The Cadiz Democratic sentinel. [volume] (Cadiz, Ohio) 1854-1864, 1861-06-26


agree, and shall also fx some convenient place
within the State where said parties shall be heard,
and when assembled at the time and place so 6xed
as aforesaid, shall be sworn, or affirmed, well and
faithfully TO hear and eNamine'the matters in con.
troversy and to make true aud Just report there
iu, shah proceed TO hear, examine aud determine
the same The trial before the referees shall be
conducted in the same manner a trial by a
court. They shall have the same power 10 sum
mon and enforce the attendance Of witnesses to
administer all necessary Oaths, and to grant ad-
ljournments a court would have upon such trial;
and il shall be their duty 10 sign any true exception
taken to any order or decision by them made in
the case, and to return the same with their report
They shall make report in writing stating the
facts found and the conclusions Of law separately
and their decision thereon, and shall file the
with the clerk Of the superior court of Cincinnati,
who shall thereupon docket case upon the gen.
eral term docket of said court, to be entitled the
State Of Ohio against the essees
of the public work" and said court, at its first
general term thereafter, shall enter judgment on
such decision, unless within ten days after the FL
ing of said report. exceptions thereto shall be
filed with said clerk. If exceptions be filed Il
shall be the duty of said court at its first general
term thereafter, 20 hear said case giving prefer.
ence TO the same over all other cases, aud the said
court shall have the jurisdiction OF said cases
as it has Of civil actions commenced therein. The
referees shall be allowed snch compensation for
their services the said court shall deem Just and
| proper and the witnesses shall be allowed the
| same ices as are bY lnW allowed 10 Witnesses In
civil actions; and such fees shall be taxed by the
| referees and returned with their report
| Sec. b. II said lease shall be adudged to be
forfeited, the said lessee lessees shall immedi
atey surrender up peaeeabe possession of said
public works, and Of all property of the state APP
pertaining thereto to the board of public works,
and shall also be liable on has or their bond; and
if any lessee or lessees, Or any employee, under
him or them, shall refuse to deliver up the public
works when said lease shall be declared or held
fal tboY ~
act, Tor any property of the state appertaining
thereto,l or shall resist any member of the board
of public works, or other officer employed under
said board in the execution of his duty, after said
forfeiture is duty declared, he they shall, upon
conviction thereof, be fined in any sum not less
than one hundred dollars more than five hum
dred dollars, or be imprisoned in the county Jail
not exceeding six months, or both, at the discre-
ton of the court
Sec T. The lease provided for in section three
OF this act, when executed and delivered shall for
the term aforesaid vest in said lessee lessee such
rights, privileges, and franchises now exercised
by the state, as may be necessary to manage, con-
troll and keep in repair the public works, and col
lect tolls for the navigation of the same together
with the right to appoint superintendents, collec
tors, inspectors, lock tenders, weigh masters, and
such other officers and agents as may be necessa.
ry and said superintendent. collectors and other
officers, and agents shall have and exercise the
same power and authority in the collection of tolls
and water rents, and the levy Of fines as can now,
by law, be exercised by similar officers and agents
appointed by the state, and said lessee or essees
shall be governed by the rules and regulations for
navigating the canal and Muskingum Improve
ment now in force, subject to such alterations and
additions ms may hereafter be established by law
or the board of public works, not inconsistent
with the terms Of the lease herein provided for.
Sec. s. The said lessee or lie sees of the public
works. shall receive all materials provided con-
tracted for and 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 iudicious disinterested persons to
be appointed follows: one by the lessee or les
sees, one by the board Of public works and the
third by the governor; aud pay to the state their
appraised value at such times and in such sums rs
may be determined upon by said appraisers.
Sec 8. Whenever it shall become necessary in
order to protect repair or reconstruct any part of
the public works of the state, or to prevent injury
to the property OF any person or persons, or cor
poration, occasioned through or by the public
works, to appropriate to the state the property of
any person or persons or corporations, or lease
ment in, to or over the same, the same shall be
done in accordance with the provisions Of the ex-
lsting laws, and the compensation assessed for the
property so appropriated shall be paid into the
treasury by the lessee or lessees for the use and
benefit of the party to whom the prope, ty thus
appropriated belonged
Sec. TO- That said lessee or lcssees shall not as
sign their lease any interest therein without the
assent of the board of public works thereto, en-
tered in writing on said lease, and upon the jour
nal of said board, and IN every such assignment
the assignee shall be held to have assumed all lia-
olites to the state of the original lessee lessees
hinder this act, and be governed in every particu-
ar as by this act the original lessee or esseeS are
aow bound, so far as the same applicable thereto
out such assignment shall in manner diminish
IL Affect the liability of the original lessee or les
sees the sureties on their bond.
Sec. II. Whenever in the opinion of the lessee
1r essees Of amy of the water power said canals
)r slack water Improvement, the said lessee or les
sees of the public works do not supply him or
hem with the surplus water, as provided in their
water leases, according to the true intent and
meaning of the same the said lessee or lessees of
he water power, may make CO npaint iu writing
% the board of public works, who shall examine
nto the truth of said complaint and il the same
>e, in Gler opinion. well founded the member of
said botrd in whose division the said water power
S located shall forthwith notify the lessee les
ices of the said public works. of the nature of the
injury complained of, and the said lessee or les
ices of said public works shall, without any unne.
,esSary delay, correct the same, and in default
hereof for the injuries sustained by them, the
'ald lessee or iessees OF water power, may then
lave and maintain action directly against said
IS see or lcssees of said public works. their sure
les or their assignees for the amount of such
iamage or injury sustained; and the said lessee or
essees of said public works shall have the same
light as the state now has, when the water leases
Ic iOTlelIeu HOE HOH-pdyInCnb OF rent or Olner
ause, or expire, to re-enter and lease again with
he consent of the board OF public works, in writ
ng, said water privileges for such period of time
,ot exceeding the unexpired part of said ten years
ime
Sec l2 1t shall be the duty of each member
# the board of public works to pass over and in.
pect the division under his immediate charge, as
ften as odce evero ninety days, and over the en-
ire public works once year. and the engineer of
uch division shall personally inspect every por-
of srph dIpiStp SO to az in rtr
lays, and report to the board from time to time,
he result Of such examinations.
Sec. l3. That if any member of the board of
ublic works or engineer, shall directly or indi-
ectly hold or purchase any interest in the lease
f said public works made and executed under the
rovsions of this act, or shall combine or collude
nth any lessee or eSsees of the same to prevent
he faithful execution of the provisions herein
ontained, he shall be deemed and held guilty of
misdemeanor, and SHALL on conviction thereof,
e fined in any sum not less than one thousand
ollars nor more than three thousand dollars, and
hall forfeit his office.
Sec. II. If the public works shall be leased un.
er this act, the Offices of collectors superinten-
ents inspectors. lock tenders, weigh masters and
IL other officers under the appointment of the
oard of public works, shall be abolished from and
fter the approval of said bond, and no officer
hall be retained thereafter under the board of
ublic works, except three engineers and clerk
{ the board Provided, that Soon as said works
hall be leased under the provisions of this act,
nd the lessees shall have given notice to the board
f public works of their readiness to take posses
ION of said works, the board shall cause notice
hereof to be given to all superntendents toll col
ectors officers aud agents Of the state, employed
n or about said works, who shall nevertheless
ontinue to discharge the duties of their said of
ces and empoyments, lat the expense of the les
ees of said works )until removedo or re-appointed,
nd the official bonds of such officers and agents
hall enure to the use of said lessees, as to all mo-
eys received, or acts done by them on account Of
aid works. subsequent TO the time when said les
ees shall take possession as aforesaid: Provided,
hat whenever said lease shall terminate by forfeit
ure or otherwise the said board are authorized to
ppont such superintendents, toll collectors, of.
ers and agents of the state as are now authorized
0 be appointed by the act passed March "a, 1880,
ntitled Fan act defining the powers and prescrib-
ng the duties of the board of public works" T'