The weekly Lancaster gazette. (Lancaster, Ohio) 1860-1863, 1861-07-18
LAWS OF OHIO.
PUBLISHES BY Authority,

the State.
Be il enacted 5y the General Assembly Of the
State Of Ohio. as follows:
SECTION |. That the governor, auditor, and
treasurer of state be, and they are hereby au
thorized and required as hereinafter provided,
TO lease, for the term Of ten years, from the
day Of the approval of the bond herein requi'
red, the public works OF the state, consisting
of the Miami and Erie canal, ONO canal, Wal
honding canal, Hooking canal, Sandy and Bea-
yer canal, Muskingum Improvement, and Wes'
tern Reserve anu Maumee road, and all the
Side-cuts, feeders, reservoirs, LOCK houses, col
ectors' Offices, weigh locks and leases OF sur
plus water connected with the same or apper-
tanning thereto, and owned by the state, for
the purpose of being used in connection there
with, with the right to have additional surplus
water, and all moneys derived from the leas-
ing Of said public works shall be paid into
the treasury Of the state.
Sec. 9. Immediately after the passage Of this
act, the said governor, auditor and treasurer
shall advertise the said public works, with
their appurtenances as specified in the first
section Of this act, TO be let for the term OF ten
years, at public auction, in the rotnnda Of the
state house, in the city of Columbus, between
the hours of 10 o'clock, A. NJ, and o'clock,
P. NJ, Of the day Of letting, which shall be on
the twenty ninth day OF May, A. ID. 1861, and
said advertisement shall be published in two
newspapers printed, and of general circulation,
in each OF the cities OF Cincinnati, Cleveland,
Dayton, Columbus, Toledo and GAINESVILLE,
which advertisement shall be continued in
the papers aforesaid until the time OF SAID lets
ting, 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, auditor and
treasurer. on the said twenty ninth day OF
May, A. D. 1861, and between the hours or 10
O'Clock; A. NJ. and a o'clock, P. M, thereof
and at the place aforesaid shall proceed, al
public auction, TO let said public works for the
term Of ten years, as aforesaid, to the person
or persons who, in consideration Of the tolls
fines, water rents, and revenues TO be derived
therefrom, shall bid 10 pay the highest annual
rent therefor, 10 be paid in semi annual pay
ments, in advance, in each year during the
term OF said lease Provided that no bid Shal
be received unless the person or persons ma
king the same shall have FIRST deposited with
the auditor Of state, in money or in stocks o.
the State of Ohio, or of the United States, the
sum OF twenty thousand dollars, upon the con
dtions following, to wit: That he or they will
on their part, enter into an indenture 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 a bond payable to the State o
Ohio, in the sum of two hundred thousand
dollars, with FIVE or more sufficient sureties
to the satisfaction Of the governor, auditor ant
treasurer Of state, anG rene wable every twt
years, or oftener il the governor, auditor ant
treasurer of state shall think the sureties a
any time insufficient, conditioned, that the sait
lessee or lessees shall perform all the cove
nants Of said lease on their part to be perform
ed, and will payall damages suffered by tn
state OF individuals by reason Of his or thei
failure 70 do so; ard IN default Of said lessee
or lessees entering into SAID indenture Of lease
and giving said bond, the deposte so made n
| aforesaid shall be absolutely forfeited to an
become the property or the states and provi
ded further, that no railrOad company shall il
any manner become party to said bids or b
interested therein or in said lease; and it sha
e be unlawful for the lessee or lesSees of sal
public works, or their assigns, during the con
tinuance Of the term Of said lease, to sell o
assign the same or any interest th7rein, to an
: railroad company or to any trustee, agent, O
: other person for or in behalf Of any rallrOa
company, and all assignments so made Shal
= be null and void: and provided further, tina
said public works shall not be let for an an
nual rent Of less than twenty thousand dol
Q lars.
}. SEG. 3. The person or persona who shall /
=, RI the successful bidders at such letting, sha
~ within FIVE days thereafter, enter into an il
u denture OF lease with the State OF Ohio, whiC
J. shall be executed by the governor in behalf
10 The STATE, and which shall contain oil the CO.
, enants, agreements, reservations and sIipul
;, tioRs between the parties, required by this ac
"a or necessary to carry ont its provisions, al
J. within the same time said lessee or Jesse
d shall execute and deliver the bond mentiont
n in the preceding section: Provided, that il I!
= successful bidder or bidders shall fail with
10 said five days to enter into said indenture, al
IS TO deliver said bond, then the governor shi
d give notice Of another letting and appoint
ia day not less than two weeks nor more th
three weeks thereafter, when he will recei
u bids in accordance with the provisions Of Il
= act: Provided further, that the annual re
shall not be less than twenty thousand dc
\. lars.
SEC. 4. II shall he the duty OF the attorn
" general Immediately after the passage Of Il
j. act to prepare the form of bond and indentu
at OF lease herein required; and it shall be a pf
4 Of the contract between the lessee or lesse
/, and the State, that the lessee or lessees Sht
pay tue rent UlOIthHll Ut lUC lllllO hllu plH
specified in his or their lease, and shall fat
ut fully perform all the legal contracts Of 1
4. State for the term aforesaid contained in {
4 water leases on said public works, or on leaS
" Of grourd for collectors Offices or lock. house
I and all arrangements or agreements enter
n. into by the State of Ohio, by acts of the &c
rs eral assembly or otherwise, with any pers
. or persons, state, corporation or company.
AZ, ,Ih ITnttaI GtniaC r..lotipU Ia Qntl nuN
u works, during the term aforesaid, and shall
TX all times. when the season will permit, q
SO the water is not necessarily drawn out OF Sc
ot public works, for repairs OF new constructiC
:, OF when said works are not Ohstructed by
Wv or by reason of some unavoidable breach
pc some structure of said works, or other casG
ny ty, or on account Of scarcity of water prod
ced by drought, keep the same in good a
proper condition and repair, for prompt, spec
and successful navigation by all boats l
drawing more than three feet OF water, a
shall, from time to time, make all necessl
and proper repairs aad reconstructions as
III board may require, and under the direction
ma the board, or an engineer appointed by s.
board, so as to keep said public works in &C
10 and proper condition Of repair, and deliver
nd said public works to the State Of Ohio at
termination of said lease in like good con
~ ton; but no change Of plan or materials sh
ed be required which shall make the works m
expensive than the old plan or materials us,
ey and all such repairs shall be made at the Ii
". determined upon by said board, and aite
, reasonable notice of the same shall be giN
oh by the board to said lessee or lessees; and
nj. lessee or lesSeeS of said public works shall
nit all persons to navigate said canals or tr
'ur el upon said road, making no distinction
tolls charged or privileges granted in iavol
,, any person or company. And the rates of Il
az charged on the canals shall in no case exc
Mo those adopted by said board in their toll
- sheet OF 1883, nor on SAID road the rate ad
no. ted by said board in 1859.
g Src, S, II said lessee or lessees shall
'nu ful6ll all the covenants contained in said lie
10 by him or them to be performed, the said lie