M'arthur Democrat. (McArthur, Vinton County, Ohio) 1853-1865, 1861-07-18

Il
behalf OF the State, and which shall contain
all the covenants, agreements reservations
ana 'stpulations between the parties, requir-
Ied oY this act, or necessary TO carry out tits
provisions, aud within tie same time said
lessee Or essees shall execute and deliver The
bond mentioned in the proceeding section:
Provided, that the successful bidder or bid
ders shall fail within said five days to enIer
falo said tndenture, and todeliveF saNl bIld
then the goyernof shalt give nptice Of anoth-
or letting and appoints day not less lhantYO
weeks nor more ihanth weeks th hsrealfer
when he will receivs bids IN accordance with
the provisions Of this act Provided, furths.
hat the annual rent shall not be less than
twenty thousand dollars. Ah 1hlluN ~
SEC. =. II shall be the duty Of the attor.
ney general immediately after the the pass.
ege OF this act TO prepare The form OF bond
and indanture Of lease herein REQUIRED aud
is 'hall be part Of tie contract between the
lessee or lessees and the Slite, tfat tie Iessees
shall pay the rent afore;ail at rthe tine and
place specified in his 90 their lease, aud skaIl
faithfully perform all ths.legil 1c6alTacts OF
the Stale Tor the term aforesaid contained in
the water leases on said public works, ol on
leases Of groddd for eollsetprsi offices or lock
houses, and oil arrangements entered into BY
the Stale gi Okio, by, acts Of the general as
sembly otI lothfyyiIeI with a2,i person o.
persons, slate, corporation or company, or
with the Uhitsd States, relating to said pub.
lie works, during the term aforesaid and shall
at all times, when the season will permit
and the wnter is hotI nsceislriy drawn out
olsaid public works, for repairs or new con.
slruetions rSlwhen' said AE Eotk5aSe ] moi obe
streeted By ice or some unavoidable breach
in some structure in said works, or other eds-
ualty, or on, account Of scarcity ofwater prc.
dpcel BY dtoqght bsrp. lhs sans in good ami
proper coalition aud Teppit. tIrr prompt,
SPEEDY, and successful, navigation by al
Iboals not drawing more Than three fee' OF
water, aud shOl', irom time 10 timen1 mike
all necessary aud proper repairs aad recon
strucions asthe boarl may reqite, and under
the direction ofthe byard. or an ehsineerap
pointed by said board, so as to keep said
public works in good AMI proper coalition
oil repair. aud deR~er up said public works
to the State Of Ohio at the Termination OF
said lease in like good condition: 5ut no
change OF plan OF materials shall be required
which shall make the works,mors expensive
than the old plan or materials used; and all
such repairs shall be made at the time deter.
mind upon by said board, and after a rea
spnable notice Of the same shall be given by
the board to said lessee or lessaes; AMI the
essees Of said public works, shall permit
all persons TO navigate said canals or travel
upon said road, making no distinction in tolls
charged or privileges granted in favor Of aay
person or company. And tie rates of toll
charged on the canals shallin no case exeecd
those adopted by said boardiir their loil.sacet
OF 1858, ror on slid road the rate ads pted
by said boarl in 1850.
SEC. 5. II said lessee or lessees shall not
idlGll all The Conyenans contained in said
tIeasc b. hila or them 10 be perform d. the
said lease may be forfeited at the option of
the boare o( public works; in case said board
shall declhre said lease forfeited as aforesaid,
they shall cause an entry to that effect to he
mide upon the j'urnal Of their proceedings,
pna shall Immediately notify lin writing the
lessee or lcisees Of their action, AMI shall al.
so 10 said notice separately and distinctly
specify the grounds upon which said forfeit
ure is declared, ana in all such cases the ac-
tlon OF said board shall be filal, unless with.
| in ten days asIer the service Of said notice,
the said lessee or lessees shall file in the o.
flee of said bGard. his or their wSittsn pro.
test DENYING or aherwise taking ilsue II p3n
the charges thus made by Tie sail bDanl in
whole or in part, aud the nime of a ref,ne G
whercupon the board shill appoint a second
referee AMI shpIl notify the g0varnof Of said
protest, who lherespon shall appoint n third
referee, who shall be an experienced llwyer
The referees shall be citiz~ns Of Ono, and
shall as soo1 Us practicable, after their an
pointhenl, agee upon tima for meeting.
not exceeding ten dIys after lhl apnont.
ment OF said last appointed referee. unless
The board AMI said lessee or iessces otherwise
agree, ann shall also fix some convenient
place within the State, where said parties
shall be heard, and when assembled at the
time aud place so fixed as aforesaid. shall be
sworn, or affilmr1, well and faithfully to
hear aud examine the matters in contrnver.
sy am to make true anil just report there.
lG, shall Faeeeel to hear and determine The
'u'N' AhS tilll UelUTc llIc ISItTte5, SnalI
be conducted III the same manner a: trial
by ueourt. They shall have the samefpow.
ef to summon and enforce the Attendance Of
witnesses, 10 ad minister all necess lry oatIIs.
and to grant aliournments as court would
have upon such t[illi and lit.shall BE- their
duty to sign any true exceptions taken to
any order or decision by them made in tha
ca.e, and to return the same with their re. .
port. They shall make u 'repottin writing
stating the facts found an tho Conclusions
OF law separately, and their decision thereon
and shall file the same with the clerk OF th-
superior court Of Cincinnati, who shall
lhereupon docket a case upon the general
term docket Of said court, to be entitled "the-
Slate OF Ohio against J7.JJet l,ilkl lessees
Of theaubGc works" ard said court. at It's
first genera term thereafter; shall enter
judgment on such decision, un ess within
ten lays alter tbe fling Of said report, ek.
cepeons thereto shlll be filed With SAIL clerk.
| | exceptions be fled it shall br the duty of
said court al its firtt general term thercaf-
terrte hear said dase, giving preference to
the same over all other cases, atBt the said
cou(l shall bare the same jpfisilietion. OF said
cases as il has OF civil actions commenced
therein. The referees shall be allowed such
compensation Tor their services as the s,il
court shall deem just aud proper. and the
wltneesss shall -bal allowed 10 Witnesses I'm