The Cadiz Democratic sentinel. [volume] (Cadiz, Ohio) 1854-1864, 1859-06-01

are Inserted untl the tine Of lifting Al pub6cnuc.
ton, and shall describe the works Il be led and r.
tine and place Of letting the same, and torms apon
Board Of Public Works on Tie said aaesaib daS
Of August next, between the hours Of ten o'rIock
A. NJ and tour o'clock Z. n. Of said day. a. he
place s~ioresaid, shall pressed, s1 public auction. 10
iet eaen secuon Tor the tenn Aforesaid, in The or
eer herein set forth, 70 the person or persons, Who.
in consideration Of the tolls 70 Be derivedfrom y.id
section, shall bid to pay he highest Annnual rent
therefor, and who shall give good security that be
OF they viii pay the same promptiyin ssmi-annu-
APayuents during said term, and viii keep the
said section in good and proper condition and re-
pair during the said term, comply With Ell the
terms Of his or their contract, and at. the expirA-
ton thereof, viii delivss up the same IN like good
manner As when received: Provided, however, that
nnirosd company or companies shah in any man
ner become parties 10 said bids or interested there
N, and provided further. that It shall be unlawful
Ior the lesee or lesees OF any Of said sections, or
their assigns, during the continuance Of their lea
ses Of sections to sell or sssign their interest or
any part ulsreoi to any railroad company or com
panies; and provided, further. that section one
shall not be leased for a less sum than forty ,thoa-
sand dollars, section two for not less than fifteen
thousand dollars. section three for not less than
four hundred dollars; aud provided that no 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. two 10 the sum Of two hundred and IF
" thousand dollars, and on section No. three IN
tne sum OF ten thousand dollars. The bonds shall
DC mhdeto the State OF Ohic, and be eve.
ry two Years or oftener If the board Of public works
shall think the security at any time insufficient:
Provided 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 me state OF Ohio, or Of the United States,
thr sum OF ten thousand dollars upon the condi-
tons following, to wit: That he or they will take a
lease oil The section on which he or they shall bid
II II shall be struck off 10 him or them, and give Sc
eurity Tor the same, as herein provided, and in de-
IaGit thereot the security so deposited shall be alb
solutely 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 provisions of this act, they SHALL re-
quire the bidder or bidders to whom said lease
was awarded, TO make and sign an affidavit setting
iofth the name or names of such bidder, and Of all
and every person, directly or indirectly Interested
~ obtaining said lease, aud, if Il firm, setting forth
the mdl'idual names of the members Of the same,
ana that neither said bidder or bidders, or any
person III their behalf, had or did associate, confcd-
crate, conclude or combine with any pcrson or per-
sons, directly or indirectly, for the purpose pre-
venting competition in bidding for said lease. or
IN any way cheating or defrauding the State in OBJ
tanning said lease or the lease Of any other section
at the same time; and further setting forth that said
bidder or bidders did not and have not, directly or
indirectly, procured any persons or pereons to
Withdraw any bid for the purpose aforesaid, and
sald affidavit shall be carefully preserved on file
IA the Office Of the board of public works, and if il
snail at any time thereafter appear that said affda-
Wit was in any material respect false il ahalI he
deemed and held sufficient eanse for setting aside
any lease so made, and holding the same as null
ana VOID, and the person or persons making such
false and fraudulent affidavit, shall be deemed
guilty OF perjury, and may be indicted and pros
ecuted therefor.
Sec. ;. It shall be a part of the agreement be-
tween the lessee or lcssees and the state, that the
lessee or lessecs of any section or sections of said
pubic works shall pay the rent aforesaid at the
tlne ana place specified in his or their lease, and
shall faithfully fulfil all the legal contracts and COW
chants OF the state for the term aforesaid. contain
cd IN the water leases on said section or sections.
or IN leases OF ground for LIGHTHOUSE or collectors
oihces, and all legal contracts for new construction
or repairs, and all arrangements or agreements
entered INTO by the state of Ohio, by act Of the leg
lsiature or otherwise with any state or corporation
or with the government of the United States. dur
ing the term aforesaid, and shall ut all times, when
the season will permit. and the water is not neces-
sarlly drawn out of said section or sections for re-
pairs or new construction, or obstructed with ice.
or by reason Of some unforeseen breaks in some
structure of the public works, or on account of
ScarltY Of water produced by drouth, keen the
same III good and proper condition and repair, and
snail make all necessary and needful repairs and
reconstruction under the direction of the board of
pnonc works or engineer employed by the stntc.-
But no change OF plan or Of material shall be re-
CURED 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 leSSecs Of any section
OF sections shall permit all persons to navigate said
canals and improvements, and travel on said road
making no distinction in tolls charged or in priyil.
eyes granted, IN favor of any person or company.
but no person or company shalfbc permitted to use
any steam power on any of said canals. without
the consent Of the lessee or lesseeS. or their suc-
CpSSUfS or asSIunS and thu rntac ~ fc1l ,,,n, al
ARTICLES transported .pon said public works or any
part thereof, or travel upon said road shall not
upon any article exceed the last published rae, of
me state tor 1853, aud which took effect prior to
the passage OF this act, and if the lessee or lessees
do not fulfil all the covenants contained in their 70.
SpectiVe leases, the same may be forfeited at the
option Of the board Of public works. In ease said
board shall declare any section forfeited as afore-
SAID, they shall cause All entry to that effect to be
made upon the journal Of their proceedings, and
shall Immediately notify, in writing, the lessee or
iesSees Of such section Of their action, and shall
aiso IN said notice separately and distinctly specify
the grounds upon which such forfeiture is declared
anu III all such cases the action of said board shall
be hnai unless within six days after the service of
said notice, the said lessee or lessees shall flo in
the office of said board, or with a member thereof,
ms OF thelr written protest denying or otherwise
taxing issue upon the charges so made bv said
BOARD IN whole or in part. And upon filing Of said
protest, the board or a majority thereof sbal on.
point a referee in behplf Of the state; and said les.
sec or lessces shall also appoint a referee on his or
their behalf, and the two referees so apnointed
SHALL nominate aud appoint q third referee in con.
junction with tllcm to hear aud determine said mat
Ger IN issue. The Referees shall as soon as pranti-
cable, alter their appointment agree upon a time
LOT meeting not exceeding ten days after the ap-
Poihti!lchl OF sand last appointed referee unless Inc
BOARD and sad lessee or lessces otherwise agree.
ana shall also fix some convenient place within the
state, where said parties shall be heard, and when |
assembled al the tIRln upd plnao Fl vi M az n.;l I'll 7
referees shall proceed to hear, adiudge and deter.
mine the matters in controversy aforesaid. and shall
make their award in writing and deliver COPY of
the same to the board of public works, and also to
me sala lessee or lessees. and if said referees, or Il
majority OF them, shall award that said charres or
any OF them, are true, and that the same consti-
tute "a good and sufficient cause why said lease
shall be declared and held as forfeited. the said
lessee on lessces shall immediately thereupon sur.
rchder up pcaceable possession of said section and
oi all the property OF the state appertainine there
to TO the member of said board having charge of
SAD section, and shall also be liable to the state on
bis or their bond aforesaid. But in case said refc-
rees, or a majority Of them, shall award that said
charges are not true, or that being true they do
not constitute q sufficient cause for declaring said
lease forfeited according TO the provisions Of this
they shall determine the costs Of the proceed.
!!nss In said case, and the same SHALL be retained by
lessee or ~lcssees, from the next succeeding nav.
nent made BY him or them to the state. Said ref
s'stf ~ Ntht1Sbs ~ lie 5tiLe VI UDlO. aud
therein; and the third referee herein
provided for, shall be appointed by the board of
public works, IN case the referee in behalf of said
essee or lcssces shall refuse or neglect to act for J
ne purpose OF appointing the same. Said refere, !
nan nave power to summon and compel the atten.
lance OF witnesses, and shall each receive for their +,
the sumo per diem and mileage as is now :
allowed by law to members of the legislature !
Ind witnesses in such cases shall be allowed the :
anne fees as is by law allowed to witnesses in civil i
uits. II any lessee or ~lcSsees, or any employee \
Inder him or them, shall refuse to deliver up any =
ectiol declared and held forfeited in accordance 4
With the provisions OF this act, or any property Of '
he state appertaining thereto, or shall resist any /
OF the board of public works, or other Of. j
Ger employed under said board, in the execution "
! ms duty, after said torfeitureis duly declared, he /
u they shall, upon conviction thereof, be fined in !
ny sum not less than one hundred dollars nor |;
acre than five hundred dollars, or be Imprisoned i
! the county jail not exceeding six months, or =
9th, ut the discretion Of the court; provided, that 81
he contracts for new conztruetion and rc,,;rs on "