of the county commissioners to cause suit to be instituted against such Auditor, and his sureties, in the court of common pleas of the said county, or other court having jurisdiction of such

cases. Auditor may be SEC. 2. That whenever suit shall have been commenced removed, when suit commenced against any delinquent county Auditor in manner as aforesaid,

the commissioners of such county may, at their discretion, remove such auditor from office, and appoint some person to fill the vacancy thereby created, as heretofore by law provided.

Sec. 3. That each County Auditor, previous to entering upon the duties of his office, shall give bond, with two or more sureties, to the acceptance of the commissioners of the county, in such penal sum, not less than two thousand dollars, nor more than twenty thousand dollars, as the said commissioners may require, payable to the State of Ohio, and conditioned for the faithful discharge of the duties of his office; and shall also take and subscribe an oath or affirmation, to be endorsed upon the said bond, that he will faithfully and impartially discharge the duties of his office, to the best of his skill and ability; which bond, so endorsed, shall be deposited with the county Treasu

rer, and be by him carefully preserved. Kepealing Sec. 4. That as to all county Auditors hereafter elected or

appointed, the provisions of the second section of the act pre-
scribing the duties of county Auditors, passed the twenty-third
day of March, in the year eighteen hundred and forty, is here-
by repealed.

Speaker of the House of Representatives.

President of the Senate.
March 12, 1852.


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