Pomeroy weekly telegraph. [volume] (Pomeroy, Meigs County, Ohio) 1860-1866, 1861-07-12
LAWS OF OHIO. !.
PUBLISHED BY AUTHORITY
GNo. 79.1 AN ACT
To provide for leasing the Public Work
of the State.

1No. 79.1 AN ACT
10 provide for leasing the Public Work
of the State.
Be it enacted by the General assembly
of the State Of Ohio, as follows:
SECTION l. That the governor, audi
tor and treasurer of state be, and they
are hereby authorized and required as
hereinafter provided, to lease, for the
term of ten years, from the day of the
approval of the bond herein required,
the public works Of the state, consisting
of the Miami and Erie canal, Ohio canal,
Walhonding canal, Hooking canal,
Sandy and Beaver canal, Muskingum
Improvement, and Western Reserve and
Maumee road, and all the side-cuts,
feeders, reservoirs, lock houses, collec
tors Offices, weigh locks and leases of
surnlus water connected with the same
or appertaining thereto, and owned by
the state, for the purpose Of being used
in connection Herewith, with the righ t
to have additional surplus water; and all
moneys derived from the leasing ofsaid
public works shall be paid into the treas
ury Of the state.
SEC. 2. 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 rotunda of the
state house, in the city of Columbus, be-
tween the hours of 10 o'clock A. NJ M.,
and 4 o'clock p NJ, Of the day Of let
ting, which shall be on the wenty-nlnth
day of May, A. D. 1861; ond said adver
tisement shall be published in two news
papers printed, and Of general circula-
ton, in each of the cities of Cincinnati,
Cleveland, Dayton, Columbus, Toledo
and GAINESVILLE, which advertisement
shall be continued in the papers afore
said 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,
auditor and treasurer, on the said twenty
ninth day of May, A, D. 1861, and be-
tween the hours Of 10 o'clock A. NJ,
and i 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 aforesaid, to the
person or persons who, in consideration
of the tolls. fines. water rents, and reve-
nues to be derived therefrom, shall bid
to nav the highest annual rent therefor
to be paid in semi-annually payments,
in advance, in each year during the term
of said lease Provided, that no bid shall
be received unless the person or persons
making the same shall have first depoS-
tied with the auditor 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 an indenture OF
lease of said public works with the State
of Ohio, if the same shall be struck OF
to him or them, and also give bond
pavable to the State of Ohio, Ill the sum
of two hundred thousand dollars, with
FIVE or moro sufficient suretles, 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 think
the sureties at any time insufficient, con-
ditioned that the said lessee or lessces
shall perform all the covenants OF SAID
lease on their part to be performed, and
will paw all damages suffered by the
state or individuals by reason of his or
their failure to do so; and in default of
said lessee or lessees entering into said
iindenture of lease, and giving said bond,
the deposite so made as aforesaid shall
be absolutely forfeited to and become
the property of the state; and provided
further, that no railroad company shall
in any manner become party to said
bids or be interested therein or IN said
lease; and it shall be unlawful for the
lessee or lessecs of said public works, or
their assigns, during the continuance OF
the term of said lease, to sell or assign
the same or any interest therein, to any
railroad company or to any trustee,
agent, or other person for or IN behalf
of any railroad company; and all assign
ments 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. 3. The person or persons who
shall be the successful bidders at such
letting, shall, within five days thereafter,
enter into an indenture Of lease with
the State Of Ohio, which shall be eyecu-
ted by the governor in behalf of the
@. ;.6 cbon IL tho
covenants, agreements, reservations and
stipulations between the parties, required
bv this act, or necessary to carry out its
provisions, and within the same time
said lessee or lessees shall execute and
Ideliver the bond mentioned in the pre-
cedinc section: Provided, that if the
successful bidder or bidders shall fail
within said five days to enter into said
iindenture, and to deliver said bond
then the governor shall give notice OF
another letting and appoint a 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 t'le
annual rent shall not be less than twenty
thousand dollars.
Sec. t. 1t shall be the duty Of the
attorney general Immediately after the
passage of this act to prepare the form
of bond and indenture Of lease herein re-
quired; and it shall be part Of the con
tract between the lessee or lessees and
the State, that the lessee or lcssccS shall!
pay the rent aforesaid at the time and
place specified in his or their lease, and
shall faithfully perform all the lesa'
contracts of the State for the term afore
said contained in the water le; ses or
said public works, OF on leases Of ground
for collectors Offices or lock. houses