The spirit of democracy. [volume] (Woodsfield, Ohio) 1844-1994, 1859-08-03

in, and provided further, that it shall be un-
lawful for the lessee os lessees of any of said
sections, or their assigns, during the contin-
uance of their leases of said sections to sell or
assign their interest or any part thereof to
any railroad company or companies; and pro-
vide0, further, that section one shall not be
leased for less sum than forty thousand dol
lars, 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 so let unless all said
sections are let. The security on section No.
l shall be in the sum of two hundred and fifty
thousand dollars, on section No. two in the
sum of two hundred and fifty thousand dol
lars. and in 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 the security at any time is
insufficient: Provided that no bid shall be re-
ceived unless the person or persons making
the same shall have first deposited with the
auditor of state in money or in stocks of the
State of Ohio, or of the United States, the
sum of ten thousand dollars upon the oondi-
tions following, to wit: That he or they will
take lease of the section on which he or they
shall bid if it shall be struck off to him or
them, and give security for the same, as here
in provided, and in default thereof the securi-
~ SO deposited shall be absolutely and wholly
forfeited to and become the money or proper
ty of the state. Before the board of public
works shall sign and execute any lease by
virtue of the provisions of this act, they shall
require the bidder or bidders to whom said
lease was awarded, to make and sign an afida-
Wit setting forth the pane names of such
bidder, and of all and every person, directly
or indirectly interested in obtaining said
lease, and, if firm, setting forth the individ-
ual names Of tie members of the same and
that neither said bidder or bidders, or any
person in their behalf, had or did associate
confederate, coliude or combine with any per-
son or persons, directly or indirectly, for the
purpose of preventing competition in bidding
for said lease, or in any way cheating or de-
frauding the State in obtaining said lease or the
lease of any other section let at the same time;
ana further setting forth that said bidder or
bidders did not and have not, directly or indi-
rectly, procured any person or persons to with
draw 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 thereafter appear
that said affidavit was in any material respect
false, it shall be deemed and held sufficient
cause for any lease so made, and holding the
same as null and void, and the person or per-
sons making such false and fraudulent afida-
Wit, shall be deemed guilty of perjury, and
may be indicted and prosecuted therefor.
Sec. 8. 1t shall be a part of the
agreement between the lessee or lessees
and the State, that the lessee or lessees
of any section or 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 covenants of the State 70.
the term aforesaid, contained in the water
leases on said section or sections, or in
leases of ground for LIGHTHOUSE or col.
lectors Offices, and all legal contracts fol
new construction or repairs, and all ar.
rangements or agreements entered into
by the State Of Ohio, by act of the leg.
islature or otherwise with any State OF
corporation or with the government Of
the United States, during the term afore
said, and shall at all times, when the sea.
son will permit, and the water is not ne.
cessarily drawn out of said section OF
sections for repairs or new construction
: or obstructed with ice, or by reason o
some unforeseen breaks in some structure
| of the public works, or on account ct
scarcity of water produced by drouth
keep the same in good and proper condi
. tion and repair, and shall make all neces
f sary and needful repairs and reco-struc
tion under the direction of the board O
public works or engineer employed by th,
State. But no change of plan or of ma
terial shall be required which shall max,
the work more expensive than the ole
plan or materials used, and all such re
pairs shall be made al the time determined
by said board, and the lessee or lessees o
any section or sections shall permit al
persons to navigate said canals and i'm
provelnents, and travel on said road, max
ing no distinction in tolls charged or il
privileges granted, in favor of any person
: or company, but no person or compan,
shall be permitted to use any steam powe
: on any of said canals, without the con
: sent of the lessee or lessees, or their sue
cessors or assigns, and the rates of tol
upon all articles transported upon salt
public works or any part thereof, or trave
upon said road, shall not upon any articl,
exceed the last published rates of tn
State for 1859 and which took effect prio
to the passage of this act, and if the les
, see or lessees do not fulfil all the GOV
epants contained in their respective leases
the same may be forfeited at the optio1
E of the board of public works. In cas-
a said board shall declare any section for
!, feited as aforesaid, they shall cause al
> entry to that effect to be made upon tn
4 journal of their proceedings, and shall i'm
mediately notify. in writing, the lessee O.
!, lessees of such section of their action
= and shall also in said notice separated
d and distinctly specify the grounds upo
y which such forfeiture is declared, and il
oil such cases the action Of said boar
: shall be final unless within six days afte
# the service of said notice, the said lesse
# or lessees shall file in the Office of sal
) board, or with member thereof, his o
y their written protest denying or otherwis