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after any public road or highway; such engineer or acting canal commissioner shall be authorized to make such discontinuance or alteration: and upon his drawing up a plat, with a true description, in writing and figures, of all such parts of any public road or highway, as he may discontinue or new lay, on the account aforesaid, and filing the same in the office of the county auditor of the county in which such discontinuance and alteration may be situated, the same shall be lawful; and the new laid road, as described in said plat, shall be deemed a public highway, of the same width that such road so discontinued or altered was, and shall be entered on the record of roa is, by the county auditor, as such; Provided, however, That the canal commissioners shall, before they obstruct the passage Proviso as to
ī opening new on any part of a highway, now legally established, open and road by canal reasonably work in order to render it passable, such part of commissioners said highway as may be new laid by such engineer or acting canal commissioner, as aforesaid; and the certificate of said engineer, or acting canal commissioner, in writing, that the part of any highway, new laid as aforesaid, is opened and reasonably worked as aforesaid, by said canal commissioner, shall be sufficient for their justification: and that every alteration, heretofore made by any engineer or acting canal commissioner, in any public road or highway, on either of the said canals, shall, from the time of such alteration, be deemed lawful to all intents and purposes. Sec. 9. That in all cases when a new road or public high
New roads crossed way is laid out by legal authority, in such direction as to cross ing the line of the line of any canal or navigable feeder, authorized by the canal, to be laws of this State, after the line of such canal or feeder is per- orlag manently located and established, and in such manner as to require the erection of a new bridge over such canal or feed-er, for the accommodation of said road; such bridge shall be constructed and forever maintained at the expense of the county in which such bridge is situated: Provided, however, That no bridge shall be constructed across either of said canals Proviso as te for
gineer furush or navigable feeders, without first obtaining for the model and ing the model af location thereof, the consent, in writing, of one of the acting the bridge canal commissioners, or the principal engineer of the canal to be intersected by said road: and if any person or persons shall undertake to construct or locate said bridge, without such con- Further prodilo sent, and shall proceed therein so far as to place any materials for that purpose on either bank of the canal, or on the bottom thereof, he or they shall be subject to a penalty of fifty dollars for such undertaking; and either of said commissioners or engineers shall be authorized to remove all such materials so soon as they are discovered, wholly without the banks of the canal.
Sec. 10. That for all damages done to either of the said Manner of an canals, or any work connected therewith, either of the acting ceeding againt
-6 persons injuring commissioners, or resident engineer, shall be authorized to sue the canais
the offender or offenders, in the name of the State of Ohio, in any court of competent jurisdiction: and if a verdict or judgment shall be given against any person or persons for such damages, the plaintiff shall recover the same, with full costs of suit: and in ali cases in which suits are brought, it shall be the duty of the canal commissioners to have accurate accounts kept of the amount of recoveries, and of costs and expenses; and after deducting the said costs and expenses from said amount, to pay the residue of said recoveries over to the State treasurer, subject to the order of the commissioners of the canal fund.
Sec. 11. That all penalties and forfeitures created by this Bines, etc., to be act, the recovery of which is not otherwise herein provided
for, may be sued for and recovered before any justice of the State treasury
peace in any county where such penalty or forfeiture shall accrue, in the name of the State of Ohio, by either of the canal commissioners, resident engineers, or any collector of toll, duly appointed by said commissioners; and the amount of such penalties and forfeitures, when recovered, shall be paid over to the treasurer of State, subject to the order of the commission: ers of the canal fund.
Sec. 12. That it shall be the duty of either of the acting
mie canal commissioners, on application being made to him for the sioners, on ap. assessment of damages for any lands, waters, streams or mateplication, to ap rials, deemed necessary, taken and appropriated for the prosepoint appraisers of damages, and cution of the improvements intended and authorized by virtue 29 pay the same of the act, entitled “An act to provide for the internal im
provement of the State of Ohio by navigable canals,” to appoint appraisers for the assessment of such damages, and to pay the same agreeably to the provisions of the eighth section of said act; any thing therein to the contrary notwithstanding.
WM. W. IRVIN, Speaker of the House of Representatives.
Speaker of the Senate.. January 31, 1826.
manner of recov
Sec. 1. Be it enacted by the General Assembly of the State of
oy Ollic, That for all damages done to either of the canals conering damages structing under the authority of this State, the offender or of
fenders shall be proceeded against by indictment in the proper courts: and on complaint being made to any judge or justice of the peace of the proper county, against any person or persons doing any such damage as is mentioned in the first second, third and fourth sections of the act to which this is an amendment, it shall be the duty of such judge or justice forth
drawing off water, fc.
Canal Commis commissioners, any water may be spared from any State canal, siuners may sell or works connected therewith, without injury to the naviga surplus water
tion or safety of such canal, the board may order a sale of such surplus water, for a term of years, in their discretion, to the person who shall bid the highest annual rent therefor: Providet, The same shall not in any wise interfere with the rights of individuals.
Sec. 6. That the collectors of tolls on the canals shall be, Collectors of tol and they are hereby authorized, to administer oaths in all cases may administer wberein oaths may be required to he administered, in perform
ing the daties required of them in their offices.
. Sec. 7. That any acting commissioner, engineer, or superPowers of com.intendent, duly appointed, shall have full power and authority, missioners in at any time, to cause the water to be drawn off, either wholly
on we or partially, from any level or levels of either of the canals,
which may be under the charge of such acting commissioner, engineer or superintendent; and to cause the water to remain wholly or partially drawn off during such time as he may deem necessary, for the purpose of repairing or preventing any breach or breaches, or removing any bar or other obstruction to navigation; or for the purpose of making, repairing or im. proving any work or device, or part of any work or device, appertaining to, or connected with any such part of the canals: and for the purpose of so drawing off the water, or causing the same to remain drawn off, as asoresaid, to open or to close any lock gate, culvert gate, paddle gate, feeder gate, or waste gate; or to cut or make an opening, gap, or aperture, in any bank, and to cause the said gates or apertures to remain open or shut, as aforesaid, so long as the same shall, in the opinion of such person), be necessary for any of the aforesaid purposes
Provided, however, That every engineer or superintendent shall, Proviso
in the exercise of the authority hereby granted, be subject to the orders and instructions of the acting commissioner, or any engineer of superior grade, having charge of the part of the canal affected, or liable to be affected, by the exercise of said authority.
Sec. 8. That if any person, except a commissioner, engine Penalty on indieer, or superintendent, shall, under any pretence, or for any viduals for open. purpose whatever, open any gate which shall have been shut, &c. without or shut any gate which shall have been opened, as specified in
the preceding section, without the express direction of the acting commissioner, engineer or superintendent, who shall at that time have charge of that part of the canal; or shall in any way interfere in raising or drawing down the water on any level of either of the canals, contrary to the directions or orders of the acting commissioner, engineer, superintendent or lock tender, having charge of any lock, or part of the canal liable to be affected by such interference; every person so offending shall, for every such offence, forfeit and pay the sum of twen. ty-five dollars, and moreover be liable for all damages contes
inne or shutting
for payment of penalties
quent upon any such opening or shutting of any gate, or interference.
Sec. 9. That the captain or master, and the owner of any Captain boat or other float, on either of the canals authorized to be made or noat, liante in this State, and likewise the boat or float itselt, shall severaliya be liable to the payment of any penalty, forfeiture, and likewise to all damages, which may accrue in consequence of the violation of any of the provisions of any law of the State, or any order of the board of canal commissioners, doly made and published, relating to the canals, the navigation thereof, or the collection of tolls thereon, by any person navigating any such boat, or assisting in the navigation or management thereof, at the time of such violation; and any such boat or other float may, at the discretion of either acting commissioner, or any collector of toll, be prevented from navigating either of said canals until such penalty, forfeiture and damages, and costs accrued in prosecuting therefor, shall be fully paid.
Sec. 10. That all laws and parts of laws, inconsistent with the Repealing clause provisions of this act, be, and the same are hereby repealed,
Speaker of the Senate.
Sec. 1. Be it enacted by the General Assembly of the State of Ohio, That no person or persons shall draw water from either No person per of the canals of this State, for the use of mills or machinery of m
of mille ar moebinary omitted to use wa any kind, nor for any purpose whatever: nor shall any person nals without pur or persons use any water power which shall have been created chasing the same
from the canal by the construction of any dam or feeder, made for the purpose commissionera of supplying with water either of said capals, or for the purpose of improving the navigation of any river or stream: por sball any person use for any hydraulic purpose, any water conducted round any lock, on either of said canals, or in any manner obstruct or interfere with the water, in its passage . round any lock; unless such person or persons shall, in each case, bave purchased from the canal commissioners, the right to use such water or bydraulic power; and unless such person shall, moreover, comply with all the conditions which shall have been attached to the use of such water, in such purchase.
Sec. 2. That every person who shall offend against any of Penalty for so do the provisions of the preceding section, shall, for every such ing offence, forseit and pay the sum of one hundred dollars; to be recovered for the use of the canal fund, by indictment before Hav rasvar