Holmes County Republican. [volume] (Millersburg, Holmes County, Ohio) 1856-1865, 1859-07-28
LAWS OF OHIO:
AN ACT,
Pubished by Aufhority.


and repairs of the Public Works for the fiscal
wear ending November Is, 1889, and providing
for leasing the same.
Sec. 1. Be Il enacted by the General Assembly
of the State of Ohio, That for the purpose of leas
ms the public works of said state. they hereby
divided into the following sections. to wit:
section No. one TO embrace the Miami and Erie
Canal end all the side cuts feeders AND reservoirs
connected herewith together with the lockhouses.
water therefrom and all the water rents and privi
ses pertaining thereto. and of land used in eonnec
Section No. two 10 embrace the Nuskinpum I'm
provement, Ohio Canal, the Hooking Canal. the
WaIhonding Canal. and all the side cuts. feeders,
er With the LIGHTHOUSES collector Office weighioeEs.
and leases Of surplus water therefrom and all the
water rents and privileges pertaining thereto. and
of land used in connection herewith
Section No. three to embrace the Western Reserve
and Maumee Road and all toll gates thereon
All moneys derived from the leasing Of said Sec
tions, to be paid into the state treasury and from
part Of the sinking fund.
Sec. 2. Immediately after the passage of this act.
the Board Of Public Works shall advertise said SEC
auction, the steps of the State House in the city
of Columbus. between the hours of ten o'clock N.
dag &c tSs esnfs das s
advertisement shall be published in two papers.
printed and in general circulation in the cities Of
Columbus, Cincinnati, Toledo, Cleveland GAINESVILLE
and DAYTON. New York. Boston. Philadelphia and
Baltimore which advertisements shall be continu-
ed in the papers in which they may be inserted until
the time Of letting at said public auction and shall
describe the works to be let and the time and place
of letting the same. and the terms upon which said
Public Works, on the said fifteenth day of August
next, between the hours of ten O'Clock q. N. and
four o'clock p m of said day at the place aforesaid
shall proceed, public auction. to let each section
for the term aforesaid in the order herein FORTH
to the person or persons who, in consideration OF
the tolls TO be derived from said section, shall bid
to pay the highest annual rent therefore, and who
shall give good security that he or they will pay the
same promptly in semi.annual payments during
said term and will keep the said section in good and
proper condition and repair druing said term. com
ply with all the terms of his their contract and
in like good condition when received: Provided.
however, that no railroad company or companies
shall in any become parties TO said bids or
interested therein. and provided further. that 1t
shall be unlawful for the lessee lessees Of Of
said sections. their assigns. during the contnu-
their interest or any part thereof to railroad
company or companies; and provided. further. that
section shall not be leased for less sum than
forty thousand dollars section two for not less than
fifteen thousand dollars. section three for not less
than four hundred dollars; and provided that no one
section shall be let unless all said sections are et
The security on section No. shall be in the sum of
two hundred and fifty thousand dollars, on section
No. two in the sum of two hundred and fifty thou
sand dollars and section No. three in the sum of
ten thousand dollars. The bonds shall be made to
the State of Ohio and be renewable every two years
or oftener if the board of public works shall think
that no bid shall be received unless the person or
persons making the same shall have first deposited
With the auditor Of state in money or IN stocks OF
of ten thousand dollars upon the condition follow
ing. to SEit: That he they will take lease of the
section which he or they shall bid if it shall be
struck of to him them, and give security for the
same. as herein provided and in default thereof the
security deposited shall be absolutely and wholly
forfeited to and become the money or property OF
the state. Before the board of public works shall
sign and execute any lease by virtue of the pro-
visions Of this act, they shall require the bidder or
bidders to whom said lease was awarded. to make
and sign affidavit setting forth the name names
Of such bidder. and of all and every person. direct
y or indirectly interested in obtaining said lease,
and, if firm, setting forth the individual names of
the members of the same, and that neither said
Rsd or did associate " confederate eolude % or eom
bine with any person or persons directly or 1ndl-
recty. for the purpose of preventing competition IN
bidding for said lease in way cheating or de-
frauding the State in obtaining said lease or the
lease of any other section let at the same tme and
further setting forth that said bidder or 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 care
fully preserved on file in the otice of the board OF
public works and if it shall at time thereafter
appear that said affidavit was in any material re-
spect false, it shall be deemed and held sufficient
for setting aside any lease made and hold
ing the same as null and void and the person or
persons making such false and fraudulent affidavit,
shall be deemed guilty of perjury, and may be in
dicted and prosecuted therefor.
Sec. 3. 1t tshall be a part of the agreement be-
tween the lessee or lessees and the State that the
lessee lessees of section sections Of said
public works shall pay the rent aforesaid at the
time and place specified In his or their lease, and
shall faithfully fulfil all the legal contracts and
yenants of the State for the term aforesaid, con-
tanned in the water lease said section sections
or in leases Of ground for lockhouses or collectors
ofces, and all legal contracts for construction
or repairs, and all arrangements agreements en-
teredinto by the State of Ohio by of the legsla
turs OF otherwise with any State OF corporation or
the term aforesaid and shall at all times, when the
season will permit and the water is not necessarily
drawn out of said section or sections for repairs
new construction. or obstructed 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 came in good
and proper condition and repair, and shall make all
necessary and needful repairs and reconstruction
under the direction of the board Of public works or
plan of material shall be required which shall
make the work more expensive than the old plan or
materials used and all such repairs shall be made at
the time determined by said board. and the lessee
or lessees of section sections shall permit all
persons to navigate said canals and improvements.
and travel on said road, making distinction in
tolls charged or in privileges granted in favor of
any person or company, but no person or company |
of said canals without the consent of the lessee or
lessees their assigns, and the rates
of toll upon all articles transported upon said pub
lie works or any part thereof, or travel upon said
road, shall not upon article exceed the last pub
lshed rates of the State for 1859 and which took
effect prior to the passage of this act and if the
lessee or lessees do not fu all the covenants con-
tanned in their respective leases, the may be
forfeited at the option board of public works
ed aforesaid, they shall entry to that eff
feet to be made upon the journal of their proceed
ings. and shall immediately notify, in writing the
lessee or essees of such section of their action and
shall also in said notice separately and distinctly
specify the grounds upon which such forfeiture is
declared, and In all such cases the action of said
board shall be final unless within six days after tie
service of said notice. the said lessee essees shall
file in the ofice of said board or with a member
4 fharr ffar dnnV or
otherwise taking issue upon the charges made by
said board in whole or in part. And upon filing of
appoint referee in behalf of the state; and said
lessee lessees shall also appoint referee on his
or their behalf and the two referees so appointed
shall nominate and appoint third referee IN con-
junction with them to hear and determine said |
matter in ISSUE The referees shall as soon as prac-
ticable. after their appointment agree upon time
for meeting not exceeding ten days after the ap-
pointment of said last appointed referee unless the
board and said lessee lessees otherwise agree. and
shall also TX some convenient place within the state
where said parties shall be heard and when assem-
bled at the time and place fixed aforesaid. said
referees shall proceed to hear adjudge and deter
make their award in writing and deliver a copy OF
the same to the board of public works. and also to
the said lesse or lessees and if said referees,
majority of them, shall award that said charges,
sny Of Them true, and that the same constitute
a good and sufficient cause why said lease shall be
declared and held forfeited, the said lessee or
lessees shall Immediately thereupon surrender up
peaceable possession of said section and all the |
property Of the state appertalning thereto to the
member of said board having charge OF said section
and shall also be liable to the state his or their
bond aforesaid. But in case said referees or ma
1ority of them shall award that said charges not
true, or that being true they do not constitute /
sumclent cause for declaring said lease forfeited
according TO the proysiois of this act they shall de-
termine the costs of the 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 |
citizens of the state Of Ohio and freeholders there
IN; and the third referee herein provided for shall
be appointed BY the Board of Public Works, in case