Year: 1859

llOll VI lHe lOllS 10 Ut ueHNtu llOtn Sdlu sec


ton, shall bid to pay the highest annualreu


therefor, and who shall give good security


that he or they will pay the same promptly


in semi.annual payments during said term
and will keep the said section in good ant


proper condition and repair during said tern


comply with all the terms Of his or thei


contract, aud at the expiration thereof, will


deliver up the same in like good condition a.


when receved:' Provided. however, that nC
lrailroad company or companies shall in any
manner become parties to said bids or in


terested therein, and provided further, that
AZ shall be unlawful for the lessee or lessee!


Of any Of said sections, or their assigns, du


ring The continuance Of their leases of sale


sections, TO sell or assign their interest Of
any part thereof 10 any,railroad company Of


companies; aud provided, further, that sec,


tioa one shall not be leased for les;


sum than forty thousand dollars, section two


for not less than fifteen thousand dollars, sec


ton three for not less than four hundred dol.


lars; and provided that no one section shall be
so let unless all said sections are let. The Sc.
curity On section No. shat be in the sum OF
two hundred and fifty thousand dollars, OF
sectionNo. two in the sum Of two hundred
and fiGy thousand dollars, and on section No


three in the sum Of ten thousand dollars
| The bonds shall be made to the State
of Ohio, and be renewable every two years
or ofener if the board OF public works shall
! think the security at any time islinsullicient:
Provided that no bid shall be received un.
| less the person or persons making the same
shall have first deposited with the auditor Of
state in money or in stocks of the State of
Ohio or Of the United States, the sum of
ten thousand dollars upon the conditions
following 10 wit: That he or they will
lake a lease of the section on which he or
they shall old if it shall be struck of to him
or them, and give security fer the same, as
herein provided, and in default thereof the se-
curlty so deposited shall be absolutely 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 require the bidder or bidders to
whom said lease was awarded to make aud
sign an otfidavit setting forth the name or
names of such bidder. and of all and every
person; directly Or Indirectly interested in OBJ
tanning said lease, and, ifa firm, setting
forth the individual names of the members OF
the same, and that tnehher said bidder or bid.
ders, or any person in their behalf, had or
did associate, confederate, c0llude or com
biie with any person or persons, directly or
indirectly, for the purpose OF preventing COM
petition in bidding for said lease or in any
way cheating OF delrauding the State in OBJ
ia aiaing said lease or the lease of any other
section let a. the sane time; and further set.
tug forth that said bidder or bidders did not
and have not, directly or indirectly, procured
any person or persons to Withdraw any bid
for the purpose aforesaid, and said affidavit
shall be carefully preserved on file in the
Office OF the board Of public works, and if it
shall at any time thereafter appear that said
affidavit was ia any material respect 70 Ise,
it shall be deemed and held sufficient cause
for setting aside any lease so made, and hol.
ding The same as null and void, and the per-
son or persons making such false and fraudu
len: affidavit, shall be deemed guilty OF per.
jury, and may be indicted and prosecuted
therefor.


Sec. 3. 1t shall be part of the agreement
between the lessee or lessees and tue State,
that the lessee or lessees of any section or
sections of said public works shall pay the
rent alofesaid at the time aud place specified
in his or their lease, and shall faithfully ful-
fiji all the legal contracts and covenants of
the State for the term aforesaid, contained in
the water leases on said section or sections,
ur in leases of grounds for Lighthouses or col
lectors Offices, and all legal contracts for new
construction or repairs, aud all arrangements
or agreements entered into by the State, of
Ohio By act Of the Legislature or sotherwise
with any State or corporation or with the gov.
eminent Of the United States, during The term
Aforesaid, and shall at all times, when the
season will permit. and the water is not ne
cessailly drawn out of said section or sec
tiOns for repairs or new construction, or OBJ
struced with ice, or by reason of some un-
ioreseen breaks i'll some structure Of the pub
lie works, or on account Of scarcity of water
produced by drolth, keep the same in good
and proper condition and repair, and shall
make all necessary and needrul repairs and
reconstruction under the direction OF the
by the State. But no change of plan or Of
material shall be required which shalt 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 lesseeS of any sec
ton or sections shall permit all persons. to
navigate said canals and improvement and
travel on said road, making no distinction in
tolls charged or in privileges granted, in IA
vor of any person or company, but no person
or company shall be permitted to use any
steam power on any .of said canals, without
the consent Of the lessee or rllessees, or their
successors or assigns, and the rates OF toll
upon all articles. transported upon said pub
lie works or any part thereof, or travel upon
said road, shall not upon any article exceed
the last published rates OF the State for 1859
and 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
respective leases, The same may be forfeited
at the option Of the board Of public works.
In case said board shall declare any section
forfeited as aforesaid, they shall cause an en-,
try to that effect to be made upon the journal
Of their proceedings, and shall immedistel!y Is
notify, in writing, the lessee or lessees OF
such section of their action, and shall also in
said notice separately and distinctly specify
the grounds upon which such forfeiture is
declared, and in all such cases the action Of
said board shall be final unless within six
days after the service Of said notice, the said