Holmes County Republican. [volume] (Millersburg, Holmes County, Ohio) 1856-1865, 1861-07-04


and the conclusions Of law separately and their
decision thereon, and shall file the same VIII
clerk Of the superior court Of Cincinnati. uho
shall thereupon docket cass upon the Reaerzl
term docket Of said court, to Sc entitled sSke
State of Ohio against ,Sks
lessees Of the public work." apd aid cont at
its first general term thereaftes, shall enter
judgment on such decision, unIes within ten
days after the fling Of said report exceptions
thereto shall be fled with said clerk. nex-
ceptions be filed it shall be the duty Of said
court, at its first general term thereafter to hear
said case giving preference to the same over all
other cases. and the said court shall have the
same jurisdiction Of said cases as it has of civil
actions commenced therein. The referees shall
be allowed such compensation for their services
as the said court shall deem Just and proper,
and the witnesses shall be allowed the same
fees as are by law allowed to Witnesses in civil
actions; and such fees shall be taxed by the re-
fcrees and returned with their report.
| Sec g. If said lease shall be adjudged to
be forfeited, the said lessee or lessees shall i'm
mediately surrender up peaceable possession of
said public works, and of all property of the
state appertainipg thereto to the board of pubs
| lie works, and shall also he liable on his 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 forfeited in accordance
with the provisions of this act. (or any proper
| ty of the state appertaining thereto,) 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 fOrfeii-
ure is duly declared, he or they shall. upon
conviction thereof, be fined in any sum not
less than one hundred dollars nor more than
five hundred dollars, or be imprisoned in the
pfv fos1p pof tle
at the discretion of the court.
Sec. Z. The lease provided for in section
three of this act, when executed and delivered,
shall for the term aforesaid vest in said lessee
or lessees such rights, privileges, and franchises
BOW exercised by the state, as may be necessa-
ry to manage, control and keep in repair the
public works, and collect tolls for the naviga-
tion of the same, together with the right to ap-
point superintendents collectors, inspectors,
lock tenders, weigh masters. and such other Of
ticers and agents as may be necessary, and said
superiRtendents, collectors and other officers,
and agents shall have and exercise the same
power and authority in the collection of tolls
and water renls, 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 lessees shall be governed by the rules and
regulations for navigating the canal and Mus
kingum improvement bow in force, subject to
such alterations and additions as may hereafter
be established by law or the board of public
works, not inconsistent with the terms of the
lease herein provided for.
Sec. 8. The said lessee or lessees of the pub
lie works, shall receive all materials provided or
contracted for, and boats, scows, tools. imple-
nents, horses. mules. and other property now
belonging to and used by the state on said pub
lie works, at their appraised value, which ap-
praisement shall be made by three iudicious
disinterested persons to be appointed as follows:
one by the lessee or lessees, one by the board
of public works and the third by the Governor;
and pay to the state their appraised value at such
times and in such sums as may be determined
upon by said appraisers.
Sec. 9. Whenever il shall become necessary
in order to repair, protect, or reconstruct any
part of the public works of the state, or to pre-
vent injury to the property of any person or
by the public works, to appropriate to the state,
the property of any person or persons, or cor
porations or easement in, to or. over the same
the same shall be done in accordance with the
the provisions of the existing laws, and the
compensation assessed for the property SO ap-
propriated shall be paid into the treasury by
the lessee or lessees for the use and benefit of
the party to whom the property thus appropri-
ated belonged.
Sec. TO-. That said lessee or lessees shall not
assign their lease or any interest therein with
out 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 to
have assumed all liabilities to the state of the
original lessee or lessees under this act and be
governed in every particular as by this act the
original lessee or lessees are now bound, SO far
as the same be applicable thereto, but such as
signment shall in no manner diminish or affect
the liability of the original lessee or lessees or
the sureties on their bond.
Sec. IL. Whenever in the opinion of the
lessee or lessees of any of the water power on
said canals or slack water Improvements, the
said lessee or 1essees of the public works do not
supply him or them with the surplus water, as
provided in the water leases according TO the
true intent and meaning of the same, the said
lessee or lessees of the water power, may make
in writing to the board of public
works, who shall examine into the truth Of said
and if the same be, in their opinion. |
we'll founded, the member of said board in |
whose division the said water power is located. |
shall forthwith notify the lessee or lessees of |
the said public works. of the nature of the in
jury complained of, and the said lessee or les
ssees of said public works shall, without any |
delay correct the same. and in de-
ault thereof for the injuries sustained by them,
he said lessee or lessees of water power, NAV
hen have and maintain an action directly |
lganst the lessee or lessees of said public works,
heir sureties or their assignees. for the amount
If such damage or injury sustained; and the
essee or lessees of said public works shall have
he same right as the state now has, when the
water leases are forfeited for nou-payment of
ent or other cause, or expire, to re-enter and
ease again with the consent of the board of
,ublic works, in writing, said water privileges
or such period of time not exceeding the unex-
bred part of said ten years time.
Sec. 12. 1t shall be the duty of each mem-
Der OF the board of public works to pass over
md inspect the division under his immediate
'harge. as often as once every ninety days, and
,ver the entire public works once year;' and
he engineer of such division shall personally
inspect every portion of such division, as often
S once in thirty days, and report to the board
rom time to time, the result Of such examina-
ions.
Sec. 13. That if any member of the board
public works or engineer, shall directly or
hold or purchase any interest in the
'ase OF said public works made and executed
nder the provisions of this act, or shall COM
Inc or collude with any lessee or lessees of the
lme to prevent the faithful execution of the
rovisions herein contained, he shall be deemed
ad held guilty of q misdemeanor, and shall. on
thereof, be fined in any sum not less
IAN one thousand dollars nor more than three
'ousand dollars, and shall forfeit his office.
Sec. IA. If the public works shall be leased
ader this act, the Offices of collectors, su-
inspectors, lock -tenders, weigh.
asters. and all other officers under the appoint.
ent of the board of public works, shall be
'olished from and after the approval of said