Year: 1861

lCTttS WDU buull pC uh CApCtiOhSSN 4 NC


referees shall be citizens of Ohio, and shall, as


soon as practicable, after their appointments


upon a time for meeting, not exceeding ten


days after the appointment Of said last ap-


pointed referee, unless the Board and said lessee


or lessees otherwise agree, and shall also fix


some convenient place within the State, where


said parties shall be heard, and when assembled


at the time and place so fixed as aforesaid, shall


be sworn, or affirmed, well and faithfully to


hear and examine the matters in controversy,


and to make just and true report therein,


shall proceed to hear, examine, and determine


the same. The trial before the referee shall


be conducted In the same manner as trial by


Court. They shall have the same power to


summon and enforce the attendance of witness


es, to administer all necessary oaths, and to


grant adjoumments, as 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


on 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 excep


tions 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 case as it has Of civil
actions commenced therein. The referese
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 referees and returned with their report


SEC. 6. If said lease shall be adjudged to be
forfeited. the said lessee or lessees shall imme-
diately surrender up peaceable possession OF
said Public Works, and Of all property of the
State appertaining thereto, to the Board of Pub


lie 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 refuse to
shall be declared and held forfeited in accord
auce with the provisions of this act, or any prop


erty 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
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 for in section
three of this act, when executed and delivered,
shall for the term aforesaid invest in said lessee
or lessees, such rights, privileges, and fran
chises, 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 right
to appoint superintendents, collectors, inspec-
tors, lock tenders, weigh masters, and such
other officers and agents as may be necessary,
and said superindendents, collectors, and other
officers and agents, shall have and exercise the
same power and authority in the collection OF
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 canals and Mus.
kiDgum 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 Pub.
lie Works shall receive all materials provided
or contracted for, and boats, scows, tools, impe.
ments, horses, mules, and other property now
to and used by the State on said Pub
lie Works, at their appraised value, which ap
praisement shall be made by three judicious,
dsinterested persons, to be appointed as follows:
one by the lessees, one by the Board of Public
Works, and the third by the Governor, and pay
10 the State their appraised value at such times
and in such sums as may be determined upon by
,aid appraisers.


SEC. Q. Whenever it shall become necessary,
n order to repair, protect, or reconstruct any
part of the Public Works of the State, or to
prevent injury to the property of any person or
,ersons, or corporation, occasioned through or
~ the Public Works, to appropriate to the State
she property OF any person or persons, or corpo.
'ation, or any easement in. to or over the same,
,he same shall be done in accordance with the
orovisionsof the existing laws, and the compen
,ation assessed for the property 90 appropriated
shall be paid into the treasury by the lessee or
essees for the use and benefit Of the party to
whom the property thus appropriated belonged.


SEc 10. That said lessee or lessees shall not
lssign their lease or any interest therein with.
tut the assent of the Board of Public Works
thereto, entered in writing on said lease, and
ipon the journal of said Board; and in every
uch assignment, the assignee shall be held to
lave assumed all liabilities to the State of the
,riginal lessee or lessees under this act, and be
governed in every particular as by this act the
,riginal lessee or lessees are now bound, so far
IS the same be applicable thereto, but such as.


gnment shall In no manner diminish or affect
he liability of the original lessee or lessees, or
he sureties on their bond. 1


SEC. IL. Whenever, in the opinion of the
essee or lessees of any Of tho water power on
laid canals or slack water Improvement, the
laid lessee or lessees of the Public Works do
lot supply him or them with the surplus water,
Is provided in their wator leases, according to
he true intent and meaning Of the same, the
'aid lessee or lessees Of the water power may
make complaint in writing to the Board of Pub.
ic Works, who shal allsexamine into the truth Of
'aid complaint; and if The same be, in their
opinion well founded, the member OF said Board
in whose division the said water power Is To-
Gated, shall forthwith notify the lessee or lea.
sees of the said Public Works, of the nature of |
the injury complained Of, and the said lessee or
lessees Of said Public Works shall, without any
delay. correct the same; and in de-
fault thereof for the injuries sustained by them,
the said lessee or lessees Of water power then |
may have and maintain an action directly
against said lessee or lessees 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 Of Public Works, in writing, said
water privileges for such period of time not ex.
ceeding the unexpired part of said ten years
term. rsFb


SEC. ~. It shall be the duty of each mem
L.. ~ ,ha pno,d of pnhl;o Uo.La