Dayton daily empire. [volume] (Dayton [Ohio]) 1850-1865, 1859-05-20
THE CANAL LAW.
AN ACT
April4 1859

No 220 AN ACT
Making appropriations for the tuperntendence and
repairs OF the PUblc Works for the fiscal year
ending November IS, 1889, and pros ding for
leasing the same
SECTION |. Be it enacted by the General Assembly
OF the State OF Ohio That for the purpose OF leasing
the public works oisaid state. they are hereby d..
wded into the following sections TO wit:
Section No. to embrace the Miami and Erie Ca,
mol aud all the side cuts, feeders and reservoirs
connected herewith, together with the ockhouses,
collectors offices, wegblocks aud lenses Of surplus
water iheTeiron, aud all the water rents and prlyi-
egcs prtanng thereto, and Of laud used in conupcS
ton herewith.
Section No. two to embrace the Muskiughum In
provement, Ohio Canal, the Hoeking Canal, the
Walk0nding Canal, and all the side cuts feedors
and oir connected with said section together
with the lockhousts, collectors Offices weighocks
and leases VI surplus water thereircm and oil the
wafer rents, and privileges pertaining thereto, and
al and used in connection Herewith.
SIcIiOu No. three to embrace the Western Reserve
aud Maumee Road aud all toll gates thereon
All moneys derived from the leasing OF said sec.
tiuus TO be paid into the state treasury aud luIin
part Of the linking fluid.
Sec, g. Immediately after the passage OF thi; ac,
the Board Of pOblic Works shall advertise said sees
lions ~ he let for tie term Of five years nt public
auction the Of the State Hunse in the city OF
SululNUub ocANctn lh0 uOuIt OF ten o CLOCK o..
aad four o'clock p. IN. Of tho day of letting which
day shall be the fifteenth day oil August next said
advertisement shall be plblished in Two papers,
printed and in geuernl circulation in the cities Of
Columbus. Cincinnati, Toledo, Cleveland, Zanesyille
aud Dayton New York, Boston, PHILADELPHIA and
| Baltimore, which advertisements shall be continued
| ID the papers in which they may DO inserted until
The time oi letting al said public auction and shall
describe the works 10 bs let, aud the time and place
Of letting the same; and The terms upon which said
/ lettings are TO BE- made, And the sand Board Of
| Public Works, the said fifteenth day Of Angus,
next, between The hours Of ten o'clock a. u and
iour O'Clock m. oi said day, at the place aforesaid
shall prucccd at public auction, to LET each section
for The term aforesaid ui the order herein set FORTH
to the person pertouB who 10 consideration Of the
tolls To b. derived from said ton shall bid to pay
the highest annual rent therefor, aud who shall give
god secutiiy thnt he or they will pay the same
promptly 10 semi annual pay mrnts during said Term
and viii Keep the said section in good and proper
condition and repair during said term, comply With
all the ttrms Of his their contract and at the ex~
piratiOn thereof, vail deliver up tie same IN like
good condition as when te,iytd Provided, h0w>
ever that no railroad company companies shall in
amy maRuer become parties 10 said bids interested
therein, aud provided lurlher, that il shall be IN.
aw Tor the lessee or lcssees Of any Of said sections
or their asAgns, during the continuance Of their cHs
Of said dhtions to sell assign their intere, or
any part thereof To Auy earoad company or compAN
nirs; aud provided luther that section one shal
not be lunsed Tor less Than forty thousand dol
lafs section two for not less than fifteen thousand
dollars section three for less than four huHdfed
dollars aud provided thai 10 section shbll be
let unless all said sections are let The security on
section No | shall be in the sum ol two hundred
aud fifty thousand dollars, on section No. IN the
sun OF TAO hundred and fifty thOusaud dollars a0d
on seciiun No. 10 the sum Of Ten thousand doars
The bonds shall be made to the State OF Ohio aud
10 nCwLbe every two years ccner Il tha board Of
public works shall think the seeurily at any lime is
insufficient: Provided iha, no bid Shall be teetiYed
uIlsss the person or persons making the same shall
have iirst del OsiIed with the auditor OF slate in
money or 10 stocks OF the State Of Ohio or Of the
United Ststes, the sum ol ten thousand dollars up.
on the conditions following 10 wit: That he or they
will lake lease OF the section which be they
shall bid II II shall be struck off 10 him or them aud
give secgfiiy Tor the zane, as heien provided and
Ia default thereof the security 20 deposited shal be
absolutely aud wholly forfeited 10 aHd beotns the
money or property OF the state. Before The board Of
pablic works shall sign aud execute any lease BY
virtue Of the provisions OF this act, they shall require
the bidder or bidders 70 whom SAID lease wss aWar.
ded 10 make and sign an affidavit setting forth the
name oy names Of such bidder and VI al aud every
person, directly or indirectly interested IN obtaining
said lease, sRd, irn, setting forth the individual
usnUs U tho members OF the sauo, and that neither
said bidder Ur bidders aRy person in their behsli
had uf did assOcStui confederate, collide conbine
nith any person or perSoOs. directly or orndreelly,
for the purpose Of preventing competition Ia bidding
for said lease, or ~ any way cheating delFsudipg
the State ia oblaiui0g said lease the lease Of any
Other section let at the time aud further setting
forth that said bidder or bidders did nol end have
directly or Indirectly procured aay psIsOR or per-
sous 10 withdraw any bid lor tho parpose aforesaid
and sad Affidavit shall Be carefully preserved 90 file
in The ollitg Of the board Of public WorEt and it il
,hall suy lime thereafter appear that ssd affidavit
was 10 any material rcspeetialse. Il sua be deemed
snd held sutieient for setting inside aay lease
so made aud holding the ialne nal! and void and
the prnon or poisons making sneh tuite aud Faedu>
lent affidavit, shall Be deeuel guilty Of pefiury, aud
may be indicted snd prosecuted therefor.
Sac 3. Il shall DO part oi the agreement between
the ossee OF lessees and be state that the ssaee sf
lessees Of any soaOn or seeth MS Of said peblc
works shall ay the rent aforesaid at the liUie aud
place specified 10 HE or their lesfe aud shall faith,
mlly iuhl ell The legal contncts aad covenants II
the State Tor the term sf0tossid. contained 10 the
water ieasei suid sssii0h sections In leasss
Of ground lor look.housei or collectors tees. aad
ull legal eonusels iOE new ecnsireiion " repair,
ynd al arrangements Or ogreemeBls catered inls b.
The Stats Of Ohio by sst q the legslaturs Othsrs