The Hancock Jeffersonian. [volume] (Findlay, Ohio) 1857-1870, 1861-07-19

keep in repair the public works, aud collect
Tolls 'or The navigation OF the same, together
with The right TO appoint Superintend.
ents, COLLECTORS, Inspectors, Lock Tenders.
Weigh Masters. and such other officers and
agents as may be necessary, and said Super-
intendents, Collectors, and other officers,
and agents shall have and exercise the same
power and authority in the collection tolls
and water rents, and the levy of fines, as eau |
now, by law, be exercised by similar officers
and SCENTS appointed by the state, and said |
lessee or lessees shall be. governed by the
rules and regulations for navigating the ca.
nal and Musklngum Improvement now in
force, subject TO such alterations and addi-
tons as may hereafter be established by law
or the Board Of Public Works, not inconsist.
rnt with the terms of the lease herein pro.
vided Tor.
SIC. g.. The sail lessee or lessees Of the
public works shall receive all materials pro.
vlded or contacted for, aud boats. scowS,
tools, implements, horses, mules, and other
property now belonging TO and used by the
state on said public works, at their appraised
value, which appraiSement shall be made by
three judicions diSintereSted persons, TO be
appointed MS follows: one by the lessee or
leSSees, one by the Board OF Public Works,
and The thhd by the Governor; and pay TO
and in such sums as may be determined up.
ON by said appraisers.
SEC. .. Wheneveri il shall become neces.
sary in order TO repair, protect, or recon.
stfuct any part of the public works of the
state, or to prevent injury 10 the property Of
any person or petsons, or corporation. occa-
stoned through or by the public works, to ap.
propriate 10 the state, the property Of any
person or persons, or corporations, or ease.
ment in, to or over the same. the SAME shall
he done in accordance with the provisions
Of the existing laws, and the compensation
assessed for the property so appropriated
shall be pad into the treasury by the iessees
Tor the use nnd benefit Of the party to whom
the property thus appropriated belonged.
SEc. 10. That said lessee or lessees shall
not assign their lease or any interest therein
without the assent Of the Board of Public
Works Thereto. entered IN writing On SAID
lease, and upon the journal Of said board,
and IN every such assignment the assignee
shall be held 10 have assumed all Liabilities
10 the state, OF the original lessee ot leSSeeS
under this act, and be governed in every
particular as by This act the original lessee
or lesSeeS ATE now bound, so far as the same
be applable thereto; but such assignment
shall IN no manner diminish or Affect the
liability OF the original lessee or leSSeeS or
the suretieS on their bond.
SIC. II. Whenever in the opinion Of the
lessee or lesS.es Of any OF the water power
on said canals or slack water improvement,
The said lessee or lesSees of the public works
do not supply him or them with the surplus
water, as provided in their water leases, &C.
cordiug to the true intent ani meaning OF
the same, the said lessee or lessees OF the
water power may make complaint IN writing
NJ. Fa..N... N.IN
anime faf1 thr truth uf said complaint, and
IT the same be, III their opinion, well found
ed, the member Of said Boar! in whose d.
VISION the said water power is located, snail
forthwith notify the lessee or leSeeS OF the
said public works, of the nature of the in u
ny complained of. and the said lessee or
lrSSees of sad public works shall, without
any unnecessary delay. correctthe same, and
in default thereof for the in urieS sustained
BY them, the said lessee or ltSsces OF water
power, may then have and maintain an ac-
tion directly against said lessee or leSSees OF
said pubic works. theli sureties or their as
SlInees, for the amount OF such damage or in
Jury snSialnrd; and the said lessee or leSSeeS
ni said public works shall have the same
right as the state now has, when the water
leases are forfeited for non. payment OF rent
or other eau Sc, or expire, to re enter and
Of Public Works, IN writing. said water
privileges for such period OF time not exceed
lnr .hc unexpired part of said ten years
''mc.
Or, -. II shall be the duty OF each
meh7Dei the Board of Public Works To pass
over an" insect the division dndcr his I'M
mediate chhtscr'r often as once every nine
ty days, and over Ia. entire public works
.sn,c q ycart anh ~, t..asln vr s,.v,. a.
vision 81 Nil personally inspect every portion
of such ,Jy'siGu, aS often as once IN thifty
DAYS and Tcpur 49, I.--' fram lime to
nm. ,h,. ,-suIt NJ such examinations.
SIC. ~, Thatif any niembeT OF the boaid
oC Public Works or Engineer, shall dItec''y
or indirectly hold or purchase any interest,"
in the lease ol said public wo!NS' ihaue anu
executed under the PROVISIONS OF thlS ''' VI
shall combine or collude with any lesSr. oi
leSSerS Of tsr same to prevent The ia''"'u
execution of the provisions herein coht"'"e"'
he shall Lc deemed aud held guilty o. ms
d-msanur, and shall. on conviction thereof
h,. tinrd va any sum not less than one thon
sand dollars nor more than three thousand
dollars, and shall forfeit hiS office.
Src Ii. II the public works sha'l De
leased under tins net, the offices ol Col
l"r'prs, Suprr,ntenden,s, Inspectors Lock
Tenders, Weigh. Masters, aud all other OF
; fcerS under the appointment ot the boatn
? Pubic Works, shall he ahnliShed ron ah'
. after the approval ni SAN honi' anu "
.,tIi ser shall h. retained thereafter under tn
. Board of Public Works, except three En-
: "a a,,.rs aud a Clerk OF the Board; Provided
=. rnlt so soon rs said works shall be lease
under the PROVISIONS uf this act, and the ls'
=. secs shall have given notice TO the Board q
/, Pubilc Works OF their readiness 10 take pos
session of said works, the bonrd shall caus
n no,,,c thereof 10 be given 10 all Supern
's' 's'tendents, foll Collectors, officers and asen'
n Of the state, employed on OF about sal
a, works, who shall nevertheless continue
+, discharge the duties OF their sad oihces an
molovuI.nts, tat the expense OF the leSset
y, of said works,) until removed or .apPoin
~, ed. and the official bonds OF such officers All
N agents shall enure to the use OF Said lessee
4, as TO all moneys received, OF acts done
"A them on account -oi said works. snbSequei
- Ito the time " he n said iessees shall 'nKs po
>, session, MS aforesaid; Provided, that whei
IN ever said lease shall terminate by toriein
- or otherwise the said board are authorized
nm appoint such Superintenden,s, Toll Co'iec
to urs, officers and agents oi Tie STATE as u
N, now authorized 10 he appointed by the a
~, noss.1 March "a, 1850. entitled IAN A
." drdninr ,he powers and prescribing the d
-, Iu,r oi the Board of Public Works.
,, Svc. IS. Actions may De rought agar
.v SAID lessee or lcssees, or their aSsignees, a
h' lthsir suretics, IN any county III when tht
49,. or any of thrm, reside, Or may be Summ0ne
nj ar IN any county lnto % through winch .
;n. mart of the pnOlic works that may v. Tease
,e rs herein pruv,drd, may lie located and
,,, any such action q summons may be ISSUED
Va. any cuunt,, against one oI more OF the d
n, lendants a, the plaintiff $ request.
ur, Src. Ii. Actions may be brought by n
t,., against said leSsccS OF Their assigneeS by
hi, Inam, of "thc lcssees nj the pnhhc WORKS
W -, -, ,.,,,,,,, ,n,o Ot thrOuph which