M'arthur Democrat. (McArthur, Vinton County, Ohio) 1853-1865, 1859-06-30

lpOlnt a ihlTd referee III conlun on witt
them to hear aud determine said matter in is
sue. The referees shall 90 soon as practica
bic, after their appointment agree upon
time for meeting not exceeding ten days ai
ter the appointment ol said las appointed
referee unless the board and said lessee o
lessees otherwise agree, and shall also IL
some convenient place within the state
where said parties shall be heard, and wher
assembled at the time aud place so fixed a;
aforesaid, said referees shall proceed to hear
adjudge and determine the matters in contro.
versy aforesaid, and sha II make their award
I IN writing and deliver copy Of the same 4
the board Of public works, aud also to the
said lessee or lessees, aud il said referees, Oh
MAORI y of them, shall award that said
charges, or any of them, are true, and that the
same constitute good and sufficient cause
why said lease shall be declared and held as
forfeited, the said lessee or lessees shall i'm.
mediately thereupon surrender up peaCeable
possession Of said section and of all the picp-
erty OF the state appertaining 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 Aforesaid. But in case
said referees, or a majority Of them, shall
award that said charges are not true, or that
being true they do lot constitute a sufficient
cause for declaring said lease forfeited accord
ing to the provisions Of this act, thy shall
determine the costs of the proceedings 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
referee in behalf of said lessee or lessees shall
refuse or neglect to act for the purpose of ap-
pointing the same. Said referee shall have
power to summon aud compel the attendance
Of witnesses, aud shall each receive for their
services The same per diem and mileage as is
now allowed by law TO members of the !e-
gislature. And witnesses in such cases shall
be allowed the same fees as is by law allow
ed to witnesses in civil suits. II any lessee
or leesees, or any employee, unler him or
Them. shall refuse to deliver up any section
declared ani held forfeited in accordance
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 h. at the discretion Of the court; proYi-
ded, that The contracts for new construction
and repairs on any of said sections, now in
force, OF entered into between tbs lime and
The fifteenth day OF August next, shall not in
any case exceed the amount by this act ap-
propriated for said section, AMI the contract
price for the same sha Il be paid by the state.
Sec. A. The leases aforesaid shall be exc
cuted and delivered by said board 20 the les.
see or esseeS, on said board reCivilg from
him or them the securities aforesaid, for the
section or sections of the public works,
struck off as aforesaid to the highest bidder,
and for the rm.a(oresaid, which lease, when
so executed and delivered, shall, for the term
aforesaid, vest in said lessee or essees all the
franchises now owned and possessed by the
State, in regard to said public works, togeth-
er with the right 10 appoint superintendents,
collectors, inspec tors, lock tenders, weigh
masters, and such other officers and agents
as may be necessary; and sait superinten-
dents collectors, and other officers and agents,
shall have and exercise the same power and
authority in the. lection of tolls aud water
rents aud the levying Of tiles as can now by
law be exercised by similar officers and agents
appointed By the State, and said essees Shall
be governed by the rules and regulations for
navigating the canals and Muskingum I'm.
provement now in force, subject to such al.
terations und additions as may hereafter be
establised by law or the board of public
works.
Sec. 5. 1t shall be the duty cf the attorney
general, aud he is hereby required to prepare
a form of bond aud lease in furtherance of
the provisions of this act, TO be used between
the State of Ohio and the less, es of the pub
lie works, and The board of public works
shall have the same printed aud ready for in-
spection on or before the first day of August
next, which form and no other shall be used
in completing and executing Inc contract
entered into by the lessees of the public
works, as provided for ia this act the secu-
rity required by the board Of public works of
the said lessees for the performance Of their
several undertakings, other than that di-
rected and required TO be deposited at the
time Of said bidding, shall consist of the state
stocks Of Ohio, or U. s. stocks, deposited
with the auditor of state, upon which the
said lessee or lessees may receive the inter-
est so long as the covenants OF said lessee
are fulfilled and kept, and to be returned 10
them by order Of said board on the termina-
tfon Of their respective leases, provided no
forfeiture Of the same shall have happened
during tn continuance Of said lease; or good
and sufficient personal or real estate security
to the satisfaction of the board of public
works.; ami the said board Of public works
are hereby authorized, whenever they may
deem it proper, TO require of any person or
party offered for security, statement, under
oath, Of she cash value Of his Or their real
and personal estate above all his OF their
debts and liabilities. Every collector or 9TH
er person appointed by said lesseeS, or any
OF them or their assigns, to receive tolls on
said public works, shall make monthly re.
turns, verified By his oath 10 the auditor Of
state OF the amount received by hm during
the month preceding, aad it shall be the duty
OF said collector, or other such appointee, 10
pay into the state treasury ten per centun o f
all such collections, which shall be retained
in the treasury as indemnity against the TAIL. ,
ure OF such lessee or lessees to perform the
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