Delaware gazette. [volume] (Delaware, Ohio) 1855-1886, 1859-07-22
,nANs o. Ol4xO.
OFFICIAL

Section 1. B. itet.acted by the General Assembly OF
h. - n, of onfo,- That for the Fogrjse of leasing the
pubic works Of said state, they are hereby divided into
scciiSn MI .orerrbrscs the Miami and Erie Canal and
IN tn, side cuts, feeders and reservoirs connected there
s1igAIocks, and leases Of surplus watHr therefroHis and
FL the water rents and privileges pertaining thereto, ana
III land used in connection therewith. !
Section No. two To elnbrI ace the Muskingum improve
mont. Ohio Canal, the Hooking Canal, the Walhoundlng
and all the side cuts, feeders and reservoirs eon
ncct-t with SAID section, together with the loekhoustsr
Offices, weighiocks. and leases OF surplus wa
ter therefrom and all the water rents belonging and perta-
ing thereto, and all land used in connection thsrevIel-
sec uaat ho4 1sfse % enbFaGc the Western reserve aAu
NtTmee Road and all ssl gates thereon 1
All moneys~leriyed fronkthe leasing OF sah sectiohs 70
be paid into the state treasury and form a part Oh the
sinking fund. - |
Bbard OF Pubic Works shall advertise said sections TO be
stems = Of Of The STATE House in the city of Columbus between
ths hours of ten O'Clock a. m. and fonr clock p m. OF
ttc day of letting, which day shall be the fifteenth day
81 August next. said advertisement shall be published
in two papers, printed and in general circulation in the
cities OF Columbus, Cincinnati, Toledo, Cleveland, lanes
willie and Dayton, New York, Boston, PhiladelpfEa and
baltimore, which advertisements shall be continued in
the papcrs in which they may be inserted until the time
OF letting at said public auction, aud shall describe the
works to be let, and the time and place of letting the
a and the terms upon which said lettings are to be
made. And the said Board Of Public Works, on the said
fifteenth day of August next, between the hours OF ten
O'Clock q. m. and four o'clock p. m. OF said day, at the
place aforesaid shall proceed, at public auction, to let
each section for the term aforesaid, In order herein set
forth, to the person or persons who, in consideration oil
the tolls to be derived from said section shall bid To pay
the highest annual rent therefor, and who shall give gooi
security that he or they will pay the same promptly in
semiannual payments during said term and will keep the
said section in good and proper condition and repair dur
ing said term, comply with all the terms 81 his or tlren
con tract, and at the expiration thereof, viii deliver up
the same in like good condition as wien re-
ceivsi : Provided, however that no railroad company or
COMPANIES shall in any manner become parties to said
bids or Interested theIeln, and PROVIDED further, tnatn
sections or their assigns, during the continuance OF their
any part thereof to any railroad company or companies !;
and provided further, that section one shall not be leased
for a less sum than forty thousand dollars, section two
for not les than hfIcen thousand dollars, section ,sa,ree for
notices. than four hundred dollars and provided that
40 one section shall be So let unless all said sections are
let. The security on section No. !, shall be in the sum
OF two hundred and fifty thousand dollars, on section No.
and on section No. 8 in the snlfs of ten thousand dollars.
The bonds shall be made TO tilefState Of Ohio and be re-
R n saesss sassh tnDk the. security at a. any inn Is S insult
6ciel.t Provided that no ord SHAH be received unless the
person or persons making the same shall have first dePos-
he'd with tho auditor Of st,te m money or in stocks
Of the state of Ohio. or of the United States, the
shm Of ten thousand dollars upon the conditions follow
ing TO wit That he or they will take a lease of the sec
ton on which he OIL, they shall bid if it shall be struck
OF to hun or them; and give security for the same, as
hercin provided, and in default thereof the security so
deposited, shall he absolutely and wholly forfeited to
and become tae naeney or property of the state. Befn:1
The hoard OF public works shall sign and EXCITE ary
lease by virtue of the provisions Of this est, the. shall
awarded, to make and sign an affidavit setting. forth the
name or names of such bidder, and of all and every
person, directly or indirectly interested in obtaining said
lease, and, if a firm, setting forth the individual names
Of the member of the Same, and that neither said bid
der or bidders or any person in tesir behalf, had or did
associate, confederate, collu6s or combine Nth any per
son or persons directly or indirectly, for the purpc~eo I
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 and further setting forth that the bidder or bidders
sons 70 withdraw any bid fer the purpose Aforesaid. and
said affidavit shall be carefully preserved on ne in the
any tiWe thereafter appear TINT said affidavit was in any
material respect false, 1t shall be deemed and held sui
ncient cause for setting ASIDE any lease SO made, ard
holding the same as null and void, and the person or per-
sons making such false and fraudulent affidavit, shall be
oorno entity nj nnriuFV ami m 1r he inditnA 1nl rarnc
sec 8. IL shall be a part Of the agreement between
the lessee or lesseesr and the State, that the lessee or
lessets of any section or sections of said public woaks
fed in his or their lease, and shall faithfully ful6l ali the
legal contracts and covenants of the State for the term
Aforesaid, contained in the water leases Q said section or
sections, or in leases of grounds for lock OF col
iectors Offices, and all legal contracts for new construction
or repairs, and all arrangements or agreements entered
into by the State of Ohio, by act o. the legislatureor 9TH
erwise with any State or corporation or with the govern
shall at all times, when the season will permit, and the
water is not necessarily drawn cut of said section or sec
tions for repairs or new construction, or obstTucteo WITH
structure of the public works, or on account of the scar.
c,ty of water produced bv drouth keep the same in good
and proper condition and repair, and shall make an nee
essary and neeiful repairs and reconstruction under the
direction Of the. board of public works or engineer en-.
ployed by the State. But no change of plan or of ma
terial shall be required whiah shall make the work more
such repairs shall be made at the time determined by
eaid board and the lessee or lessees of any section OF
sections SHAH permit all persons to navicatc said canals
and improvements, and travel on said road, making 10
distinction in tolls charged or i'll privileges granted. il
favor Of ans person or company, but no person or com
pauy shall be permitted to use any steam power on any
of said canala, without the consent of the Lessee or lessees
or their successors or assigns. and the rates of toll upon
all articles transported upon said public works or any
part thereof, or travel upon said road, shall not upon any
article exceed the last published rates of the. State for
1859 and VIII ich took effect prior to the passage OF this
act, and the lessee or lcssees do not fulfil all the coven-
ants contained in their lenses, the same may be for feited
at the option of the board of public works. In case said
board shah declare any section forfeited as aforesaid they
shall cause an entry to that effect to be made upon the
S1urnal of their proceedings. and shall Immediately notify
In writing, the lessee or lessees of such section of their
action, and shall also in said nstsce seIcrately and dis
tinctly' specify the grounds upon xhich said forfeiture is
declared, and nall such cases the action of said board
shall be final unless within six DAYS after the service OF
said notice, the said lessee or lessees shall file in the of.
nee of said board or with a member thereof, his OF their
she charge 50 made By Said board in whole Or n paTt.@
And upon fling of said protest. the board or a majority
and said lessee or lessees shall also appoint a referee Oh
his or their aehaf, and the two referees so appointed shall
nominate ERd appoint a third referee in conjunction with
thsmitorhear and determine said matter in issue The
fefe-e es sheu as soon as practicable. after their appoint
naent agree upon a time for meeting, not exceeding tel
days after the appointment OF said last appointed refcret
Unless the board am. saii less &c or lessoes otherwise agret
and sha II also fix some conyt "ient place within the STATE
where said parties shall be lhearu ana when assemo ice
at the time and place so fixed a. afortSalo, saiu relerces
shall proceed to hear, adJudge and oEtermi8e the matters
m controversy aforesaid, and shall maze tE%lr awart
in writing and deliver a copy OF the same toshe b Faiu =
public works, and also to the said lessee or lessNes, :. ~
if said referees, or q majority of them, shall aware, thai
said charges or any Of them, are true, and that the SAM
constitute a good and sufficient cause INV said lease shall
be declared and held as forfeited, the said lessee or lessees
sTaf immediately thereupon surrender up peaceabe
possession of said section and OF all the property of the
state appertaining thereto to the members of the board
having charge OF shid seetion and shall also be Liable to
the state on his or their bond eforessad But facaser said
referees, or a majority of them, shat. award sAst said
charges are not true or that being true they To.uot con.
stitute a sufficient cause for declaring said leaae forfeited
according to the provisions Of this act, they shall deter
mine the costs of the proceed ings in said case, and the
same shall be retained by said lessee or lessees from the
next succeeding payment made 6yihim or them to the
eNste. Said referees shall be citizens Of the State of Ohio,
aud reeholders~tAere:u land tis third referee herein
PROVIDED for, SHSSA ~ appsfufed bEthe b0aru~ OfsDnblc
works, in case the referec M behalf OF said lessee or lcseps
ing the same. said referees shall have power tc<sdhfi
msn and compel the atssndance of witnesses anal each
shall receive for their services the same per diem' and
maacagc as is now allowed Bylaw to members of the lcgs.
laturc. And witnesses in such eases shall BIZ allowed the
edinefees as is by law. allowed to witnesses in civ il suits.
II any lessee or fesses, or any employee, under him or
them, shall refuse to- deliver up any section declared and
heht forfeftedfn r accordance with the provisions OF this
act, OF anytproperty of the state apPertaning thereto or
shall resist any mellsser or the board Of public works,
orothef officer employed rntIer said board, in the exesi-
ten pf hls duty, after said f5steirare is declared, he-or
leks than one hundred dollars ffsrs nasre than five htAi-
dredidollars, or be imprisoned in the comfy Jail not lex
rseding six months, OF both at the discretion OF the court
provided, that the contracts for newt construction and re-
pairs on any of said sections, now in force; or entered
into between this TINS am. the fifteenth day @ August
next, shall not in any case exceed the amount by this act
appropriated fer SAID section, and the contract price for
Sect ThcIeasesaafsrsssid shall he executed and de-
livered by said board to the lessee or lessees on said board
che section.or sections &c the public works struck on as
Aforesaid TO the highestbidder aud for the term afsresaid
NAiSnl edSe. NneH S6e1esuUcd and deHVered - Sfau -fRt
TIE tarm Aforesaid, EcsF iassead lesseeS or. lessses ali the
franchises now owned and possed by the State, in regard
to slid public works together with the right TO appoint
superintendents collectors, and other officers and agents,
shall have and exercise the same power and authority in
the collection Of tolls and water rents, and the levying
OF fines as can now by law be exercised by similar off
GERS and agents appointed by the State and said lessees
shall be governed by tho rules.an regulations for navi
gazing the cahals and Muskingnm Improvement, now in
force, snbjectl 10 such alterations and additions as may
hereafter be established by law or the board OF public
works. At'
Sec. s. IN shall be ths1duty of the attorney general
and he is hereby reeHiFed 70 prepare a forTrof bond and
lease in furtheraBoeof the provisions of this act to bt
used between; theState of ohPo-and the lessees Of tHs pub
Tic works, and the beard of. public works shall have the
same printed and readysfs rims ection4 on or before the
first day of August next, which form and no, other shall
be used in completing and executing the contract enter
cd into by the lcssees Of the public works. as Proytdet