Dayton daily empire. [volume] (Dayton [Ohio]) 1850-1865, 1859-05-20

Tic works, or on account Oi scarcity OF Wepr pfo-
duced by drouth, kefpi the shn " good had proper
condition and repair, and shall make al necrssafy
and neediul repairs aud re construction under the di,
feclon Of the board OF public works OF engineer cm-
slol ed by The State. Bot no change of plan or oI
ma,eral shall be required which tlall make The
work more expensive than tho old plan or material.
used, and all such repairs shall bo mace az the tine
determined by tad board. aud she lessee or l. ssets
Of any section or sections shalt permt oil persons to
navigate said cauas aud improvements, hnd travel
on said road making distinction IN tolls ceafgod
or In privileges grauted N favor of any pcrson OF
company but no person or company shall be per-
uiued to use any Steam pe@cT ca aay 0tsaid canals,
without the eonsent Of The lessee dr essets OF tir
successors or nsgns. nod the rates oi tl upon al
articles transported upon said public Works or any
part thereof OF ravc upon tuil rUaj shall not upou
any arlicle exceed tho last publishci rates of the
State for 1852 and Nheh took effect prior TO the
passage sithis act and the lessee or lessces do not
hiil oil ttG covenants confirmed in their respective
leases the same may be orseiled a ihe option Of
The hoard ~ public works. In case said biard sball
declare aoy section areiied us nogcsnd they shah
cause an entry to that elect 10 be be maze npon the
journal Of ihelr proceedings, sud shell immediately
notify 10 Ertpg, she sssee Or le.;ees ottuth section
Of ttr aciiOu aud shall also u said notice separatcs
y aud lklpetly specify ito grounds rpou which
said iotleii0r0 Is declared sud is all such cases thu
action ui said board shalt DC iiusl uuess wihin six
tAAtl Aht tNlNlNN " INV hhNi tthtt
or lessees fha file Ia the Office Of faid board or
with member thereof, bis of their iticn protest
denyiug or olherRise tallng issue upOn tha chargu
SO made by said board 10 whole Ct IN part And
upon filing Of said protest, the board or majority
thereof shall appoint referee in behalf Of the state
and said lessee or essees shall also appoint feleree
on his their behalf, and tho Two TtfcreeB SO ap.
pointed shall nominate and appoint third referee ia
conjunction with them to heBr and determine said
matter in issue, The referees shall soon ns ppc~
tcabe. alter their appointment ugrCe upon ntinie
for meeting not exceeding leu days after the ap,
pontmert OF sad last appointed referee unless the
board aud said lessee or lcssCes Otherwise agree,
aud shall also ix convenient place within the
state, wheto said parties shall be heard and When
assembled at the time and place so fixed rs niore
said said referees shall procved tn hear, adludge and
determine the matters 10 controversy 0foiesaid and
shall mako their nwHrd in writing and deliver n
copy oil the same to tho board Of public woths, and
alsL to hG said lessee lessees aud il said referees
majority oil them shall Rwntd that said charges
or ANY OF them, are true, aud that the same const
uc good aud sufficient cause Why said lease she'll
be declared and held forfeited. the said lessee Or
lcssecs shall Immediately hereupon surrender up
leeceabe possession Of said section aud Of all the
property Of the state apperiaialng thereto to the
member OF said board having charge of SAID section,
and shall also be liable TO the state on his or their
bond Aforesaid But 10 case said referees, or a ma.
jority Of them. shall award that said charges arc
pot tTits that being true they DO not tor
stituje sufficient canse Tor declaring siud ltRse
Forfeited according TO tho provisions Of this act they
shall determine The costs OF the proceedings in SAID
case aud the same shall be retained BY said lessee
oT essees, from the next sncceCdiug payment mad c
by him or them 10 the state. said referees shall
be citizens oil the State Of Ohio, md freeholders
therein; aud the third referee herein provided for
shall .be appointed by the Board OF Public Works,
in the referee il behalf Of said lessee or le.ees
shall refuse neglect to act or the puip pose OF sp,
pointing the same. Said referees shall have power
TO summon aud compel the attendance Of witnesses
aud shall each receive for their teryices The came
per diem and mileage as is now alloNed BY Law TO
members OF the legislature. Aud witnesses i3 such
shall be allowed the same fees ms is by law al
lowed 10 witnesses in civil suits. Ii any lessee or
essee', or any employee, under him or them shall
refuse 10 deliver up any section declared and held
forfeited in accordance with the provisions OF this
act, any properly Of the slste on erthnug thereto
or shall resist any member d Il c Beard oi Public
Works, or other otieer employed under said BuarL,
in the execution oi his duly, alter said forfeiture Is
duly declared be or they stall, upon conviction
thereof, be lined IN any sum not less than one hun
drtd dollars nor Than live huuhfed ddifg, or
be imprisoned 10 the county jail not exceeding six
months, or BOTH NJ the discretion OF the couIt; pro-
vided that the contracts for new construction AID
repairs on any OF said sections now force or enter
ed into between this time and the fifteenth day II
An ust next shall not in auy exceed the amount
by this act eppropraledior said seeon aud the conN
tract price lOr The same shall be paid 10y the state
Ste. i. Ibe esses Gi,resuid shall be executed aud
delivered by said board TO the lessee tr essecs, on
said board receiving from him or them tho securities
Aforesaid, Tor the section sections Of the public
works, struck off aforesaid to the highest bidder
aud ioT the term Aforesaid, which lease, when ex
ecuied and delivered shall ior the term aforesaid
ye. in said lessee or lessees all the ifanchses nuw
a,I a ktf, GfnNs Ia 10
public together with the right to appoint supsrinten
dents, collectors; inspectors; lock tenders, weigh.
masters and such other officers aud agents rs may
DO necessary; aud said supernlendents, collectors,
and other officers and agents, shall have aud eIers
ciie the power and authority 10 thu collection
OftOsi and Wnter rents. and the leyyng Of lines sa
can nov 10y law be exercised by sihnllr officers and
agents sPponed by the State, and said esees shall
be governed by the rn.es aud regulations Tor nsv'
gating the canals and Mnskingnln Improvement,
now 10 force, subject 10 such alterations and add,
tons rs may hereafter be established by law or the
board OF public works
Ser. 5. II shall be The duty Of the attorney gene
eral and lac - hereby required 10 prepare a form
OF bond and lease IN iuiheaDce of the provisions Of
this act, TO be used between the Stale Of Ohio aud
the lessees Of the public works. and The ard OF pub
lie works shall have the sans printed aud ready ior
inspection or bei,Te the lirst day OF Aaglnt
next, which form aud other shall be used in com.
the lessees Of the public works, provided i,r 10
this act the security required BY the board Of pub
lie works Of the said lcssees for the performance Of
their several undertakings. other than directed
aud required to DO deposited at the time Of said
bidding, she'll consist o the state stocks oi Ohio or
3 stenosit.d with the aadiior OF sfnie upou
which the said lessee essees may receive the IN
terest so oHg the OF said lessee are lu~
filled hud ktpt and 10 be returned 70 them Wy order
u tai board on the termination Of their respective
leasrs provided forfeiture oi ihe same shall have
happened duriag the continuance Il said lease; or
good and sufficient personal real estate security
to the satisfaction OF the board Of public works and
the said boird Of public works are hereby authorized
whenever they may deem il proper to require Otany
person or party offered for security statement.
updsr OATH oi The cash value Of his their real aud
personal estate above all his iher debts and liz.
bililirs. Every collector other person appointed
BY said essees. OF ANY Of them OF their asgRs, to
receive tolls said public works, shall Inahe munih-
" returns, verified by his oaih To the GudiiJr oi
state ai tie amount received by him during the
mouth preceding, Ghd it shall be the lniy Of said
collector, other zach spPoinlee. to pay into the
state treasury ten per eeutuin oil all srCh collections,
which slnll be retained IN the treasury indsolnny
Olm the sipnlations ol hisor their lease But ssid
money shall be repaid 10 tueh lessee or Cssccs nj
the eud Il each eat By the stao treasurer upon the
waIraut ui lbe lists AUDITOR pFtvided bat the au
ditor sha not issue hts said warrant until the
board oi public works or mljlrily OF Ihem shall
have iirst crTulled Ia wrIuuS that the covenants and
slipuuuous ui such lease have in all rcsp'ca brea
fully ard ialbiuly performed uP to- the eat ol The