Year: 1861

STRUCTURE OF SAID works, or other casualty,
or on account of scarcity of water pro
duced by drought, keep the same in
good and proper condition and repair,
tor prompt, speedy, and successful nav
lgatlon by all boats not drawing more
than three feet of water, and shall, from
time to time, make all necessary and
proper repairs and reconstructions as the
board may require, and under the di-
rection of the board, or an engineer ap-
pointed by said board, so as to keep said
public works in good and proper condi-
ton of repair, and deliver up said pub
lie works to the State of Ohio at the ter
mination Of said lease in like good con-
dition: but no change of plan or mate
rials shall be required which shall make
the works more expensive than the old
plan or materials used; and all such re-
pairs shall be made at the time deter
mined upon by said board, and after a
reasonable notice Of the same shall be
given by the board to said lessee or
lessees; and the lessee or lessees 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 fayor of
any person or company. And the rates
Of toll charged on the canals shall in no
case exceed those adopted by said board
in their tollsheet of 1853, nor on said
road the rate adopted by said board in
1859.


Sec. 5. If said lessee or lessees shall
not fulfill all the covenants contained in
said lease by him or them to be
performed, the said lease may be for
feited at the option of the board of pub
lie works; in case said boarl shall de-
clare said lease forfeited as aforesaid,
they shall cause an entry to that effect
to be made upon the journal Of their
proceedings, and shall Immediately no
tify, in writing, the lessee or lessees Of
their action, and shall also in said no.
tice separately and distinctly specify the
grounds upon which such forfeiture is
declared, and in all such cases the ac
ton of said board shall be final, unless
within ten days after the service of said
notice, the said lessee or lessees shall file
in the office of said board, his or their
written protest denying or otherwise
taking issue upon the charges SO made
| by the said board in whole or in part,
and the name of a referee, whereupon
the board shall appoint a second referee
and shall notify the governor Of said
protest, who shall thereupon appoint a
third referee, who shall be an expert
enced lawyer The referees shall be
! citizens Of Ohio, and shall as soon as
practicable, after their appointments,
agree upon time for meeting, not ex-
ceeding ten days after the appointment
Of said last appointed referee, unless the
board and said lessee or lessecs otherwise
! agree, and shall also fix some convent
ent place within the States, where said
parties shall be heard, and when assem-
bled at the time and place SO fixed as
aforesaid, shall be sworn, or affirmed,
we'll and faithfully to hear and examine
the matters in controversy and to make
4 true and just report therein, shall pro
| ceed to hear, examine, and determine
the same. The trial before the referees,
i shall be conducted in the same manner
as trial by a court. They shall have
the same power to summon and enforce
the attendance Of witnesses, to adminis-
ter all necessary oaths, and to grant ad-
| tournaments as a court would have upon
| such trial; and it shall be their duty to
sign any true exceptions taken to any
order or decision by them made in the
case, and to return the same with their
report. They shall make a report in
writing stating the facts found and the
conclusions of law separately, and their
decision thereon, and shall file the same
with the clerk Of the superior court Of
Cincinnati, who shall thereupon docket
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
within ten days after the filing of said
report, exceptions thereto shall be filed
with said clerk. If exceptions 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 commend
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 al
lowed the same fees as are by law al
lowed witnesses in civil actious; and such
fees shall be taxed by the referees and
returned with hd report.


SEC. 6. If said lease shall be adjudged
to be forfeited, the said lessee or lessees
shall Immediately surrender up peacea-
BILE possession of said public works, and
of all property Of the state appertaining
thereto to the board of public works,
and shall also be liable on his or their
bond; and if any lessee or lessees, or any
employee, under him or them, shall re-


fuse to deliver up the public works
when said lease shall be declared or
held forfeited in accordance with the
provisions of this act, Cor any property
Of the state .arpertaining thereto,) or
shall resist any momber OF the board OF
public works, or other officer employed
under said board, in the execution Of
his duty, after said forfeiture is duly de-
clared, he or they shall, upon eonvic-
ton thereof, be fined iii any sum not
less than one hundred dollars nor more
than five hundred dollars or be impris-
oned in the county Jail not exceeding
SIX months, or both, at the discretion OF
the court.


Sec. 7, The lease provided fer in sec
ton three Of this act, when executed
aud delivered, shall for the term afore-
said vest in said lessee or lessees such
rights, privileges, and franchises now
exercised by the state, as may be neces-