The Perrysburg journal. [volume] (Perrysburg, Ohio) 1853-1861, 1859-10-27
l. A w S o + o Ill | o
PUBLISHED BY AUTHORITY.
AN AcT

hs State of OHIO, That for tho purpose Of leasing
the Public Works OF said state, they hereby diyi
ded into the following sections, 10 wit -
Section No. l, embraces the Miami and Erie Cana
and all the side cuts feeders and reservoirs connect
edtherewth together with the lock- house, collectors
Offices, weigh locks and leases ofsurplus water there
from, and all the water rents and privileges pertain
ing thereto, and OF land used In connection there
with.
Section No. q to embrace the Muskingum Improve
pdent, the Ohio Canal the Hooking Canal, the Wal.
hohding Canal and all the side cuts, feeders and re.
servoirs connected with said section. together with
the ockhouscs collectors Offices, weigh locks. and
leases of surplus water thcrefrom and all the water
rents and privileges pertaining thereto, and of land
used In connection Herewith.
Section No, 3, 10 embrace the Western Reserve and
Maumes Road and all toll gates thereon.
All moneys derived from the leasing Of said sections
TO be paid into the State Treasury and form part of
the sinking fund.
Sec. O. Immediately ofter the passage of this act,
the Board Of Public Works shall advertise said see.
tions 70 let for tho term of gve years Mt public auc
ton, the steps Of tho State House, in the city OF
Columbus, between the hours of 10 A, NJ. and o'clock
=. NJ of the day Of letting which dy shall be the
10th day of August next Said advertisement shall
be published in two papers. printed aud III general
circulation In the cities OF Columbus, Cincinnati, To
ledo, Cleveland hnncsville aud Dayton. New York.
Boston, Philadelphia aud Baltimore, which edyer-
tsements shall he continued in the papers in which
they nay be inserted until the time Of letting at said
public auction. and shall describe the Works to be let
aud tho time and place of letting the same and the
terms upon which said lettings are to be made. And
the said Board of Public Works, the said 10Th day
of August next, between the hours of 10 o'clock
and o'clock, p. IN. of said day nt the place nfOrc.
said, shall proceed at public auction, to lot each
tion for the term aforesaid in the order herein
forth TO the person persons whO IN consideration
OF the tolls TO be derived from said section shall bid
60 pay the highest rent therefor and who shall give
good security that he or they will pay the same
promptly in semi-annual payments during said term,
aud viii keep the said section In good ana proper
dition and repair during said term, comply with
the terms OF his or their contract and ~ the cNplu
tiun thereof, viii deliver up the same in like good
condition ns when received: Provided, however that
no railroad cOmpann or omtar les shall IN any man.
ner become parties 60 said bids Interested therein
and provided further that it shall be unlaw ful for the
lessee or cssces of any of said seCtiOds, their
signs during the continuance of th lir lenses of said
sections to sell or assign their interest any part
thereof TO any railroad company or compan ca and
provided further that section one shall not be leased
for less sum than forty thousand donrs-secon two
for not less than itocn thousand dollars aud section
three for not less than four hundred dollars aud pro
vidcd that no one section shall he let unless all said
sections are let. The security section No j. shall
be IN the sum of two hundred and fifty thousand dol.
lars, on section z, in the of two hundred aud lift,
thousand dollars, aud on section No. g. in the of
ten thousand dollas. The bonds shall lie made to the
St,to,Ol Ohio and be renewable every two years. or
ofener, If the Board of Public Works shall think the
secpiN Vt any time Is insufficient Provided that
bid shall be received uuless the person or persons
making the same shall have first deposited with the
Auditor of state in motley stocks o tho State OF
Ohio, or of the United States, the sum Of ten thousand
uOnfs upon tnc CONDITIONS tolIUWin9, to Wit :-Ihat
he orthey VIII take lease of the section which
he they shall bid If it shall be struck off to him or
them. aud give security for the rs herein pro-
ydcd aud in default thereof the security so deposit
cd Shall he absolutely and wholly forfeited to aud be-
cQpe ihe money orpropery of the State. Before the
Board of Public Works shall sign and execute any
epse by virtue OF the prov Nslons OF this act they shall
require the bidder or bidders TO whom s,id lease was
awadcd, to make aud sign an affidavit setting forth
the name or names of such bidder and of all aud every
person, directly Indirectly interested in obtaining
raid lepse, and ii firm setting forth the individual
plnes OF the members of tho same, and that neither
said bidder or bidders, or amy person in their behalf
had or did associate, confederate, coude com
bpc with sny person persons, directly or indrect-
", Tor tho purpose of preventing competition in bid
ding for said lease, or in any way cheating delaud
ipg the state IN obtaining said lease, the lease of
any other section let At the same time and further
setting forth that sad bidder bidders did not and
have not, directly or indirectly procured any person
or persons TO withdraw any bid for the purpose aioro
said and said affidavit, shall be carefully preserved on
hle In tho office of the Board Of public Works, and ii
shall n any time thereafter appear lhat said affidavit
was In amy material respect false, it shall bo deemed
and held sufficient cause for setting nside any lease
made, and holding the same ns null aud void. aud
and the person persons making such false aud frau
dulent affidavit, shall be deemed guilty of perjury
apd may be indicted and prosecuted therefor.
See. p. II shall be part of the agreement between
the lessee or essees aud the State that the lessee or
lessees of any section sections of said Public orks
shall pay the rent aforesaid at the time and place sps
c6cd in his their lease, and shall faithfully fulfil
the term aforesaid, contained in the water leases on
said section sections or in leases Of ground for lock-
houses or collectors Offices and all loyal contracts
for construction or repairs aud all arrangements
or agreements entered into by the State of Ohio by
act OF the Legislature otherwise with any State
Corporation or with the Government of the United
States during tho term aforesaid aud shall att times
when the season will permit aud the water is not ne
oessarily drawn out of said section or sections for
pairs new construction or obstructed with ice or
by reason OF son,e unforeseen breaks IN some sruc
Nnrn thA liz nglN nj Of N.l
water produced by drought keep the same in good
and proper condition and repair, and shall make all
necessary and needIu repairs ana re construction IN
der the direction of the Board Of Public Works or En-
pineer employed by the State. But no ehadge of plan
of material shall be required which shall make the
work more expensive than the old plan or materials
used and all snCh repairs shall he made at the time
determined by said Board, aud tho lessee lessees
of section sections shall permit all persons TO
navigate said canals and improvements, and travel on
said road, making no distinction in tolls charged or IN
privileges granted in favor OF any person or Comya
ny, but no person or company shall bo permitted to
use any steam power on any of said canals, without
the consent of the lessee lessces, their success
assigns and the rates of toll upon all articles
transported upon said Public Works any part there
Of travel upon said road shall not upon article
exceed the last published rates OF the State for 1880
and which took effect prior to the passage of this act
and tte lessee OF essoes do not tlhl AL the cove
Rants contained in their respective leases, tho same
may be forfeited at the option OF the Board of Pubc
Works. In case said Board shall declare amy section
forfeited as Aforesaid they shall cause entity TO that
effect TO he made upon the Journal of their proceed
ings, an0 shall immediately notify, IN writing, the
lesseo cssees or such section OF their action aud
shall also in said notice separately aud distinctly spe-
city the grounds upon which such forfeiture is de-
elared and IN all such cases the action of said Board
shall be nna, unless within six DAYS after the service
of said notice, the said lessee lessees shall ie in
she office of said Bonrd, with member thereof his
or their written protest denying otherwise, taking
issue u the charges made by sau Board in whole
or in part. Aud upon ding of said protest the Board
or majority thereof shall appoint referee in behalf
of tbeSate and said lessee lessees shall also ap-
point 0releree on his their behalf and the two re-
fcrees appointed shalt nominate aud appoint u
third referee in conjunction with them To hear and
determine said matter in issue The referee shall as
soonas p actlcuhle afterther appointment agree upon
a me for meeting not exceeding ten days after the
appointment OF said last appointed reeroe unless the
Board and saidesses or esSees otherwise agree aud
shall also hN some convenient place within the State
where said parties shall be heard and when assembled
NJ ihe time and place fixed aforesaid said referee
shall proceed to hear adudge and determine the mat