The Wyandot pioneer. (Upper Sandusky, Ohio) 1853-1868, 1859-07-08

after their appointment agree upon time for
meeting not exceeding ten days after the ap
pontment of said last appo nted referee unless
the board aud said lessee or lessees otherwise
agree. and shall also fix some convenient place
within the state where SAID parties shall be
heard, and when assembled at the time and
place so fixed as af said, said referees shall
proceed to hear. adjudge AID determine the
IN tiers in controversy aforesaid, and shall
make their award in writing and deliver copy
OF the same to the board Of public works, and
also to the said lesee or lessees, and ii said
referees or IN iority Of them. shall awaid d
that said charges, ,or any Of them are true,and
that the same constitute a good and sufficient
cause VIII said lease shall be declared and as
forfeited the said lessee or lessees shall immedl
ately thereupon surrender up peaceabie pos
session Of said section and and Of b ! The prop
erty of the state appertaining thereto to the
member of said boaId having charge Of said
section, aud shall also be liable to the state on
his OF their bond aforesaid. But in case said
referee, or majority of them, shall award that
said charges are not true, or that being true
they do not constitute sufficient cause toi de-
,laring said lease forfeited according to The pro
visions of this act, they shall determine the
costs of 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 oiti-
zens Of the state Of Ohio, and freoholders there
in; and the third referee herein provided for,
shall be appointed by the Board o Public
WORK s, in case the referee in behalf OF said le s.
&c or essees shall neglect to act for the purpose
of appointing the same. Said refer es shall
have power to summon and compel the attend
ance Of witnesses, and shall each receive for
their services the same Der diem and mileage
as is now allowed by law TO members OF TIE
legislatu lie. And witnesses in such ses shall
b oclowed the same fees as is by lsw allowed
to witnesses in civil suits. If any lessee or less
ees or any employee, under him or them, shall
refuse to deliver up any section declared and
held forfeited in accordance with the provisions
OF this act, or any property of the state apper.
tanning thereto, or Shall resist any member OF
the Board Of Public works or other officer en
plo ed under said Board, in the execution of
his duty, after said forieiturue is declared he
or they shall, upon con, iction thereof be fined
in any sum not less than one hundred dollars
more than five hundred dollars, or be imprison
I'd in the county jail not exceeding SIX months,
or 10th at he discretion of court: lovded that
the cuntr cts for new construction anu repairs
on any of said sections, now in force, or enter
ed into between this time and the fifteenth day
of August next, shall not in any casa exceed
the amount y this act appropriated Tor sec.
ton, a d the contract price Tor the same shall
be paid by the state.
| Seed The leases aforesaid shall be execu-
ted aud dehved by said board to the lessee or
Essees, on said board receiving fiom him or
them the securities aforesai forthe section or
sections OF the public works, struck oil az
aforesaid to the highest bidder, ant for the
term aforesaid which lease when SO ex culed
and delivered, shall, for tt e term aol esald
vest in saiu lessee Oh lrssess all the franchises
now owned and possessed by the State, IN re
gard to said public works; together with the
| right to appoint superinteudents, collectors,
ins pectors, lock tenders, weighmasters, and
such other officers and agents as may be neces
sa-y, and said superintendents, collectors,
and other officers and agents. shall have and
exercise the same power and authority in the
collection of tolls and water rents and the lev :
ing the fines as Gun now 10y law be exercised by
similar officers and agents appointed by the
State, and said lessees shall be governed 6ty
the rules and regulations for navigating the
cal ais and Musklngum Improvement now ID
force, subject to such alterations and additions
AS NAV hereafter be established by law or the
board of public works.
Sec. s. 1t shall be the duty of the attorney
general, and is hereby required to prepare,
! iurin of bond and lease III furtherance of the
DR. vicious of this act. TO be used between the
State OF Ohio and the lessees OF the pubic
works. and the board of public works. shall
have tL. same printed and ready for inspection
on or before the first day of August next,
which form and no other shall be used in com
peling aud execating the contract entered ln-
to by the lessees Of the public works, as drovid-
ed for in this act; the security required by the
board of public works OF the sand essees Tor
the performance of their several undertakings.
other than that directed aud required to be de-
uosited at the time OF said bidding. shall con-
s,st of the state stocks of Ohio, or u 5. stocks,
deposited with the auditor of state. e..upon which
the said lessee or lessees may receive the ihler-
terest SO long as the coven ants OF said lessee
are fulfilled and kept, and to return them by
order of said board on the termination OF their
leases, provided no ferieiturctt Ct the same shai
have happened uunng the continuance OF said
lease: or good an sufficient personal or real es-
tate sec urity to the satisfaction OF the board OF
~ bic works: and the said b ard OF public
works are hereby authorized, whenever they
NAV deem it proper, to require OF any pers IN
or party offered for security, statement, under
oath, OF the cash va ue oil his or their real and
4 personal estate above all his or their debts and
liabilities. Every collector or other person ap'
pointed by said lessees, or any OF them or their
assigns, to receive tolls on said puolic MofKs,
shall make monthly returns, verified by his
oath TO the auditor of state of the amount re-
ceived by him during the month preceding,
and it shall be the duty of said collector, ol
other appointee, to pay into the state treasury
ten per centum Of all such collections. which
shall be retained in the treasury as indemnity
aga nst the failure OF such lessee or lessees te
perfvrm the stipu!ations of his or thoir lease
But said money shall be repaid to such lesset
or lessees at the end Of each year by the STATE
treasurer upon the warrant of the state auditor
provided that the auditor shall not issue biz
said warrant until the board of public works
or majority of them, shall have first certified
in writing that the covenants aud stipnlat'on'
of such lie Sc have n all respects been fully "ne
faithfully performed up to the end Of theyea
aforesaid. 6t
Section g. There is hereby approprlatee
out of any moneys in the treasury, not other
wise appro,niaIed, for the first three fourths o
the fiscal year, eading Nov: 18TH, ls2s. tn
! several sums Of money hereinafter named, !. Q
! 40 much thereof as may be necessary for tn
, several purposes Indicated. On division mum
ber one, to be paid out on the check "f Aone
: L. Backus, acting commissioner tor construe
and tQn lirs. slXStv- 81,