The Cadiz Democratic sentinel. [volume] (Cadiz, Ohio) 1854-1864, 1861-06-26
Passed May l, 1861.


ROBERT C, KIRK,
President of the Senate.
Passed May !, 1861
ITNo.7s.l AN ACT
To provide for leasing of the leasing of the public
Works of the State.
Be it enacted by the General Assembly of the
See. l. That the governor, auditor and treas.
urer of state be, and they are hereby authorized
and required as hereinafter pr divided to lease, for
the term of ten years. from the dav of the approx
al of the boiid herein required the public works
OF the state, consisting of the Miami and Erie Ca
nal Ohio canal, Walhonding canal, Hooking canal,
Sandy and Beaver CANAL Muskingum Improve
ment and Western Reserve and Maumee roads
all the side cuts, feeders, reservoirs, ock.hOuses,
collectors Offices, wegh-locks, and leases of
plus water connected with the same or appertan-
ing thereto, and owned by the state, for the pur.
pose of being used in connection Herewith, with
the right to have additional surplus water; and all
moneys derived from the lea9ing of said public
works shall be paid into the treasury of the state
Sec. g. Immediately after the passage of this act
the said governor, auditor and treasurer shall ad
vertise the said puulic works, with their appurtan
ces as specified in the first section of this act to
be let for the term of ten years, at public auction
in the rotenda of the state house, in the city of
! Columbus, between the hours of 10 A, NJ, and
clock F., of the day of letting which shall be on
| the twenty ninth day Of May A. D. 1851; and said
| advertisement shall be published in two newspa-
pers printed and OF general circulation, in each of
the cities of Cincinnati, Cleveland, Dayton, Co.
lumbus, Toledo and GAINESVILLE, which advertise
ment shall be continued in the papers aforesaid
until the time of said letting, and shall describe
the works to be let, specify the time and place of
letting the same, and the terms upon which said
works are to be let. And the said governor; aud
itor and treasurer the said twenty ninth day of
May, A. ID. 1851, and between the hours of 10 o.
clock A. NJ. and o'clock P. NJ thereof and at the
place aforesaid shall proceed, at public auction, to
let said public works, for the term of ten years, as
"foresaid. to the person persons who in cousid-
Grafton of the tolls, fines, water rents, and reve-
uues to be derived therefrom, shall bid to pay the
highest annual rent therefor to he paid in semian
nual payments, IN advance, in each year during
the term of said lease: Provided, that bid shall
be received unless the person or persons making
the same shall have first deposited with the audi
tor OF state, in money or in stocks of the State of
Ohio, or of the United States, the sum of twenty
thousand dollars, upon the conditions following,
to-wit: That he or they will on their part, enter
into indcnture of lease of said public works with
the State of Ohio, If the same shall be struck off
to him or them, and also give bond payable to
the state OF Ohio, in the sum OF two hundred thou
sand dollars with five or more sufficient suretes,
to the satisfaction of the Governor, auditor and
treasurer of state and renewable every two wears,
or oftener if the governor auditor and treasurer of
state shall thine the sureties at any time inefficient
conditioned that the said leasee or leases shall
perform all the covenants of said lenses on their
part to be performed, and will pay all damages
suffered by the state or individuals by reason of
his or their failure to do so and in default of said
lcasce or leases entering into said indenture of
lease, and giving said bond, the dcposite so made
as aforesaid shall be absolutely forfeited to and
become the property of the state; and provided
further. that no railroad company shallin any man
ner become party to sad bids, or to be interested
therein in said ease and ii shall be unlawful for
the leasee or leases Of said public works or their
assigns, during the continuance of the term of said
lease, to sell or assign the same or tny interest
therein, to any railroad company or to any trustee
agent other person for or in behalf of any rail-
road company; and all assignments so made shall
be null and void and provided further, that said
public works shall not be let for an annual rent of
less than twenty thousand dollars. ---
Sec. 8. The person or persons who shall be the
successful bidders at such letting, shall within five
days thereafter. enter into an indepture of lease
with the State of Ohio, which shall be executed by
the governor in behalf of the state, and which shall
contain all the covenants, agreements reservations
and stipulations between the parties, required by
this act, necessary to carry out its provisions and
within the same time said easee or leases shall
execute and deliver the bond mentioned in the pre-
eeediug section: Provided that if the successful
bidder or bidders shall fail within said five days to
enter into said ndenture and to deliver said bond,
then the governor shall give notice of another let
ting and appoint day not less than two weeks
nor more than three weeks thereafter, when he
will receive bids in accordance with the provisions
Of this act Provided, further that the annual rent
shall not be less than twenty thousand dollars.
Sec. 4. 1t shall be the duty Of the attorney
general Immediately after the passage OF this act
to prepare the form of bond and indenurc Of lease
herein required; and 1t shall be part of the con-
tract between the lessee or lessee and the State
that the lessee lessees shall pay the rent afore
said at the time and place specified in his or their
lease, and shall faithfully perform all the legal con-
tracts of the State for the term aforesaid contained
in the water leases on said public works, or on
leases of ground for collectors offices or lock
houses, and all agreements entered into BY the
State of Ohio, by acts Of the general assembly or
otherwise with any person or persons state, cor
poration or company, or with the United States,
relating to said public works, during the term
aforesaid and shall at all times, when the season
will peamit and the water is got necessarily drawn
out of said public works. for repairs or new con-
struction. or when said works are not obstructed
by ice or by reason of some unavoidable breach in
some structure of said works, or some casualty or
on account of scarcity of water produced by
drought. keep the same in good and proper con-
dtion and repair, for prompt, speedy, and success
ful navigation by all boats not drawing more than
three feet of water, and SHALL from time to time
make all necessary and proper repairs and recon
structons as the board may require, and under
the direction of the board, or an engineer appon-
ted by said board, so as to keep said public works
in good and proper condition of repair, and deliver
up said public works the state of Ohio at the terr
mination of said lease in like good condition but
no change of plan or materials shall be required
which shall make the works more expensive than
the old plan or materials used and alsuch repairs
shall be made at the time determined upon by said
board, and after a reasonable notice of the same
shall be given by the board to said easee leasees
and the leasee or leasees Of said public works shall
permit all persons to navigate said canals or travel
upon said road, making no distinction in tolls
charged or privileges granted in favor of any per-
son or company. And the rates of toll charged on
the canals shall in no case exceed those adopted
by said board in their TOLLS sheet ,f 1855 nor on
said road the rate adopted by said board In 1882
Seed. If said lessee or lessees shall not fulfill
all the covenants contained IN said lease by him
or them to be performed, the said lease may be
forfeited at the option Of the board Of public
works; in case said board shall declare said lease
forfeited as aforesaid they shall cause an entry to
that effect to be made upon the journal of their
proceedings, and shall Immediately notify 10 writ
ing the lessee or lessees OF their action and shall
also in said notice separately and distinctly speci
fy the grounds upon which such forfeiture is de-
clared, and in all such cases the action of said
board shall be final unless within ten days after
the service Of said notice. the said lessee les
sees shall file in the office Of said board his or
their written protest denying or otherwise taking
Issue upon the charges so made by the said board
in whole or in part, and the name of referee,
whereupon the board shall appoint second refs-
rec and shall notify the governor of said protest,
who shall thereupon appoint a third referee, who
shall be an experienced lawyer. The referees
shall be citizens of Ohio, and shall as soon as