The spirit of democracy. [volume] (Woodsfield, Ohio) 1844-1994, 1859-08-03

referees, or a majority of them, shall
award that said charges, or any of them,
are true, and that the same constitute q
good and sufficient cause why said lease
shall be declared and held as forfeited, the
said lessee or lessees shall Immediately
thereupon surrender up peaceable posses
sion of said section and of all the proper
ty of the state ap2ertaining thereto to
the member of said board having charge
of said section, and shall also be liable
to the state on his or their bond sfore.
said. But in case said referees, or ma
jority of them, shall award that said
charges are not true, or that being true
they do not constisute q sufficient cause
for declaring said lease forfeited accord
ing to the provisions of this act. they
shall determine the costs of the proceed
ings in said case, and the same shall
be retained by said lessee or lessees, from
the next succeeding payment made by
him or them to the state. Said referees
shall be citizens of the State of Ohio, and
freeholders therein; and the third referee
herein provided for, shall be appointed by
the board of public works, in case the ref
cree in behalf of said lessee or lessees
shall refuse or neglect to act for the pur
pose of appointing the same. Said ref.
erees shall have power to summon and
compel the attendance of Witnesses and
shall each receive for their services the
same per diem and mileage as is now al
lowed by law to members of the legisla-
ture. And witnesses in such cases shall
be allowed the same fees as is by law al
lowed to witnesses in civil suits. If any
lessee or lessees, or any employee. under
him or them, shall refuse to deliver up any
section declared and held forfeited in &C.
cordance with the provisions of this act,
or any property os the state appertaining
thereto, or shall resist any member of the
board of public works, or other officer
employed under said board, in the execu-
tion of his duty, after said forfeiture is
duly declared be or they shall, upon con.
viction thereof, be fined in any sum not
less than one hundred dollars nor more
than five hundred dollars, or be imprison.
ed in the county jail not exceeding six
months, or both, at the discretion of the
court: provided, that the contracts for
new construction and repairs on any ol
said sections, now in force, or entered into
between this time and the fifteenth day oi
August next, shall not in any case exceed
the amount by this act appropriated fol
said section, and the contract price fol
the ne shall be paid by the state.
Sec. 4. The leases aforesaid shall bt
executed and delived by said board to tn,
lessee or lessees on said bond, receiving
from him or them the securities aforesaid
for the section or sections of the public
works, struck off as aforesaid to the high
est bidder, and for the term aforesaid
which lease, when so executed and deliv
; cred, shall, for the term aforesaid, vest il
said lessee or lessees all the franchise,
now owned and possessed by the State, il
regard to said public works, together
with the right to appoint superintendent
collectors, inspectors, lock tenders, weigh
!. masters. and such other officers an(
agents as may be necessary; and said so
perintendents, collectors, anc other off
GERS and agents, shall have and exercis
the same power and authority in the col
lection of tolls and water rents and tn
levying of fines as can now by law be ex
ercised by similar officers and agents ap
pointed by the State, and said lessees shal
be governed by the rules and regulation
for navigating the canals and Muskin gun
Improvements now in force, subject t.
such alterations and additions as ma
hereafter be established by law or th
: board of public works.
Sec 5. 1t shall be the duty of tn
attorney general, and he is hereby requir
ed to prepare form of bond and leas
in furtherance of the provisions of thi
act, to be used between the State of Obi
and the lessees of the public works, an
!. the board Of public works shall have tn
same printed and ready for inspection o
or before the first day of August mex
which form and no other shall be used j
completing and executing the contrac
catered into by the lessess of public works
as provided for in this act, the securit
required by the board of public works {
the said lessees for the performance {
their several undertakings, other tina
that directed and required to be deposite
at the time of said bidding, shall consis
of the state stocks of Ohio, or q. S
stocks, deposited with the auditor of state
upon which the said lessee or lessee
may receive the interest so long as th
covenants of said lessee are fulfilled an
kept, and to be returned to them b
order of said board on the termination {
their respective leases, provided no fol
feiture of the same shall have hsppene
during the continuance of said lease: @
good and sufficient personal or real estat
, security to the satisfaction of the boar
: of public works; and the said board {
public works are hereby authorized, wher
! ever they may deem it proper, to requir
, of any person or party offered for secur
ty, q statement, under oath, of the cas-
value of his or their real and persons