Belmont chronicle. [volume] (St. Clairsville, Ohio) 1855-1973, 1859-05-19

provided, and in default thereof the security so
deposited shall be absolutely and wholely forfeit
I'd to and become the money or property OF the o
State. Before the board or public works shall t
'ign and execute any lease by virtue of the pro- v
visions of this act they shall require the bidder
Or bidders to whom said lease was awarded, to t
make and sign an affidavit setting forth the
name or names of such bidder, and of all and ev-
y person, directly indirectly interested in OBJ
tanning said lease, and, if firm, setting forth
the individual names of the members of the same,
and that neither said bidder or bidders, any j
person in their behalf, had or did associate, con-
federate, collude or combine with any person or
persons, directly or indirectly, for the purpose of
preventing competition in bidding for said lease,
or in any way. cheating defrauding the state
in obtaining said lease or the lease Of any other
section let at the same time; and further setting
forth that said bidder bidders did not and have
not, directly or indirectly, procured any person
or persons to withdraw any bid for the purpose
aforesaid, and said affidavit shall be carefully
preserved on file in the Office of the board of
public works, and if it shall at any time thereaf-
ter appear that said affidavit was in any materi-
al respect false, it shall be deemed and held suf
hcient cause for setting aside any lease SO made,
and holding the same rs null and void, and the
person or persons making such false and fraud
ulent affidavit, shall be deemed guilty of perjury
and may be isdicted and prosecuted therefor
Sec. 8. 1t shall be part of the agreement be-
tween the lessee or essees and the State that the
lessee or lessees fany section sections of said
public works shall pay the rent aforesaid at the
time and place specified in his their lease and
shall faithfully fulfil all legal contracts and coy
enants of the State for the term aforesaid, con-
tanned in the water leases on said section OF
tions, or in leases of ground for lock houses or
collectsrs Offices, and all legal contracts for new
construction or repairs, and all arrangen ents
or agreements entered into by the State of Ohio,
by an act of the legislature or otherwise with
any state or corporation or with the government
of the URited States, during the term aforesaid,
and shall at all times, when the season will per-
init, and the water is not necessarily drawn out
of said section sections for repairs new con
structions, obstrueted with ice, or by reason
of some unforeseen breaks in some structure OF
the public works, or on account of scarcity of
water produced by drouth, keep the same in good
and proper condition and repair. and shall make
| all necessary and nsedful repairs, and recon-
struction under the direction of the board OF
public works or engineer employed by the State.
But no change Of plan or Of material shall be re-
quired which shall make the work more expen-
sive than the old plan or materials used, and all
such repairs shall be made at the time determi-
/ ned by said beard, and the lessee or lessees of
any section sections shall permit all persons to
navigate said canals and improvements, and
travel on said road, making no distinction in
tolls charged oriu privileges granted in favor of
/
pany shall be permitted to any steam power
on any of said canals, without the consent of the
lessee or lessees, their successors or assigns,
and the rates of toll upon all articles transpor-
| ted upon said public works or any part thereof,
or travel upon said road, shall not upon any arti
Gle exceed the last published rates of the state
for 1859 and which took effect prior to the pas
sage of this act, and if the lessee or lessees do
not fulfil all the covenants contained in all their
respective leases the same may be forfeited at
the option of the board of public works. In case
said board shall declare any section forfeited as
aforesaid they shall cause an entry to that efenl
to be made upon the journal of their proceed
ings, and shall Immediately notify, in writing,
the lesse or lessses of such section OF their ac-
tion and shall also in said notice separately and
T distinctly specify the grounds upon which for
feture is declared, and in all such the ac-
tion of said board shall be final unless within
six days after the service of said notice, the said
lessee or lessees shall file in the eifice of said
board, or with member thereof, his or theiI
written protest denying otherwise taking issue
:; upon the charges so made by said board in whole
: or i part. And upon filing of said protest, the
board or a majority thereof shall appoint ref
cree in behalf of the state and said lessee or les
: sees shall also appoint referee on his or theil
behalf, and the two referees appointed shall
nominate and appoint third referee in conjunc-
ton with to hear and determine said matter in
{ issue. The referees shall as practieabl q
Al
q meeting not exceeding ten days after the ap
4 poiutment of said last appointed referee unles
a the board and said lessee or lessees otherwise
d agree, and shall also fix some convenient place
h within the state where said parties shall be heart
I'll and when assembled at the time and place 81
I'll fixed as aforesaid said referees shall proceed t.
g hear, adjudge and determine the matters in con
troversy as aforesaid, and shall make their a
n ward in writing and deliver a copy of the sam
b to the board of public works, and also to tn
> said lessee or lessees; and if said referees, or
9 majority of them, shall award the said charges
u or any of teen, re true and that the same con-
e stitute good and sufficient cause why SAT-
lease shall be declared and held as forfeited, tn
y said lessee or lessees shall Immediately therelp
:. on surrender up peaceaole possession of SAT-
section and Of all the propery of the state apper
taina thereto to the mem Der of said board havin
charge of said section and shall also be liaole
the state in his or their bond aforesaid. But il
case said referees, or majority of them. shal
award that said charges are not true, or that be
ing true they do not Constitute a sufficient cas-
for declaring said lease forfeited according to tn
| provisions of this act, they shall determine tn
costs of the proceedings in said case, and tn
% same shall be retained by said lessee or lessee
II from the next succeeding payment made by hiT
Q or them to the state. Said referees shall be citi
zens of the state of Ohio, and freeholders therein
, and the third referee herein provided for, sha
10 be appointed by the Board of Public works, i
70 casethc referee in behalf of said esee lessee
shall refuse or neglect to act for the purpose
appointing the same. Said referees shall hav
: power to summon and compel the attendance o
j. witnesses, and shall each receive the same PEI
. diem and mileage as is now allowed by law
d members Of the legislature. And witnesses
l. such case shall be allowed the same fees is b
d law allowed to witnesses in civil suits. If an
lessee or lessees, or any employee, under hiI
N or them, shall refuse to deliver up any sectio
le declared and held forfeited in accordance wit
j. the provisions of this act, any property of tn
state appertaining thereto, shall resist any
5, ber of the Board of Public Works, or other off
h, GER employed under said Board in the executio
g of his duty, after said forfeiture is duly declare
= he or they sh ALL upon conviction thereof be Fl
ned in any sum not less than one hundred dol
! lars nor more than five hundred dollars, or
J. imprisoned in the county jail not exceeding 81
months, or both at the discretion of the court
id Provided that the contracts for new constructio
d and repairs on any of said sections, MOI
in force, or entered into between this time an
is the fifteenth day of August next, shall not j
SO any case exceed the amount Of this act appropri
s. ated for said section and the contract price 70
Sc the same shall be paid by tie state.
If Sec. 4. The leases aforesaid shall be execute
9 and delivered by said board to the lessee les
h sees, on said board receiving from him or theI
II the securities aforesaid, for the section sec
l. tons of the Public Works, struck off aforesa
a. to the highest bidder, and for the term aiore
(, said, which lease, when so executed an
delivered, shall, for the term aforesaid, We:
IN in said lessee lessees all the franchise
/. now owned and possessed By the State, i
le regard to said public works, together with tn
x right 10 appoint superintendents, collectors, in
re specturs, lock tenders, weighmasters, and sue
s, other officers and agents as may be necessary
N and said superintendents, collectors, and othe
k officers and agents, shall have and exercise III
Il same power and authority in the collection
,r tolls and water rents and the leyying of fines