Fremont journal. [volume] (Fremont, Sandusky County [Ohio]) 1853-1866, 1859-07-01
LAWS OF OHIO.
Published by Authority.

Making appropriations for the supernendeuce and re-.
pairs Of The Public Works for the fiscal ending No
vsmbcr 10, 1859, and providing for leasing the same
Section l. Be Il enacted bg the General Assembly qf
the State Of Ohio, That for the purpose OF leasing the
public works Of said state they hereby divided into
the following sections, TO wit;
Section No. one 10 embrace the Miami and Eric Canal
and all the side cuts feeders and reservoirs connected
theewith together with the loekhouses collectors ohces
werhiock aud lenses Of surplus water thereum, and all
the water rents and privileges pertaining thereto, and Of
land used in connection herewith.
Section No two to embrace ths Musklngum Improve
msnt, Ohio Canal ihe Hooking Canal the wahondius
Canal and all the side cuts, feeders and reservoirs
nected with said section together with the lockhouses
collectors Offices weigOcs, and leases Of surplus water
therefro and all the water rents and privileges per-
anng thereto, and Of land used in connection thereWith
Section No three to embrace the Western Reserve and
| Maumee Road and all toll gates thereon.
All moneys derived from the leasing Of said sections TO
be paid into the state treasury and form part Of the sink
soc Immediately after the passage Of this act, the
let for the Of Avs years. public auction, the
stops Of the state house in the city ofCoumbus, between
The bonrs OF ten O'clock a. m and four o'clock D. NJ Of the
dsy of letting which day shall be the fifteenth day of
gust uext Said advertisement shall be published Ia two
bsrs nutcd and in general circulation In the cities Of
columbus Cincinnati Toledo Cleveland Zancsvillc and
DAYTON New York, Boston, PhadelphiN and Baltimore,
which advertisements shall he continued in the papers IN
which they NAV be inserted until the time Of letug at
said public auction and shall describe the works to be let
aud the time and place Of flong the same aad the terms
hoard OF public works. tho said fifteenth day Of August
the hours Of ten o'clock and four o'clock
D. Of said day at the place aforesaid shall proceed, at
public auction TO let each section for the term aforesaid
In herein set forth to the persons who
u consideration of the tolls to be derived from said
on shall bid to pay the highest annual rent therefor and
who shall give good security that he they will the
same promptly In payments during said term
and will keep the said section In good and proper condi
tion and repair during said term, comply with all the
terms Of his their contract and at the expiration hore
Of will deliver up the same in like good condition wheu
received: Provided, however, that railroad company
or companies shall in manner become parties tn said
bids interested therein and provided further that it
sha unlawful for the lessee lesees Of any Of said
sections their assgns during the continuance Of their
leases of said sections assign their
part thereof to any railroad company companies; and
ann, less than forty section two for not
loss than fifteen thousand dollars, section three for
less than four hundred dollars and provided that
section shall be LET unless all said sections are let The
security on section No shall be in the Of
dred and y thousand dollars section two in the
Of two hundred and fifty thousand dollars and section
shall made 10 the state of Ohio and be renewable every
two years oener if the board Of public works shall
think the security at any time insufficient: Provided that
hid shall be received unless the persons max
ing the shall have first deposited with the auditor
money in stocks Of the state Of Ohio of
the United States the Of ten thousand dollars upon
the conditions following to wit: That he they will
lease Of the sction which he they shall bid If
it shall be struck of to him or them and give security for
the same herein provided and in deiault thereof the
security deposited shall be absolutely aud wholly for
feied and become the money property of the state
Before tn" board Of public works shall sign aud execute
any by virtue of the provisions of this act they shall
require the bidder or bidders to whom said was award
d. to make and sign affidavit setting forth the
ofsuch bidder and Of all and every person. directly
indirectly interested in obtaining said lease and, if
firm setting forth the individual of the members
the same that neither said bidder bidders any
person their behalf had did associate confederate
coIude Or combine with person persons directly
INDIRECTLY for the purpose Of preventing competition il
bidding for said lease way cheating derraud
ing the in obtaining said lease the lease Of
other section let at the time: and further eetn
forth that said bidder or bidders did not and have not d
tIv iudir rprtlv nroC
withdraw any bid for the purpose afore said and said a
board Of public works. and shall at any time thereae
appear that said affidavit was in material respect false
ii shall deemed and held sufficient cause for setting asid
made and holding the null and void
the person making such false and fraudu
affidavit shall be deemed guilty ofperury and may b
> indicted and prosecuted therefor.
tt Sec II shall he part Of the agreement between thu
and the state that the lessee lessee
of any section sections Of said public works shall pa
the rent at the time and place specified in his
their lease shall faithfully fulG all the legal contract
covenants of the state for the term contain
ed in the water leases said section sections, il
leases ground for Lighthouses collectors Offices
all legal contracts for construction repairs and al
arrangements or agreements entered into by the state
Ohio Of the legislature otherwise with stat
At States during the term aforesaid and shall at all times
when the will permit and the water is not
rally drawn out Of said section or sections for repairs
new construction obsructed with ice by
unforeseen breaks in structure Of tho publ
, works. account Of scarcity of water produSsd b.
dTouth keep the in good aud proper condition an
repair aud shall make all necessary and needful repair
and reconstruction uuder the direction Of the board
public works orengneer employed by the state But N
change Of plan material shall be required which sha
make the work expensive than the old plan ma
terals used and all such repairs shall be made at the m
determined by said board and the lessee essees Of
section sections shall permit all persons to nnvgat
making distinction in tolls charged in privilege
grsnteg in favor of any company but
any said canals without the consent Of the lessee
essee their assigns and the rates Of to
upon all articles transported upon said public works
road shall pRtN
article exceed the last published rates Of the stat
for 1850 and which took effect prior to the passage Of h
IL the lessee leSsees do not fulfil all the
s contained in their respective lenses the
forfeited the option Of the board public works In
said board shall declare any section forfeited aforesaid
they shall entry 10 that effect TO be made upo
the journal Of their proceedings and shall inmediael
notify in writing, tho lessee lessees Of such section
their aooH and shall also in said notice separately
distinctly specify the grounds upon which such foreitur
ri declared and in all such the action Of said bear
shall be final unless within six days after the service
said notice. the said lessee lessees shall file in the oc
Of said board with member thereof his or their writ
ten protest denying otherwise taking issue upon tn
charges made by said board in whole in part An
IT, upon Cling OF said protest. the board majority therec
shall appoint referee in behalf Of the state and said les
shall also appoint referee on his thei
behalf and the two referees appointed shall nominal
and appoint third referee in conjunction with them
hear aud determine said matter in issue The referee
shall practicable after their appointment
upon time for meeting not exceeding ten days after tn
appointment Of said last appointed referee unless tn
hoard and said lessee lessees otherwise agree and sha
also fix some convenient place within state whore
ed parties shall be heard and when assembled the time
ar place fixed aforesaid said referees shall proceed
hear adudpe and determine the matters in oourovers
aforesaid and shalt make their award in writing and dc
be liver a copy the to the board OF public works
and also 70 the said lessee essees and If said referee
majority Of them shall award that said charges
them true. and that the constitute good
sufficient why said lease shall be declared and hel
forfeited the said lessee essees shall immedistel
thereupon surrender peaoeahe possession of said
ton and Of all the property Of the state appertanng there
to TO the member Of said board having charge Of said
ton and shall also he liable to the state his thci
bond aforesaid But case said referees or majority
them shall award that such charges true tina
being they do not constitute sufficient for de
carng said lease forfeited according 10 the provisions
this they shall determine the costs Of the proceeding
in said case and the shall be retained by said ese
esseea from the succeeding payment made by hir
or them TO the state. Said referees shall be citizens
the state Of Ohio and eehOlders therein; and the thr
referee herein provided for shall he appointed by th
board Of public works. in the referee in behalf Of sal
lessee essees shall refuse neglect TO act for the
pose Of appointing the same Said referees shall hay
power 10 summon and COMPEL the attendance Of witness
and shall each receive for their services the
diem and mileage is allowed to members of tho leg
ature Aud witnesses in such shall be allowed tn
same fees as by law allowed witnesses civil suit,
II any lessee OF lessees, any employee under him
them shall refuse TO deliver section declared
held forfeited in accordance with the provisions this
property OF the state apperainng thereto sha
resist member Of the board of public works. Ohe
officer employed under said board in the execution Of hi
duty after said forfeiture is daily declared, he the
shall, upon conviction thereof be fined in any
less than hundred dollars, than Eve hun
dred dollars he imprisoned in the county jail not
ceedng months both the discretion OF tho
provided, that the contracts for construction and
IL pairs Of said sections Ia force entered
y between and the fifteenth day Of August
-aNN.. araFI lfa 80.