Year: 1859

4


the fiscal year ending November Is, 1865,


and providing for leasing the same.


Section 1. Be 1t enacted By The Genera.
Assembly of The Slate Of Ohio, That for the
purpose Of leasing the public works of said
state, they are hereby divided into the fol.
lowing sections, to wit


Section No. one to embrace the Miami
and Erie Canal and all the side cuts, feeders
and reservoirs connected Herewith, together
with the lockbouses, collectors Offices,
weighlocks, and leases of surplus water
therefrom, and all the water rents and privi.
leges pertaining thereto, and of land used in
connection herewith.


Section No. two to embrace the Musking-
um Improvement, Ohio Canal, the Hooking
Canal, the WalhondiHg Canal, and all the
side cuts, feeders, and reservoirs connected
with said section, together with the lock.
houses, collectors offices, weighIocks, and
leases of surplus water therefrom, and all the
water rents, and privileges pertaining there.
to, and Of land used in connection there.
with.


Section No. three TO embrace the West
ern Reserve and Maumee Road and all toll
gates thereon.


All moneys derived from the leasing Of
said sections, to be paid into the state treas
ury and form part OF the sinking fund.


Sec. 2. Immediately after the passage of
this act, the Board of Public Works shall
advertise said sections to be let for the term
Of five years, OF public auction, on the steps
of the State House in the city OF Columbus,
between the hours OF ten o'clock a. m. and
four o'clock p. m. of the day of letting, which
day shall be the fifteenth day of August
next. Said advertisement shall be publish
ed in two papers, printed and in general cir
culation 10 the cities of Columbus, Cincinna.
ii, Toledo, Cleveland, GAINESVILLE and Day.
ton, New York, Boston. Philadelphia and
Baltimore, which advertisements shall be
continued in the papers in which they may
be inserted until the time of letting at said
public auction, and shall describe the works
to be let, and the time and ploce of letting
the same, and the terms upon which said
lettings are to be made. And the said Board
of Public Works, on the said fifteenth day
of August next, between the hours of ten
o'clock a. m. and four o'clock p. m. Of said
day, at the place aforesaid, shall proceed, at
public auction, to let each section for the
term aforesaid, in the order herein set forth,
to the person or persons who, in considera-
ton OF the tolls to be derived from said Sec
ton, shall bid to pay the highest annual rent
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 and
proper condition and repair during said term,
comply with oil the terms o. his or their con-
haf ho ,r,in do.
liver up the same in like good condition as
when received: Provided, however, that no
railroad company or companies shall in any
manner become parties to said bids or inter-
ested therein, and provided further, that it
shall be unlawful for the lessee or lessees of
any of said sections, or their assigns, during
the continuance of their leases Of said sec-
tions to sell or assign their interest or part
thereof to any railroad company or compa.
MES and provided, further, that section one
shall not be leased for less sum than forty
thousand dollars. section two for not less
than fifteen thousand dollars, section three
for not less than four hundred dollars I; and
provided that no one section shall be so lei
unless all said sections are let The secu,
rity on section No. sha III be in the sum oil
two hundred and fifty thousand dollars, OF
section No. two in the sum of two hundred
andffty thousand dollars, and on section No
three in the sum of ten thousand dollars. -
The bonds shall be made to the State o
Ohio, and be renewable every two years OF
oftener if the board Of public works shal
think the security at any time is insufficient
Provided that no bid shall be received unles:
the person or persons making the same shal
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 thou
sand dollars upon the conditions following
to wit (: That he or they will take lease o
the section on which he or they shall bid i
it shall be struck ofto him or them, and Civ,
security for the same, as herein provided
and in default thereof the security so depos
tied shall be absolutely and wholly forfeited
TO and become the money or property Of th
state. Before the board of public work
shall sign and execute any lease by virtue o
the provisions of this act, they shall require
the bidder or bidders to whom said lease wa
awarded, to make and sign an affidavit sett
ing forth the name or nemes Of such bidder
and of all and every person, directly or indi
rectly interested in obtaining said lease, and
if q firm, setting forth the individual name
of the members of the same, and that neithe
said bidder or bidders, or any person in thei
behalf, had or did associate, confederate, col
lude or combine with any person or persons
directly or indirectly, for the purpose of pre-
venting competition in bidding for said lease
or in any way cheating or defrauding tn
State in obtaining said lease or the lease O
any other section let at the same time an
further setting forth that said bidder or bid
ders did not and have not, directly or indirect
ly, procured any person or persons to with
draw any bid for the purpose aforesaid, an
said affidavit shall be carefully preserved O
file in the Office of the board OF public works
and If it shall at any time thereafter nppea
that said affidavit was in any material respec
false, it shall be deemed and held sufficien
cause for setting aside any lease so made
and holding the same as null and void, an
the person or persons making such false an
fraudulent affidavit, shall be deemed guilt
of perjury, and may be indicted and prosecu
, ted therefor.


Sec. 8. 1t shall be part of the agree
ment between the lessee or lessees and tn
State, that the lessee or lessees Of any sec
tion or sections of said public works shal
pay the rent aforesaid at the time and plac
specified in HE or their lease, and shall faith
fully fulfll all the legal contracts and cove
nants OF the state for the term aforesaid, con
tanned in the water leases on said section o.
sections, or in leases -of ground for lock
house or collectors offices, and all legal con