duties of SEC. 2. The said board of commissioners, upon being ap. Powers and pointed, and executing to the acceptance of the governor a bond to the state of Ohio in the sum of ten thousand dollars, conditioned to the faithful discharge of their duties and disbursement of the money to them entrusted, is and shall be authorized and required to give at least thirty days' notice, in some newspaper having general circulation, of the work to be done, and shall let the same to the lowest responsible bidder, and at the earliest practicable time to cause the excava tion and removal of the rock and other obstructions of the Maumee river in the slack-water at Providence, Lucas county, on the northern division of the Miami and Erie canal, to a depth sufficient to pass boats at all times drawing three feet of water, and excavate a channel not less than forty feet in width, and extending up the river from the entrance or head of the canal, above lock number nine, as far as said rock and other obstructions exist, not exceeding one-half mile. Said channel to be excavated as near to the towing path as prac ticable; and the rock taken from said channel shall be sold to the best advantage by the said commissioners, and the proceeds applied to the payment of the expense incurred in removing said rock and other obstructions. SEC. 3. In the discharge of the duties devolved upon said commissioners by this act, they shall be governed, as far as the same are applicable, by the provisions of an act con. ferring certain powers on and prescribing certain duties of the board of public works, passed April 4, 1859, and they may also, if for any cause deemed expedient or necessary, employ a competent engineer to superintend the work herein described, at a rate of compensation not exceeding that of the regular engineer employed by the board of public works. SEC. 4. To carry into effect the provisions of this act, there is hereby appropriated from the general revenue fund, to be expended under and upon the warrant of the said board of commissioners, a sum not exceeding seven thousand dol lars, the same to be refunded to the general revenue from the proceeds of the public works as rapidly as the same may become available for that purpose. Rules of government of commission ers. Appropriation. Commissioners vested with power of board of public works. SEC. 5. The said board of commissioners shall, in the prosecution of said work, be clothed with all the powers and authority to do and procure to be done all things authorized by the said act referred to in section three of this act, which the board of public works might do or procure to be done if charged and clothed by this act with the duties and powers herein devolved on the said board of commissioners. SEC. 6. The board of commissioners shall not be allowed to charge nor shall they receive any compensation for their services. services. SEC. 7. This act shall take effect and be in force from and after its passage. N. H. VAN VORHES, Speaker of the House of Representatives. JACOB MUELLER, No compensation for Passed Feb. 21, 1873. 20-LAWS. President of the Senate. Authority to sell and transfer a portion of Hocking canal. Consent of lessees requisite. Responsibility of purchasers. Governor to execute grant, &c. AN ACT To authorize the vacation and sale of a portion of the SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That the board of public works be and they are hereby authorized and empowered to sell and transfer, upon such terms as they may deem best for the interests of the state, that part of the Hocking canal extending from its terminus in the town of Athens to the Hocking river, to such party or parties as shall make application therefor for the purpose of filling up, using and occupying the same for a road way or other like public purposes. SEC. 2. That before such transfer is made, the written consent thereto of the lessees of the public works shall be filed with said board, but such transfer shall not release said lessees from any of their duties, responsibilities or liabilities, under their contract for the lease of the public works, except so far as relates to the canal so transferred, as to which such transfer shall operate as a full release to said les sees from further responsibility or liability. SEC. 3. That the purchaser or purchasers of said canal, shall be responsible for any and all claims or damages that may occur by reason of the transfer, vacation and use of said canal for the purposes aforesaid, and shall also agree to remove the state dam near the mouth of said canal, so as to do away with the slack-water in said Hocking river, at that place, and shall deposit with the board of public works a good and sufficient bond in the penal sum of $50,000, indemnifying the state from all such claims and damages, and for the fulfillment of their said agreement to remove said dam; whereupon the governor shall execute and deliver to said purchaser or purchasers, a grant for said canal for the purposes aforesaid, and all persons except said lessees suffering any injury or loss by reason of such sale and transfer and filling up of said canal, for which they would have a right to recover against the state, did the right to sue the state exist, shall have a right of action on said bond on account of such loss or injury against said transferee or transferees and sureties. SEC. 4. This act to take effect from and after its passage. Speaker pro tem. of the House of Representatives. Passed March 6, 1873. LOCAL AND SPECIAL ACTS. AN ACT To provide for locating, establishing and constructing Ditches and Drains, above, through and below the Scioto Marsh, in Hardin county. SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That the county commissioners of Hardin county shall have power, at any regular or called session, whenever, in their opinion, the same is demanded by, or will be conducive to the public health, convenience or welfare, upon petition therefor, signed by five or more persons owning lands in or adjacent to said marsh, to cause to be located, established and constructed, as hereinafter provided, such main and lateral ditches and drains in and through and above and below said Scioto marsh, and to deepen, straighten and clean out the channel of the Scioto river, above, through and below said marsh, so as to effect the thorough drainage thereof. SEC. 2. That upon the filing of the petition, mentioned in the first section of this act, with the auditor of said county, said auditor shall notify the county commissioners of the filing of the same, and said commissioners shall, within ten days after receiving said notice, meet at the auditor's office, and fix a time and place for the hearing of such petition. And thereupon the said auditor shall cause a notice of the time and place so fixed by the commissioners to be published in one or more newspapers published in and of general circulation in said county, for four consecutive weeks. SEC. 3. Said county commissioners shall meet at the time and place so fixed for the hearing of said petition; and if it shall appear to them, upon the hearing of said petition, that the drainage of said marsh will conduce to the public health, convenience and welfare, and that the same is practicable, they shall direct the county surveyer, or in case of a va cancy in the office of county surveyor, they shall appoint some competent surveyor and engineer to make a survey and level of said marsh, and of said Scioto river, above, through and below said marsh. SEC. 4. That it shall be the duty of said surveyor and engineer, upon receiving such direction or appointment, within such time as said commissioners may direct, to take to his aid the necessary assistants, and proceed to make an accurate survey and level of said marsh, and of so much of said river as may be necessary above and below said marsh, and locate through, above and below said marsh, such main and lateral ditches, on such routes and of such dimensions as, in his opinion, will be sufficient to effect the thorough drainage of said marsh. And it shall be the duty of such surveyor and engineer, upon the completion of such survey and level, to make and return a report, plat, profile and specifications of the same to the auditor of said county; and said surveyor shall set forth in his said return definite descriptions of the routes, their availability and necessity, with a description of each tract of land through or in the vicinity of which such ditches and drains may be located, how it will be affected by said ditches, or any of them, the distance on each land owner, the approximate quantity of land, in acres, which will be benefited by such drainage, the length, width and depth of each, and all of such main and lateral ditches, so surveyed and located by him, the number of cubic yards of excavation in each and all of such ditches, fix a grade line, specify the manner in which said work should be done. And said surveyor shall also include in his return an accurate survey, level and profile of so much of the channel, and the lands binding thereon, of said Scioto river, above and below said marsh, as it may be necessary to deepen, widen or straighten, together with a plan, profile and specifications, showing the kind and quantity of work to be done, and the manner of doing the same, to effect the complete drainage of said marsh, and also such other facts and suggestions as he may deem material. SEC. 5. It shall be the duty of said county auditor, upon the filing of said report, survey, plats and specifications, to cause notice thereof to be published in a newspaper, published in and of general circulation in said county, for four consecutive weeks, which notice shall state the time and place when and where the said county commissioners will meet to examine and consider said report, survey, plats and specifications. And it shall be the duty of said commissioners to meet at the time and place mentioned in said notice (with power to adjourn from time to time), and proceed to hear and consider said report, plats, profile, plans and specifications so made and filed by said surveyor and engineer. And said commissioners shall, at the same time, hear any and all persons, owning land in or adjacent to said marsh, or which will be in any manner affected by such drainage, in person or by attorney, for and against the establishment of any or all of such ditches and drains so located by said surveyor and engineer. And said commissioners shall have power, after such hearing (and view of the premises, if they shall deem the same necessary), to establish said ditches and drains, so reported by said surveyor and engineer, or any part of them, if, in their opinion, the same is practicable, and will conduce to the public health, convenience and welfare. And said board of commissioners, with the advice and consent of the surveyor and engineer, shall have power to change the location and dimensions of such ditches, or any of them, at any time they may deem such change necessary. And if said commissioners shall establish said ditches and drains, or any portion of them, they shall, with the assistance of the said surveyor, proceed to divide said work into suitable sections or divisions, of not less than one-fourth of a mile in length, numbering such sections progressively up stream, marking the boundaries thereof, specifying particularly the kind and quantity of work to be done on each section, and the time within which the same shall be performed. And if any application or applications for lands appropriated or damages claimed, shall have been filed with the auditor, as hereinafter provided, then the commissioners shall hear such applications, and if the said applicant or applicants and the said commissioners shall fail to agree as to the amount to be paid said applicant or applicants for lands appropriated or damages sustained by the construction of said ditches or drains, then it shall be the duty of the auditor to deliver to the probate judge of said county a certified copy of such application, together with a description of the property sought to be appropriated or injured, as shown by the return of said surveyor and engineer; and the probate judge shall forthwith docket the same, styling the applicants plaintiffs and the county commissioners defendants; and thereupon such proceedings shall be had in said probate court to determine the amount of compensation and damages, if any, to be paid to such applicant or applicants as are authorized and required by the act entitled "An act to provide for compensation and damages to the owner or owners of private property appropriated to the use of corporatious, or the good and welfare of the public," passed April 30, 1852, and the acts amendatory thereof and supplementary thereto; Provided, that if such applicant or applicants shall fail in such proceedings to establish bis, her or their right to recover a greater amount of compensation or damages than was offered to such applicant or applicants by said county commissiouers, then such applicant or applicants shall pay all fees and costs incident to such proceedings, and the probate judge shall have power to render judg ment and to issue execution therefor. Upon conclusion of such proceedings in the probate court, it shall be the duty of the probate judge to certify to the auditor the amount of compensation and damages, if any, found in favor of such applicant or applicants, and the said auditor shall issue his order on the county treasurer to the applicant or applicants for the amount so found for them respectively, which order shall be paid by the said treasurer out of the county funds. SEC. 6. Any person or persons claiming compensation for lands appropriated, or damages sustained by the location and construction of said ditches or drains, or any of them, or by the widening, deepening or straightening of the channel of said river under the provisions of this act, shall make application in writing therefor to the said county commissioners, and file the same with the county auditor on or before the day set for the hearing of the report of said surveyor and engineer, and on failure to file such application, shall be deemed and held to have waived all right to such compensation and damages: Provided, that the filing of such application shall not operate to hinder the progress of other portions of such work not directly affecting the pro erty or rights of such claimants. SEC. 7. That upon the establishment of such ditches and drains (or the deepening, widening or straightening of the channel of said Scioto river), or any portion thereof by said county commissioners, the county auditor shall cause public notice to be given of the time and place of letting such work, and the time fixed by the commissioners for the comple tion of each section or portion thereof, by publication in some newspaper or newspapers of general circulation in said county; and said notice shall refer to the plans and specifications on file in the auditor's office for a description of the kind and quantity of such work. And at the time and place specified in such notice, said auditor shall let the work on said several sections at public outery, separately, to the lowest responsible bidder therefor; and said auditor shall at the time and in like manner offer the whole of said work to the lowest responsible bidder therefor, and said auditor shall, at the same time, and in like manner, offer the whole of said work to the lowest responsible bidder therefor; and thereupon said commissioners may award the contract for the performance of said work to the lowest bidder or bidders for said sections separately, or they may award the same to the lowest bidder or bidders for the whole thereof, as in their judgment they may deem most advantageous: Provided, that the said commissioners shall have the right, if in their opinion the bids are too high, to reject any or all of them; and provided further, that if for any cause said work or any portion thereof shall not be let at said time, then |