The weekly Portage sentinel. [volume] (Ravenna, Ohio) 1854-1861, 1859-08-24

during the term aforesa i'd, and shall OF all
times, when the season will permit, and the
water Is not necessarily drawn out OF said
section or sections for repairs or new con-
struction, or obstructed with ice, or by reason
OF some unforeseen breaks In some structure
OF the public works, or on account OF scare
ity Of water produced by drouth, keep the
same in good and proper condition and re-
pair, and shall make all necessary and need.
ful repairs and reconstruction under the di.
rection of the board Of public works or en-.
gineer employed by the state. But no
quired which shall make the work more ex.
pensve than the old plan or materials used,
and oil such repairs shall be made at the
lime determined BY said board, and the les
see or lessees Of any section or sections
shall permit all persons to navigate said ca.
nails and improvements, and travel on said
road, making no distinction in tolls charged
or in privileges granted, in favor of any per-
son or company, but no person or company
shall be permitted TO use any steam power
on any OF said canals, without the consent of
the lessee or lessees, or their successors or
! assigns, end the rates OF toll upon all arti-
cles transported upon said public works or
any part thereof, or travel upon said road,
shall not upon any article exceed the last
published rates of the state for 1859 and
which took effect prior to the passage of this
act, and if the lessee or lessees do not fulfill
all the covenants contained in their respect
i've leases, the same may be forfeited at the
option of the board of public works. In case
said board shall declare any section forfeited
us aforesaid, they shall cause an entry to that
effect to be made upon the journal of their
proceedings, and shall Immediately notify,
in writing, the lessee or Dessees of such sec.
tion of their action, and shall also in said
notice separately and distinctly SPECIFY the
grounds upon which such forfeiture is declar.
ed, and in all such cnses the action of said
board shall be final unless within six days
after the service of said notice, the said les.
zee or lessees shall file in the office of said
board, or with member thereof, his or their
written protest denying or otherwise taking
issue upon the charges so made by said board
in whole or in part. And upon filing of said
protest, the board or majority thereof, shall
appoint referee in behalf OF the state 4; and
said lessee or lessees shall also appoint q
referee on his or their behalf, and the two
referees so appointed shall nominate and sp-
point third referee in conjunction with
them to hear and determine said matter in
issue. The referees shall as soon as practi.
cable, fter their appointment agree upon q
time for meeting not exceeding ten days af-
ter the appointment of said last appointed
referee unless the board and said lessee or
lessees otherwise agree, and shall also fix
some convenient place within tho state,
where said parties shall be heard, and when
assembled at the time and place so fixed as
aforesaid, said referees shall proceed 10 hear,
adjudge and determine the matters in con-
troversy aforesaid, and shall make their
award in writing and deliver copy OF the
same to the board OF public works, and also
TO the said lessee or lessees, and If said re-
ferees, or majority of them, shall award
that said charges, or any of them, are true,
and that the same constitute good and suf-
!, fcient cause why said lease shall be decsr.
ed and held as forfeited, the said lessee O,
lessees shall Immediately thereupon surren
der up peaceable possession of said section
and OF all the property Of the state appertain.
ing thereto to the member of said board hav.
ing charge Of said section, and shall also be
liable to the state on his or their bond arore.
said. But in case said referees, or MAORI.
ty OF them, shall award that said charges arc
not true, or that being true they do not con
stitute sufficient cause for declaring sale
lease forfeited according to the provisions
this act, they shall determine the costs o
the proceedings in said case, and the same
shall be retained by said lessee or lessees
from the next succeeding payment made By
him or them to the state. Said referees
shall be citizens of the state of Ohio, an,
! freeholders therein and the third refere,
,hsrein provided for, shall be appointed b,
. a6e Board of Public Works, in case the re
fierce in behalf of said lessee or lessees shal
refuse or neglect to act for the purpose Q
appointing the same. Said referees shal
! have power to summon and compell the at
3 tendance ofWitnesGes, and shall each receiv
] for their services the same per diem an
, mileage as is now allowed by law to mem
bers of the legislature. And witnesses il
such cases shall be allowed the same fees O
:, is by law allowed to witnesses in civil suits
t II any lessee or lessees, or any employee
{ under him or them, shall refuse to delive
e up any section declared and held forfeited il
accordance with the provisions of this act
or any property of the state appertain
! thereto, or shall resist any member of tn
Q Board Of Public Works, or other officer EN-
s poyed under said Board, in the execution o
+ his duty, after said forfeiture is duly declare
e he or they shall, upon conviction thereof, b
s fined in any sum not less than one hundre
: dollars nor more than FIVE hundred dollars
;, or be imprisoned in the county Jail not eS
(. ceeding six months, or both, at the dscretio
/, OF the court : provided that the contracts fo
s new construction and repairs on any of sal
r sections, now in force, or entered into be
r tween this time and the fifteenth day Of Al
: gust next, shall not in any case exceed tn
J, amount by this act appropriated for said see
i tion, and the contract price for the same sha
!, be paid by the state.
e Sec. 4. The leases aforesaid shall be ez
# ecuted and delivered by said board to the les
d see or Iessees, on said board receiving fror
|. him or them the securities aforesaid, for tn
:. section or sections Of the public works
!. struck off as aforesaid 10 the highest bidder
d and for the term aforesaid, which lease, whe
n so executed and delivered, shall, for the teri
J, aforesaid, vest in said lessee or lessees
II the franchises now owned and possessed b
It the state, in regard to said PUBLIC works, tc
It gether with the. right to appoint superintent
}, ents, collectors, inspectors, lock tender!
d weighmasters, and such other officers an
d agents as may be necessary; and said super
v intendents, collectors, and other officers an
i agents, shall have and exercise the sam
power and authority in the collection oftoll
J.. aud water rents and the levying of fines a
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