Year: 1861

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 ex-
ercised by similar officers and agents ap-
pointed by the state, and said lessee or
lessees shall be governed by the rules
and regulations for navigating the canal
and Muskingum Improvement now 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 public works, shall receive all ma
terials provided or contracted for, and
boats, scows, tools, Implements, horses,
mules, and other property now belong
ing to and used by the state on said
public works, at their appraised value,
which appraisement shall be made By
three judicious disinterested persons to
be appointed as follows: one by the les
see or lessees, one by the board of pub
lie 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 ap-
praisers.


SEC 9. Whenever it shall become ne
cessary in order to repair, protect, or re-
construct any part of the public works
of the state, or prevent injury to the
property of any person or persons, or
corporation, oceasioned through Or by
the public works, to appropriate to the
state, the property of any person. or per-
sons, OF corporations, or easement in, to
or over the same, the same shall be done
in accordance with the provisions of the
existing laws, and the compensation as
sessed 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 property thus
appropriated belonged.


Sec. 10. That said lessee or lessees
shall not assign their lease or any inter
est therein without 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 par
ticular as by this act the original lessee
or lesees are now bound, so far as the
same be applicable thereto, but such as
signment shall in no manner diminish
or effect the liability Of the original les
see or lessees or the sureties on their
bond.


Sec. II. Whenever in the opinion of
the lessee or lessees Of any of the water
power on said canals or slack water i'm
provement, the said lessee Or lessees of
the public works do not supply him or
them with the surplus water, as pro-
vided in their water leases, according to
the true intent and meaning Of the same,
the said lessee or lessees Of the water
power, may make complaint in writing
to the board Of public works, who shall
examine into the truth Of said complaint
and if the same be, in their opinionI
we'll founded, the member of said board
in whose division the said water power
is located, shall forthwith notify the les
see Or lessees Of the said public works, Of
the nature Of the injury complained of,
and the said lessee or lessees Of said pub
lie works shall, without any unnecessary
delay, correct the same, and in default
thereof for the injuries sustained by
them, the said lessee or lessees of water
power, may then have and maintain an
action directly against said lessee or les
sees of said public works. their sureties
or their assignees, for the amount of
such damage or injury sustained; and
the said lessee or lessees Of said public
works shall have the same right as the
state now has, when the water leases are
forfeited for non payment Of rent or
other cause, or expire, to re-enter and
lease again with the consent of the
board CT public works, in writing, said
water privileges for such period Of time
not exceeding the unexpired part Of
said ten years time.


SEC. II. II shall be the duty of each
member of the board of public works to
pass over and inspect the division under
his immediate charge, as often as once
evey ninety days, and over the entire
public works once year, and the engi
neer Of such division shall personally
inspect every portion of such division,
as often as once in thirty days, and re-
port to the board from time to time, the
result of sue h examinations.


Sec. IS. That if any member Of the
board of public works Or engineer, shall
directly or Indirectly hold or purchase
any interest in the lease Of said public
works made and executed under the pro
visions of this act, or shall combine Or
collude with any lessee or lessees Of the
same to prevent the faithful execution Of
the provisions herein contained, he shall
be deemed and held guilty Of a misde
meanor, and shall, on conviction, thereof,
be fined in any sum not less than one
thousand dollars nor more than three
thousand dollars, and shall forfeit his
office


SEC. II. If the public works shall be
leased under this act, the Offices of col
lectors, suporintendents, inspectors: lock
tenders, weigh masters, and all other Of
fcers under the appointm ent OF the
board Of public works shall be abolished
from and after the approval Of said bond,
aud no officer shall be retained thereaf
ter under the board Of public works, ex
ccpt three engineers and clerk Of the
board: Provided, that so soon as said
works shall be leased under the prov!5-
ions of this act, and the lcssccs shall
have given notice to the board of public
works Of their readiness to take posses
sion Of said works, the board shal! cause
notice thereof to be given to all super
intcndents, toll collectors, officers and
agents of the state, employed on Or
about said works, who shall nevertheless
continue to discharge the duties of their