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 other officers, toll-gatherers, and such other agents as they shall judge requisite, and to agree for, and settle their respective wages, and to establish reasonable toll. Provided, That the treasurer shall give bond in such penalty, and with such security, as the said board shall direct, for the true and faithful discharge of the trust reposed in him.

Section 4. And be it further enacted by the authority aforesaid, That the location and dimensions of the said canals and locks shall be determined by a majority of the board, with the approbation of a skilful engineer, and with the consent of the Governor.

Section 5. And be it further enacted by the authority aforesaid, That it shall and may be lawful for the said board, or a majority of them, to agree with the owners of any land, through which the said canal is intended to pass, for the purchase, use and occupation thereof, on behalf of the state, and in case of disagreement, or in case the owner thereof shall be a feme covert, under age, non compos, or out of the state or county, on application to a justice of the