The weekly Lancaster gazette. (Lancaster, Ohio) 1860-1863, 1861-07-18


shall have the same power to summon and en-
force the attendance Of witnesses, to admin
lister all necessary oaths and to grant adjourn
ments as a court would have upon such trial;
and it shall be their duty to sign any true ex' !
ceptions 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 con-
illusions OF law separately, and their decisions
thereon, and shall file the same with The clerk
of the superior court OF Cincinnati, who shall
thereupon docket a case upon the general term
docket OF said court, TO be entitled "the state
OF Ohio against the lessees Of
the public works." and said court, at its first
general term thereafter, shall enter Judgment
on such decision, unless within ten days after
the filing Of said report, exceptions thereto shall
be filed with said clerk. II exceptions be filed
it shall be the duty Of said court, at its first
general term thereafter, to hear said case, Civ
ing preference to the same over all other ca
ses, and the said court shall have the same ju
risdction 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 propak
and the witnesses shall be allowed the same
fees as are by law allowed TO witnesses in civ
il actions; and such fees shall be taxed by the
referees and returned with their report.
SEC. 6. 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 appertsining thereto to the board of
pubic works, and shall also be liable on his
or their bonds and if any lessee or iesSees; 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 accor'
dance with the provisions of this act, (or any
property OF the state appertaning thereto,) OF
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 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 county Jail not exceeding six months, or
both, at the discretion of the court.
SEc.7 The lease provided Tor in section
three OF this act, when executed and deliver
ed, shall for the term aforesaid vest in said
lessee or lessees such rights, privileges, and
franchises now exercised by the state, as may
be necessary to manage, control, and keep in
re pair the public works, and collect tolls for
the navigation of the same, together with the
inspectors, lock tenders, weigh masters, and
such other officers and agents as may be me-
cessary, and supesintendents, collectors and
other officers, and agents shall have anG exer-
else the same power and authority in the COL
lection OF tolls and water rents, and the levy
Of fines as can now, by law, be execlSed by
similar officers and agents appointed by the
state and said lessee or lesSeeS shall be gov
erned by the rules and regulations for naviga'
ting the canals and Mustingum improvements
now in force, subject to such alterations and
additions as may hereafter be established by
law or the board OF public works, not incon>
sistent with the terms of the lease herein pro.
! vded for
SEC. 8. The said lessee OF lesSees Of the
= public works, shall receive all materials pro-
vded or contracted for, and boats, scows
tools, implements, horses, mules. and Olhel
property, now belonging to and used By the
state, on SAID public works, at their appraised
value, which appraisement shall be made By
7 three indiciouS disntereSted persons TO be ap
pointed as follows: one by the lessee or les
sees, one by the bostd of public Works ant
the third by the governor; and pay to the state
their appraised value at such times and il
such sums as may be determined upon by salt
appraisers.
OEC. ". w IL ohdll bCCOHIO hCbSo
sary in. opder to repair, protect, or reconstruc
9 any part Of the public works Of the state, or L
II prevent injury to the properly of any person o
l. persons, or corporation, occasioned through o
D By the public works, 10 appropriate to the stat
d the property Of any person or persons, or col
= poration, or easement in, TO or over the SAINT
/ the same shall be done in accordance with tn
|, provisions of the existing laws, and the CON
I'd pensotion assessed for the property so apprC
's priated shall be paid into the teasury by tn
ID lessee or lesSees for the use anc benefit ofth
le party TO whom the property thus appropriate
N belonged.
ID SEC. 10. That said lessee or lessees sho
III not assign their lease or any interest therein
a without the assent of the board Of publ
IN works thereto, entered in writing on said lea:
'e and upon The journal of said board, and in ev,
rs ny such assignment the assignee shall be he
nj to have assumed all liabilities 10 the state
l. the original lessee or leSsees under this ac
and be governed in every particular as by tn
~ act the original lessee or lessees are now bour
is so far as the same be applicable thereto, b.
re such assignment shall in no manner dirhini'
IT or affect the liability OF the original lessee
Is lessees or the sureties or their bond.
III SEC. II. Whenever in the opinion Of Il
20 lessee or lessees Of any OF the water power {
- Snlu ClnhlS UT SldCk WdNtI Improvement, u
he said lessee or leSSees Of the public works
le not supply him or them with the surplus W
eS te;, as provided in their water leases accOr
$, ing to the tue intent and meaning Of the san
ID the said lessee or leSSees of OfthewateIpo went
4" make complaintinwrtlng TO the boardof publ
IN works, who shall examine into the truth Of sa
or complaint and if thesame be, in their opnio
ic wei founded the member of said board inwho
at division the said water power is located, sha
nd forthwith notify the lessee or leSSees OF Il
i'd said public ks, of the nature of the inju
n, complained ol,and the said lessee as leSSeeS
&c said public works shall without any unnece
IN sary delay, correct the same, and in detOr
" thereof fog the in jurles sustained by them,t
u soid lessee or lesSees Of water power, m
nd then have and MAINTAIN an eGllon direct
dy against said lessee or lessees OF said puo
ot works, their suretieS or their assignees, Tor I
nd amount Of such damage or injury sustalne
ry and said lessee or lessees OF said public wor
he shall have the same right as the state now
OF when the water leases are forfeited for no
liu payment of rent or other cause, or expire,
od re>enter and lease again with the consent
up the board OF public works, in writing, said
ne ter privileges for such period OF time not e
II, ceedng the uneSpired part Of said ten yet
all time.
're SEC, 10. 1t shall be the duty Of each me-
ID; Der Of the board Of public works to pass oN
me and inspect the division under his immediG
a charge as often as once every ninety-days, a
EN- over the entire public works once a year; a
he the engineer of such division shall persona
er> inspect every portion ofsuch division, as oft
~ as once in thirty days. and report to the bot
IN from time to time, the result Of such examir
OF ton.
Ills SEC. 10. That if.any member Of the boz
'ed of public works or engineer, shall directly
ing indirectly hold or purchase any interest in
op- lease Of said public works made and execuI
under the provisions of this act or shall co
not bine or collude with any lessee or leSsees
ase the same TO prevent the faithful execution
ase the provisions herein contained, he shall