American Lancaster gazette. [volume] (Lancaster, Ohio) 1855-1860, 1859-04-21


issue upon the charges 50 made by said board
in whole OF in part And upon filing Of said
protest, the board OF majority thOFeof shall
appOint referee ia behalf OF he slate; and
saio lessee oTleSsees shall also appoint refer
ee on his OF their behalf. aud the two referees
50 appointed shall nominate and appoint third
referee in conjunction with them 10 hear and
determine said matter in issue. The referees
shall as soon as practicable, alter their ap-
poin,ment agree upon time for meeting
not exceeding ten days after the appointment
or said last appointed leferee unless the bosrd
and saiAlessee orjessees OtheTwise agTee, aud
shall also fix some convenient place within
the state, where said LaTties shall be hesrd.
and when tssembled at the time and place So
ixed IS Aforesaid, said referees shall proceed
10 hear, adjhdee aud de.elmihe the matters in
aforesaid. and shall make theif
awafd in writing and deliver cory Of the
same 10 the board Of public works, snd also 10
the said lessee or lesseeS, and il said referees,
or q msjofity Of them, shall award that said
ehaTges, or any Of thew, are true, and that the
same constitute good and sufficient cause
why said lease shall be declared and held as
tufieiteus the said lessee 0r iessees shall mn
medialely thereupon surrender up peaeenble
POSSESSION Of said section and Of all the prop
etty of the state sppertaining thereto 10 the
section, and shall also be liable to the state
on his OF their bond aforesaid. But in case
sad referees, OF a majority Of them, shall
ward that said charges are not true, or that
being irpe they do not constitute sufficient
cause for declaring said lease forfeited accoT-
ding 10 the pf0visionsOf this act, they shall
determine the costs Of the proceedings ii said
case, and the. same shall be retained by said
lessee OF lessees, from the next succeeding
payment made by him or them 10 the slate
Said referees shall be citizens Of the stste Of
Ohio, and fEeeholders therein; end The third
referee herein provided Cor. shall be sppoinied
hy the board OF public works, in cBseS the ref
cree in behalf of said lessee or iessees shall
refuse OF neglect to act iofthe purpose Of sp.
pointing tbs same. Said Tofefees shall have
power to summon and compel the attendance
OF Witnesses, and shall each receive Tor their
services The same per diem and mileage ps is
now allowed BY ia% 10 members OF the legis
latuTe. And Witnesses in sueh cases shall be
allowed the same fees aslby law, SLOWED 70
witnesses in civil suits. II any lessee or les
sees, or any employees, under him or them,
shall refuse 10 deliver up any, section declare d
and held forfeited in accordance With the pro.
visions Of this aci, or any property OF the state
lappeFtaining iheTeto,tDT she'll resist any mem.
lbeI OF The board Of public works, or other Of.
hcer employed under said board, in the exeeu,
tion Of his duty, alier said forfeiture is dub
declared, be OF they Fball, upon conviction
thereof, be hned in any sum not less tbsn one
hundred dollars nor more than Eve hundred
dollafs, OF be imprisoned In the county jail no
eAcesding six months, OF both, At the discre
tion Of the court provided, that the contracts
for new construction aud repairs on any 0
suid sections, now in force, or entered Into be
tween this time and the ffteenth dsy.of Au
Igust next, shall not in any case exceed tb'
amount by this act appropriated for said sec
tion, and the contract price FOR the same shai
be paid blythe state.
| Seed. Tho leases aforesaid shall be exc
cuted and delivered by said board TO the lessee
or lessees, on said board receiving from him o
them the securities Aforesaid, for the s. ciioi
OF sections OF The public works, struck of a
aforesaid To- the highest bidder, snd for th,
Iterm aforesaid, which lease, when so execu
ted end delivered, shall, for, the term afoTe
said, vest in said lessee or lessees oil the fian
chises no. owned and possessed by the state
IN regard TO said public works, together witt
the right toappoint superiniendents, collect
ors, inspectors, lock tenders, weighmasteTs
aud such other officers and agents as may b
necessary; and said superintendents, collect
ofS and other objects and agents, shall haV
and exercise the samsipOweF and authority il
the collection of.tolls and water rents and tn
lleyying OF fines as can now BY law be exeTcl
sed bysimilar officers and agents appointed b
the state, and said lessees sifail be governed b
the rules nnd regulations for navigating th
canals and Muskingnm improvement now il
force, subject to such alterations and addition
ss may hereafter be established by law OF th
board Of public words 'sFi'a9
II SEC. s. II shaii be the duty Of The attorne
general, apd he is hereby required TO .prepaI
form of bond and lease in furtherence Off
plcsisions OF tins aot. to be,used between ti
State of Ohio end Tie lessees OF the publ
worka. and the board Of public works isha
, have the same printed and ready for inspectlo
| on o. before The hTSt day of august mex
which form and mo other shall be used /
completing andsexecuting the contract ente
ell into by the lessees Of The public works, ,
J provided for in this act; The security require
/ | BY the board or public works or The said lei
, sees for the performance OF their several vi
I dertakings, other than that directed and u
! qured 10 be deposited et The time Of said BIZ
ding, shall consist OF The state stocks of Obi
D OF U. s. stocks, deposlted with the auditor
state, upon which the said lessee OF lesse,
{ may receive the interest so long as the cov,
; naRts OF kaldlessee are lulillesl and kept, m
! to be returned 10 them by order Of said boaI
: on the termination Of their respective lease
provided no forfeiture Of the same shall has
happened duting the continuance ofssid leasI
Y or good and su ficient personal or real eata
security 10 the satisfaction Of The board Of ppl
. lie works. and the said boaId Of public wor
E ste hereby authOrised, whenever they mi
Y deem IL proper, 10 require of any person
q party offerel for seouTlty, slatemen upd
l. oath, Of the cash value Of his eI their real a
e personal estate above oil bis o. theiTlebilitis
10 Every collector Of other petsoE appointed
!. said lessees, o1 any Of them or their assigf
u 10 receive tells on said public works, shI
l. make neutrality-suspicious., verified by his oath
The auditof Of state Of the amount received
n him during the month preceding, and II shI
:. bethe duty OF said collector or other suth q
N pointee, 10 pay into the state treasury ten \
~ centum Of oil such collections, which shall
a retained In the treasury as Indemnity agaiI
/ the failure OF such lessee OF lesseos 10 PEI TO
Df the stipulatlons Of bis or their lease. But 81
N money shall be repaid TO such lessee or I,
I. sees at the end OF each year by The state tIt
/. lsuTeI npon The warrant oil, the state audit
W provided thai the auditor shall not issue
n said warrant until the board Of public worl
}. OF majority OF them, shall have FIRST certiii
n lin wrtinRtha the covenants and stipulatlo
n. of such lease have In, ell respects been fu
n and faithfully performed up 10 The end Of 1
y Iyear aforesaid. - ,.,3....,s (. \,
0. SEQ. 9. There 10 hereby appropriated out
rs any moneys in the treasury, not other wise
ID propnated, for the hrst three iouIths Of
IN fiscal yest, ending November 10Th, 1853,
3, several sums OF money hereinafter named,
" so much thereof Asmay be necessary foil
er several purposes lndicsted. ON division \
.. one, TO be paid out on The check OF AhneI
IN Baekus, acting commissioner for constrnciit
&c supeTintendenoe and repairs, SIXTY thousa
= dollarss for building and repairing wood