The Jeffersonian Democrat. [volume] (Chardon, Ohio) 1854-1865, 1859-09-02
LAWS OF OHIO.
(PuLi,shed BY .AuthOriiy)
THE CANAL LAW.
AN ACT
[ No. 220 !

SEcTIoN l BE il enacted Jy The General
.4ssrmbty Of The State Of Ohio, That for
the purpose Of lcasing the public works Of
said state, they arc hereby divided into the
following sections, to wit:
Section No. ono to embrace the Miami
and Erie Canal aud all tho side cuts. feed
ers aud reservoirs connected therowith, to.
gcthcr with the Lighthouses, collectors off
ces, wegblocks, and leases of surplus water
thereiroIn, aud all tho water rents and pryi.
legcs pertaining thereto, and Of land used in
connection Herewith.
Sec. No. two TO embrace the Muskkingum
improvement. Ohio Canal, the Hooking
Canal, tho Walhonding Canal, and all tho
side cuts, toodors, aud reservoirs connected
with said section, together with tho lock-
houses, collectors Offices, wcighlocks, aud
leases of surplus water thorefrom, and all
tho watUr ronts, and privileges pertaining
thereto. and of land used in connection
thcrcwith.
Section No threo to embrace tho Wust-
crn Reserve and Maumec Road and all toll
gates thereon.
All moneys derived from tho leasing of
said sections, to be paid into tho state treas.
Dry and form q part of the sinking fund.
SEC. 2. Immediately after tho passage
of this act, tho Board of Public Works shall
advertise said sections TO be let for the torn
of iivo wears. at public auction. on the steps
of tho State House in tho city of Columbus.
between tho hours of ton o'clock A. NJ. and
four o'clock +. NJ. of tho day Of letting,
which day shall bc tho Fl tconth day of Au-
gust noxt. Said advertisement shalt be pub
lshed in two papers, printed and in goDor
al Gil culaton in the cities OF Columbus, Gin
cnnati, Toledo, Cleveland, ZInesville and
Dayton, New York, Boston, Philadelphia
and Baltimore, which advertisements shall
DO continued in tho papers in which they
may be inserted until tho timo of letting ut
said public auction, and shall describe tho
works to DO lot, and the timo and place of
letting the same, and tho torms upon which
said lettings arc to be made. And tho said
Board of Public Works. on tho said fifteenth
dav of August next, between tho hours Of
ton o'clock A. NJ. and four o'clock p. NJ. OF
said day, at the place aforesaid, shall pro
coed, at public auction, to lot each sontinn
for tho term aforesaid, iu the order herein
set forth, to tho person or persons who, in
consideration of the tolls to be derived from
section. shall bid to pay tbs highest annual
rent therefor, aud who shall giyo good So
curty that he or they will pay the same
promptly in semi annual payments during
said torn, and will keep tho said section in
good and proper condition and repair du-
ring said torn, comply with ali the terms
of his or their contract, and at tho expira.
ton thereof, will deliver up tho samo in
like good condition as when received
Provided, however. that no railroad com.
pany or companies shall in any manner be-
como parties to said bids or interested there-
in, and provided further, that it shall be un-
lawful for the lessee or lessecs of any OF
said sections. or their assigns, during the
continuance of their loassus of said sections
to sell or assign their interest or part there.
OF to any railroad companies; and provided,
further, that section ono shall not be- leased
for less sum than forty thousand dollars.
section two for not less than fifteen thous
and dollars, section thrcc for not loss than
four hundred dollars and provided that
no ono section shall be so let unless oil said
sections arc lot Tho security on section
No. shall te in tho sum of two hundred
and fifty thousand dollars, on section No.
two in tho sum of two hundred and fifty
thousand dollars and on section No. three
IN the sum of ton thousand dollars. Tho
bonds shall be mado to tho State Of Ohio,
and bo renewable every two years or often
or if tho board of public works shall think
the security at any time is insufficient
Provided that no bid shall be received un-
less tho person or persons making tho Same
shall have first deposited with the auditor
of state in money or in stocks of the State
of Ohio, or of tho United States, tho sum oi
ton thousand dollars upon the conditions
following, to wit: That no or they will
take lease Of tho section on which no or
thcy shall bid if it shall DO struck off to
him or them, and give security for the
same rs herein provided, and in default
thereof tho security so deposited shall be
absolutely and wholly forfeited to aud be-
como tho money or property of the state.
Before tho 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 an affidavit set.
ing forth tho namo or names OF such bidder
and of all aud every porson, directly or in
directly interested in obtaining said lease
and, if firm, setting forth the individual
names of the members of the same, and
that neither said bidder or bidders, or any
person in their behalf, had or did associate,
confederate, colude 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 cheat
| ing or dofrauding tho State in obtaining
said lease or the lease of any othcr section
| let at tho samo timO; and further setting
| forth that said bidder or bidders did not
and have not, directly or indirectly, pro-
| cured any person or persons to Withdraw
| any bid for tho purpose aforesaid, and said
affidavit shall be carefully preserved on file
| in tho Office of the Eoard of pnbIic works
and if il shall at any time Thereafter appear
that said affidavit was in any material re-
! spect false, il shall DO deemed and hold suf'
fcent cause for setting aside any lease sc
made, and holding the same rs null and
void, and the person or persons making
such false aud fraudulent affidavit, shall b,
deewed guilty of perjury, and may be in
dcted aud prosecuted therefor.
SEC. g. Ii shall DO a part of tho agree
ment between the lossoo or lesseos and thC
State, that tho lessee or lessoos Of any sec
ton or sections of said public works shall
pay tho rent aforesaid at the time anC
place specified in his or their lease, anC
shall faithfully fulfill all tho loyal contract
and covenants of the stale for the tern
aforesaid, contained in the water lesses oil
said section or sections, or in leases o
ground for lockhOuse or collectors offices
and all legal contracts for new construction
or repairs, and all arrangements or agree
ments entered into by the state of Ohio, b,
act of the legislature or otherwise with an