The Jeffersonian Democrat. [volume] (Chardon, Ohio) 1854-1865, 1859-09-02

or on account OF scarcity of water produced
by drouth, Keep the same in good and prop.
or condition aud repair, and shalt make all
necessary and necdful repairs aud re CON
struction under the direction Of the board
of public works or engineer employed by
the state. But no change Of plan or Of ma.
terial shall DO required which shall make
tho work more expensive than the old plan
or materials used, and all such repairs shall
DO made at the timo determined by said
board, and the lessee or lossoes of any sec
ton or sections shall permit all persons to
navigate said canals aud improvements, aud
travel on said road, making no distinction
in tolls charged or in privileges granted, in
favor OF any person or company, but no
person or company shall bo permitted to
uso any steam power on any of said canals,
without tho consent of the lcsseo or lossees
or thoir successors or assigns, and tho rates
OF toll upon all articles transported upon
said public works or any part thereof, or
travel upon said road, shall not upon any
article exceed tho last published rates Of tho
state for 1859 and which took effect prior
to the passage of this act, and il the lessee
or lCssees do not fulfill all tho covenants
contained in their respective leases, the
same may bo forfeited at tho option of the
board OF public works. In case said board
shall declare any section forfeited as arorc.
said. thoy shall cause an entry to that effect
TO be made upon tho journal Of their pro-
coodiugs. and shall Immediately notify. in
writing, tho lessee or lesseos OF such section
of thUir action, and shall also in said notice
separately and distinctly specify the grounds
upon which such forfeiture is declared, and
in all such cases tho action Of said board
shall be final unless within six DAYS after
tho service Of said notice. tho said lessee or
lessoes shalt filo in the office of said board
or with member thereof, his or their writ.
ten protest denying or otherwise taking is
suo upon the charges 80 made by said board
in whole or in part. And npon filing of
said protest, the board or majority thereof.
shall appoint referee in behalf Of tho
state and said lessee or lessocs shall also
appoint referee on his or their behalf, aud
tho two retorees so appointed shall nomi.
nate and appoint third referoc in coniunc-
ton with thom to hear and determine said
matter in issue. The referees shall as soon
as practicable, after their appointment
agree upon a time for meeting not exceed
Jog ten days after tho appointment of said
last appointed rofcrco unoss tho board and
said lcsseo or lessees otherwise agree, aud
shall also nix some convenient place within
the state where said parties shall be hoard
and when assembled at tho time and place
SO liked as aforesaid, said referees shall pro-
cceu TO hear, auJudge and determine the
matters IN controversy aforesaid. and shall
make their award in writing and deliver a
copy ot tho same to tho board OF public
works, and also to the said lessee or Icssees,
and 1t said referees, or majority of them,
snail award thnt SAID charges, or any ot them
are true aud that the same constitute n
good aud sutiicient cause why said lease
shall DO declared and hold as forfeited the
snld lessee or lossoes shall Immediately
!hereupon surrender up peaceaole possess
ION OF said section and OF all the property
OF inc state appertainlng thereto to tho
member OF SAID board having charge OF snid
section, ana sha'I also DO liable TO the state
on MS or thoir bona aforesaid But IN
case said referees, or majority OF thcm,
shall award that said charges are not true,
or that beng true they do not constitute
suthcent cause Tor declaring SAID lease for
tel'ed according to tho provisions OF this act,
they shall deter mino the costs OF tho pro
ccodlngs IN sad case, and the same shall be
retained oy said Iessco or Iessees, from tho
- 'b l~Sr y
them TO tho state. sad retorecs shaii be
cItlzrhs OF III" stare OF ONO, ana lfechoIu'
ers therein and the third referee herein
provided for, shall DO appointed by the
Board OF Public Works, IN case the referee
IN behalf oi SAID lessee or IcsSces shall re-
iuso or neglect TO net tor tne purpose OF ap,
pointing mo same oalG referees Sna''
tendance of uitrcsscs and shall each rcceiro
for their services tho samo per diem and
mileoue as !, now alIowod hy law to n,,m
hors of tho lngislaturo And vitnesscs IN
snch cases shaII ba alloUod tho same f,cs
as ia bv INV ,llnwcd to v;tncsse. in ciriI
aui,o IF anv ,es.ea or lcsssos mr. nnv om.
nIoyee rndcr him or them shall refusa n
GeIiyer nm anv section declared and hold
forfoito6 in accordonce with tho nroyisious
of this not mr. any property of the state an
pertaining thereto, or shall resist anv mem
her of tho Board of Publio Works. or otbor
officer empIoyed under said Board. IN the
execution of his duty. after said forfeiture
is duIy doclared he or they shall. upon con.
yiction thereof bo fined in any sum not loss
tban ono hundred dollars nor more than
fvc hundred dollars or be imnrisoned in
the cou, tv iail not exceeding six months M
bo.h At tho discretion of the court, nro.
vided thnt tina contracts for new constrpc.
tion and repairs on any of said sections
now in force. or entored into between this
time and tho ifteenth day of August next.
shall not in any case exceed the amount by
this net appropriated for said section, and