Belmont chronicle. [volume] (St. Clairsville, Ohio) 1855-1973, 1861-07-04

canals shall In exceed those adopted by said
board in their sheet OF 1858 said road the rue
adoised 10y said board in 1859.
Sec g. II said lessee essees shall not fulfl all the
contained in said lease by him or them TO be
performed the said lease be forfeited at the option OF
the board Of public works. in case said board shall de-
clare said lease forfeited Aforesaid they shall cause an
entry to ho, effect TO br made upon the journal Of their
proceedings and shall Immediately notify ia writing the
Lessee or es,ees O. her action and shall also IN saia no
which such forfeiture sdecared and in all such cases the
action Of said board shall be nal unless within ten days
after the service OF said notice. the said lessee or essees
shall filed IN the office Of said bonrd his or their written
protest. Denying or otherwise taking issue upon the
charges made by the said bonr IN whole or IN part
and ,hc name OF referee whereupon the board shall
appoint sccoldrccrer. and shnll notify the governor OF
said protest who shall ticrcupon appoint third referee
who shall be an xpcrcnced lawyer The referees shall
he cizcns OF Ohio and shall as practicable.
afcr their anponm upon time for meeting not
exceeding dnys after the appointment OF suid last APP
pointed rclerceuness the board aud said lessee or les
sees Otherwise sccond shall also FIX some convenient
place within the state. where said parties shall be heard
aud when assembled nj the time aud place so liked ns
aose said, shall be affirmed well and faithfully
TO har aud examine the matt r. in controversy, and to
make aud lust report therein shall proceed 10 hear,
examine and determine the same. The trial before the
referees shall be conducted IN the n trial
by court; they shall have the power u summon
aud enforce the attendance OF Witnesses to administer
all nrce. sary onts aud 10 grant ndjournnens ns court
would nve upon such tra and il shall be their duty
sign nny exceptions taken to uny order or decision
hy thcn made IN the and To return the with
their report They shall make report. In writing stating
the facts found aud the conclusions OF law separately
and trr decision thereon. aud shall file the same with
hercupon docke, upon tho general docket OF
said court, to be entitled The State OF Ohio against
The Lcssces OF the Public Works ~
md said court It's FIRST general thereafter shall
enter judgment such decision, unless within ten days
alcr the hg Of said report exceptions thereto shall be
filed with said clerk II exceptions be filed, Il shall he
the duty OF said court at its first general thereafter
To hear said case giving preference to the all
other and the said court shall have the iurs-
dicton OF said coscs ns Il has OF civil actions commenced
therein The referees shall be allowed such compensn.
ton for their the said shal deem just and
witnesses allowed
by law allowed witnesses in civil actions; aud
such fees shall be taxed by the referees and returned with
See o. II said cnse shall be adjudged to be forfeited
the said lessee cssecs shall Immediately surrender up
pcnceac possession OF said public works. and OF all prop
crty oi the state npperninng thereto To the bos r Of pub
lie works. and shall also he liable his their bond
them shall refuse deliver up the public works when
sa lease shall be declared held forfeited In accord.
with the provisions OF this act Tor any properly Of
the apperning thereto shall resist any member
oi the board OF public works, other officer employed
forfeiture is duly he they shall upon convic
tlon thereof he fined in nny moi less than hum
drrd dollars than FIVE hundred dollars, be inn
pr.oncd III the county Jail not exceeding six months,
both, a. the discretioi OF the court
See T. The lense provided for in section three of this
net, when executed and delivered shall for the
said vest In said lessre essees such rights privileges
nnd franchises exercised by the state, as may he
necessary manage, control md keep repair the pub
lie works aud collect tolls for the navigation
OF the same together with the right TO appoint supernen
dents collectors inspectors lock tenders weigh masters
und such other officers and agents as may be necessary
and said sperntcdents collectors and other officers and
ngcns shall have and exercise the power and
thoy IN the collection of tolls and rents. and the
levy OF hnes, can now by law be exercised by similar
officers nnd agent, appointed by the state and said e
see or lcssees sla be governed by the rules nd ega
tons Tor navigating the canals und Muskingum Improve
mcnt now in force, subject TO such alterations and add.
ons mny hereafter be established by law the board
OF public works, not Inconsistent with the Of the
leaac herein provided Tor
shall receive n materials provided contracted for, aud
boaS, tools, implements, horses mules and other
property row belonging to and used by the state snd
public works. ut their appraised value, (which apprasr
ncn shall be made by trce judicous dsinercste per
to be appointed follows: by the Lessee or less
ees by the board Of public works. aud the third by
tue goyerno md pny TO the Stue their appraised vau,
ut such times und In such may be determined
|, upon by said appraisers.
Sec. D. Whenever II shall become necessary in orde
TO repnr protect or reconstruct any purt OF the public
works Of the state or TO prevent injury 10 the proper
o any person or persons. or corporation, occnsone
through or by the public works. appropriate the
the property OF any person or persons corporations
any euscmeui ill., the the shall b
done In accordance with the provision. Of the exisiin
laws and the compensation assessed for the properly
appropriated shall be pnid into the treasury by the less
for hu and benefit OF the party whom the prope
thus appropriated belonged
Sec. TO- That said lessee lessees shall not assiy
their lease any therein without The assent OF III
board OF public works thereto, entered in writing sal
Lease, and upon the Journal Of said bonrd and in ever
sumld oil liabilities to The state OF The Original lessee o
lessecs under this uci aud he governed In overy paric
unr us y this nc the original or lessces are nov
bound lur MS lhr same be applicable thereto but
assignment shall IN manner diminish elect the la
by oi the original lessee or lessees the surees the
$, bond,
Sec. u, Whenever In the opinion Of the lessee lc
secs OF nny Of the wnter power said canals sluc
Improvement, the said lessee or lcssees ofhe publ
works do not supply him or them with the surplus
~ provided IN their wntcr lenses accordng torc intent
meaning oil the same the said lessee lessees OF the W,
e power may make complaint in writing to the board
~ pubc works, who shnl examine into The ruth OF sn
~ complaint, nn II the same be- IN their opinion, well oun,
N cd the member OF SAID hoard in whose division the sn
is thel
i e.sces OF ,hc snid public the nature Of the i
y Jury complained Of aud The said see or lessecs OF sa
~ public works, shall without any Unnecessary delay co
rect the aud IN default thereof for the injuries sustain
d ed by them the said lessee or essees Of water power
~ then have nnd mninin an notion directly against sn
&c lessee or cssces OF spd public works their surees or the
assIgnccs for the nmoun, Of such damage injury
tuned aud the said lessee or essees OF said public wor
rel shall have the right the has when Il
y water eases forfeited for nonpayme OF
consent Of The board Of public works in wrilns' said W.
ter privileges for such period OF time not exceeding Il
rs unexpircd part OF said ten years time.
N See ~, II shall be the duty OF each member Of Il
% board OF public works TO pass and inspect the dv
e ion under his immediate charge, often evc
ninety days and over the entire public works yea
mud the engineer OF such division shall personally nspr
Y every portion OF such division often once in ihr
" days, aud rcporto the board from time time, the rest
le OF such examinations. ...N
y, Sec 10 That II any member OF the board Of pub
works or engineer sal directly indirectly hold pu
,e and executed under the provisions Of this act sh
combine coluc with any lessee or lessces OF the
tO prevent the inilui execution oil the provisions
contained he shall be deemed and held guilty OF u mis,
n meaor and shall, conviction thereof be fned In
y, less than thousand dollars more than II
- thousand dollars, and shu forfeit his office
Sec a. II the public works shall be leased under III
act the offices OF collectors, supernendens inspector
10 lockcnders weigh aud all other ofcers und
10 the appointment OF the board OF public works shall
abolished from aud after the approval OF said bod aud
ID officer shu lie retained thereafter under the board OF pu
lie works except three engineers and clerk fthe
Provided TINT snid works shall be leased un
the provisions OF this act and the lessees shu civ,
ID notice TO the bonrd OF public works Of their readiness
, take possession Of said works. the board shall cause
ce thereof 10 be given 10 oil superinenens, toll cole
tore oicyr. ad nyens Of the slate, employed abo
J. said works who shall continue dischar,
II the duties OF their said Offices and employ mens tat ii
expense OF the lessees OF said works until removed
appointed, and tho oicia bonds Of such officers nj
agents shall enue TO the use OF said essees all
.. eys received done by them account OF sa
works. subsequent TO the time when said lessecs shall
Ie possession MS Aforesaid Provided that whenever sa
lease shall terminate by forfeiture OF Otherwise the
board ure authorized 10 appoint such superntondents
col eciors, officers aud agents OF the slate auiho
led TO be appointed BY the act passed areh ~ 1890
IN duties Of the board OF public works.
" Sec u.s. Actions snay be brought against said less
or cssees or their assgnees, and their surees In
W. be summoned In any county into through which M
~ pen OF the public works that may be leased as here
W. provided may he located, and In any such action sui
mons mny he issued TO any county against fmore
~ ~ the defendants, At the plaintiffs request
he Sec H. Actions mny be brought by aud against sa
osacrs or their nssignees by the Of rhs Lessee
ec OF the Public ofks, In any county into through hi,