Western Reserve chronicle. [volume] (Warren, Ohio) 1855-1921, 1859-08-03


road making distinction in tolls charged in priv
ileges grsnted, in favor Of any person company,
but no person or company shall be permitted to Gse
any steam power any Of said canals. without the
consent Of the lessee lesees their successors
assigns, and the OF toll upon all articles
ported upon said public works any part thereof,
travel upon said road. shall upon any article
ceed the last published of the for 1859 and
which tnok effect prior to the passage Of this act and
if the lesee or lesees do faIhl all the covenants
contained in their respective leases the may be
forfeited at the option Of the board Of pubic works.
In case said board shall deeiaEe seetio forfeited
aforesaid, they shall declare entry that effect
20 be made upon the journal Of their procsedings and
shaI Immortality noty IN writing the lessee or les
sees OF sach secti0n OF ther action, and ss also in
! said notice separately and dstinctly specify tEe-
grounds upon which such forfeiture is declared and
in ali such cases the action Of said board shall be nal
unless wthtn six days 1er the service OF said notice.
th said lessee iessees shall file in the Office said
board or with member thereof his or their written
protest denying otherwise taking issue upon the
charges made by said board in whoie " part.
And upon filing Of sait protest. the board major
ity thereof shall appoint referee in behalf of th
site and said lessee or iessees shall appoint referes
his their behalf. AMI the rsfese-s appoint
ell shall nominate and appoint third referee in
junction yt ssin TO heaf and deternine sale
in ; Tlfe referees shali practicable.
alter their appointment agree upon time for meeting
not exceeding ten days after the appointments Of said
las: appointed referee unless the board aud said lessee
or iesgscs Otherwise agree, and Snail also fx sone
Convenient place within the state where said parties
shall be heard and when assembled the time and
place fixed as aforesaid, said referees shall Precee to
hear adudge and determine the matters in controversy
aforesaid and shall make their award in writing md
deliver copy of ths the board Of public works.
and also to the said lessee or Iessee and If said refer
ees, majority Of them shall award that said char
ges any of them true and that ;he eOnsti
ute good and sufficient cause why said lease shall be
declared and held forfeited the said lessee less
shall Immediately theTeupon surrender up peace
able possession Of said section and Of al the property
of the state appertainlEg thereto the member of
said board having charge Of said section, and shSE
also be liable to the state his heir bond aforesaid
But in case said referees, majority Of them, shall
award that heir n
they DO not constitute sufficient for declaring
SAID lease forfeited according to the provisions Of this
they shall de.eriLe the costs of the proceedings
IN said and the shall be retained BY esss
or lessees from the succeeding pas by
him or them to the state. Said referees shall le
zens OF the state OF ohio. and freeh0liers therein
and the thir referee herein provided for. shah be a
pointed by the hoard Of public in The ref
in behalf Of said lessee lessees shall refuse
neglect Ia act fer the purpose Of appoHtng the
said referees shall have power and compel
the attendance Of Witnesses and shall each receive for
their services the per diem and milea is
allowed by law to members Of the legislasnre. AND
witnesses IN such shall aoHed the
as IS BY law allowed to WITNESSES IN civil SUITS II
any lessee or lessees. any employee under him
them shall refuse to deN up any section declared
and held fortified in accordance with the provisions
% this act any property OF the asert dining
thereto, shall resist any member of the board Of
Dubkc works. ether Oficer employ ed under saiT
board in the execution OF his duty alter said forfeit
ure is duly declared he or they shall. upon conviction
thereof. be fined in any less than one hundred
dollars than I've h1ndred dollars. or be i'm
Prisonsd in the county jail not exceeding six months,
BOTH at the discretion of tbs court provided, that
the contract for construction and repairs any
OF said sections in fO=ce entered into between
this and the fifteenth day Of Au Just next shall
not in any exceed the amount by this appro-
pirate for said section, and tAe prize for the
same shall he paid BY the state. 49,
Sc 4. The leases 1lor9sald shall be executed and
Eyered by said boar the lessee or iesse on said
b5a ri receiving from n them the securities afore-
said fer the section or sections OF the public works,
struck as aforesaid 10 The highest bidder. end for
aforesaid, which lease, yhcr executed and de-
vcrsd shall. fer te term Aforesaid; IA said lessee
lessees all the .nehi~c owned aud possessed
of the state, in regSrl 20 sad pubic t,rei-r
;; the right appoins sUner.nndarts, colIectOrs. i
gectors, l0ck tenders, weishn.1ser, and such other
ocers and gents C. nay be necessary; and said super
iafcglznts, collectors, and other officers and agent,
shah have and the power and authority
the cOcron OF iolls and water-rents Snd he eyyiu
,i fines as can row By lew be exercised by s-iiar
ami appointed 5y the state, aHl said e-es
hslI be Governed by the rnes aa regulations for nsvi-
satin the canals aud Muskln-um Improvement now in
trce subject such alterations and additions A. ,aav
iersatter be established By law or the boari Of bc
vcrss.
See = j. shall be the Jr.y Of the atiorssy scusr71.
d he Il hereby reqaiied 20 pFepsSe as OF bond and
-a>e IL iurtheraEce OF the provisions Oi tA.S act
isc hetwesn the state .! Ohio and the esees of the
ublis voFzs, and the ao7rd Of public wOrSs shall have
H9 printed an. ready icr inspection before
he trst day OF Augusi next, which form ANA ogrr
aa be used lE completing grd executing the
n-cFed into b. the ssees 0ftaC public wors rs mo-
lcd or in tis tie fy 7egas.I b. tire bo ri
4 public worss OF the said e,ssss Tor the per oranee
--A '---Na -'''-- ti--t .-.4'''St--
M requ.-c 20 Be tep9sit-i 10 the time Of said idi
1l consist OF tie stale stock Of Oio, e. Z. stocks
eposI.si it the auditcF Oftafe. wich tine aid
,ssee or essees may receive she EieTess long the
Gvea1atl Of sliG lessee fsiicd and kept, and 70
returned TO them - CT Ter o! said board the
loI oi their respective leases IrO.ided no forfeiture
the same sfal haze happsUed dCrug the continuance
9 said lease; good ard Sufficient PersOHsl real
state ury 10 ths satisfaction Of the boari OF public
ora; and tie s1ii board Of public works kercby
rth1r.z-d- Whenever they T1y deem " proper, 10
uE- % per on pery offered iSr security, state
rent, uEder Oa. OF the cash valEe Of his teT
,ta'e ahore al as CT hcir debts aad abiities Lye
collector other person appointed By sueh lesses>.
ofthem iheir assigns, 10 receive tOis SAID
aiic v0rss, saaii MAKE ia1nhy rettrass verified by
IS oa'h to the auditor ot state or the amount received
h.m turin@ TIE Iaoh Erecciig and II shall be the
lty of ssi collector; other such appoilee, pay
ito the state reastry ten per ceatum OF all such ru
ciioas- which ,hai be retained the treasury
euny against te taiuTe oi sne5 lessee lessce-
rorm the s,ipuatiors o. a.s fheIr lease. BU;
cncy shall BE- repaid 10 such lessee essces NJ the
ld u each year by the state uPOn tire
ut OF the state Gu.or; prJFdcI- thai tie gudiioT
M not issue his sSld warFan. uuti ie b0Srt o. pabic
ors, or majority % them, SHAH lave hrst certified
writing tha. tie covenants and stpua,ioAs vi such
have in all respects been fully and faithfully per-
E.nei a. The end OF the year aforesaid.
Sec D. There is hereby appropriated odt Of any
IS in the t.easury. pot otherwise appropriated. Tor
ie frs. taree-fourths OF the hsesl year. ending Nov.
'th, less, the several SUMS cf money hereinafter
amed, Hi,ch thereof may be necessary for the
syer.l purposes injieated- On division hummer one,
be paid car on the check Of Abner l. BacKus actins
for construction, suPerintendence and
pairs, sixty SIX thousand dOlSrs; TCr building and
'psiring wooden LOCKS, ten thousand dollars iOr
,yment Tor worS on Independence Dam, fl thousand
Ilizrs. On division hUmtcr taO, to be paid
= checS Of John Nadia acting commissioner For
ii.iing -1aT laa above Paint creek arque,.nc. six
InGrct and ifty dollars Tor bud;ng glard ianE at
thes according 70 instruction of joint resolution Of
neral assembly, seven hundred dollars fOr payment
damages to Dennis SlcCarty u Co., u'.er joint
gtiOn CT general assembly, three thousand dJitus.
be p1td ou Of appropriation complete the Lsncas
si-ie cCT made April :, lSj4. wtch appropriation
hereby renewed, and Continued for tn purpose;
e payment OF The STAKE proportion tsSdri building
d-e over Nslnu: creek, at Lcekbu-u. aftecn nun
ed dollars aud hsl said BLDG is bult, the same
all be used cy the state Tor towing path purPosss
toll; l1r construction, snPeriU;sndenee, ana re-
lirs, h.iy four thousand one hurdred shd seventy
re ;oilrS Ol division num5er three 10 b. pais
the cheek OF .nO J.. Martin, acting Commissioner:
pr the payment Of repairs under conIra-- eleven thou
M one hundred anu ten doillTS for payment bal
due boats, tools and materials taken rCu CON
actors thousand nine hucfred sad ffty ,lOiarS;
: supss1tsu sudcace, construction ant rep .-s sixty
- Cl1G5elt dollars; !Jr l-y yE-Ht Or outstanding
ccss lor Sancr tecdeEce and rsra.rs drawn beyond
iarr apTO ..tiuas On thousand IIiae hrnTed and
lsBJ irve dollars and tseuty cents; Tor general
e - not iic.;i e.. m lperlrieIilece and repair,
following are hereby ordered lsid ~ al
'ion the amount before Stated fSr payne Of iairS
and due aLd settled by the beard OF lnulic wtrkS.
e ti.0lsant dollars for payment u attorneys sees
a Incidental expenses. Ell -ate=u haniret dol ..rs
payment Of siiari-s Of resident engineers. seven
5ussnd FIVE hundred Gc.ltrs for payment Of slil-
5 u a1ners Of t,s board Of public EOI - iuGr
I'd I've hundred dollars: for IiyIuensof outst4ndi
@Nat ~ NL1i1aS is-lt tgNEElhrr
l-l-, on division NJ l5eT one, rhO-saIL dos
rs Tor payment Of outstanding ehsc<s for iaoor On
vision humber two. i've thousand AYE hlnared and
yenty-iaree dollars; for improvement VI mouth of
isSiugln river, SIX thousand Go!.ar5 for repairing
recon stc1ctug the erin ihe Malta mile II Msrg,a
na'y 5fec-5ly % the joint .uo cl The gctrr-
assembly, s=~uly ivs hHairel dollars; for pruee-
tIe banks - the hIsktuguin river a. West Zanss.
s- eistt huadred and twenty five dollars Tor cull-
iua oi basin ca oli feniter.iry IL Ia C0ul.l ~
g-u EuncrrJ ard uIsy dollars.
Sc. = lIaay member Oi the board Of priIc vows
AL DIRE e,lE or in irect;y hold or purchase any
crest IN the lease Of any section male and
ecuted under the provisions OF this act or
All combine collide with any lessee or les.
IS OF the . pregeut the faithful ex xecr,tica
the provisions herein contained. Ia shall he a. ,nr
] held guilty Of Iaisdeaae4ncr. aud shall upor, CON
,;ion thereof be fined in any not less han one
aussnd doiiars nor more thsn thee thousand dollars
siu lease snail thereby be forfeited 70 the stae
Sec :. Thai said lessee or lessees SIAN No. a,sj,n
-;r SAID leases wSCt the assent Of the board u I,
vorLs thereto. entered in writing 90 S,iJ I-,.ses
upon she Journal % said board, and IN yary st,n
Sc Of assignment ;hs said as guees shall Ae leti
We assane all liabilities to the SGass Of the original
'sce or lessees un4er t!s and be governed in
cry parisGiar Gs hy thls act The original Eesseas
~ focad 50 f- as tue may be applicable the,e
sec. q Wheucver said lessee or IaSsess shall r.fra