Dodgeville chronicle. [volume] (Dodgeville, Wis.) 1862-current, 1862-10-09

# the secretary of state.
&c. 3. In case an amicable settlement
.annot be effected as aforesaid, or if said
board should deem it expedient before at
tempting such settlement, it is hereby au-
thorized to submit the adjudication of said
claim to five arbitrators, to be agreed upon
between said commissioners and said com
pany. The articles of submission shall be
signed by said commissioners on behalf of
the state, and by the president Of the com
pany, or some person duly authorized, on
its behalf and said submission shall be OBJ
ligatory upon the state and the company,
and neither party shall revoke the same,
and the award shall be final proOided, it shall
be signed by majority of said arbitrators
and in case of the refusal or inability of any
arbitrator, so chosen, to act in the premises,
substitute may be chosen as above, and in
case the parties cannot agree upon such sub
stitute, the governor shall appoint the same,
Sec. 4. The arbitrator so agreed upon,
shall meet in the city of Madison on or be-
fore the first day of january, A. d. 1863
They shall have all the powers conferred
upon arbitrators by the laws of this state,
and shall make their award in writing on or
before the first day of March, 1868. One
copy they shall deliver to the Secretary of
state, and another to the president or per-
I; son representing the company. The Secre-
tary shall file such award in his office.
Sec s. There is hereby appropriated, to
defray the expenses of this arbitration, a
sum not exceeding one thousand dollars, or
so much thereof as may be necessary to pay
the expenses Of proceeding under this act.
The board shall draw its warrant on the
treasurer as the money may be needed, and
apply the same in pay the per diem and
mileage of the arbitrators and witness fees
on behalf of the state 1t shall the duty OF
the attorney general to defend the state before
said arbitrators The arbitrators shall be
allowed such sum per diem and mileage as
the board may deem Just. If the governor
shall deem it expedient, he may employ
other counsel to assist the attorney general
in defending the state before said arbltrators,
and he is, in that case, authorized to agree
upon the compensation to be paid to such
counsel pro0ided, that if any amount is
awarded to the canal company by the arbi-
traitors, the treasurer shall retain from the
amount so awarded, a sum sufficient to re-
imburse the state the full amount of expenses
incurred by such arbitration.
Sec. g. In case an award shall be made
in favor of the company, it shall be the duty
of the arbitrators to appraise the property
Of the Rock river canal company, and fix
the value Of said property, and the award of
said appraisal shall be deducted from the
amount, and the property shall thereafter
vest in said company.
Sec. T. The money awarded, if any,
whether by the commissioners or arbitra-
tors, shall in no event be payable or be paid
to said company, until the State shall re
ceive from the United States the monies
commonly called the Give per cent. fund.-
now withheld by the United States. When
the State shall obtain said fund from the
United States, the secretary of state shall
draw his warrant on the state treasurer in
favor Of the company for the money so
awarded, and the same shall be paid by the
treasurer on presentment, out of said five
per cent. fund pro0ided, hoacecer, that this
act shall not be so construed as to admit or
recognize any claim against this state in
favor of the Rock river canal company.
Approved September 20, 1862.