Year: 1859

that said bidder or bidders did not and have moi.
directly or indirectly, procured any person per-
sons Withdraw any bid for the purpose afore:aid
and said affidavit shall be carefully preserved on file
in the off &c of the board of public works, and il It
shall any tmc thereafter appear that said afdevit
was in any respect iase it shall be deemed
and held sufficient cause for setting aside any lease
so made and holding the same as null and void;
and the person or persons making such false and
faudnlent affidavit, shall be deemed guilty of per-
jury, and may be indicted and prosecuted theEefor.


Sec. 8. 1t shall be part of the agreement be-
tween the lessee or lcssees end the STATE that the
lessee or lessees of any section or sections OF said
public works shall pay the rent aforesaid at the
time and place specified in his their lease, aud
shall faithfully fulfil all the legal contracts and CO.
venants of the State for the term aforesaid contain
ed in the water leases said section sections,
in leases of ground for lochouse collectors sees
and all legal contracts for now construction or rc
pairs, and all arrangements agreements entered
intohy the State of Ohio BY act of the Legislators
otherwise with any Stateor corporation or With
tire e=eTaInent of the United States during the tera
aforesaid, and shall at all times, when the season
will permit and the water is not necessarily drawn
out of said section sections for repairs or new
construction, obstrnctcd with ice, Or by reason
OF some unforeseen break in some structure OF the
public words or account of scarcity of water po-
duced by drouth, keep the same in good and proper
condition and repair, and shall make all necessary
and needful repairs and rcconsruc;ion under the
direction of the board of public works or engineer
employed by the State.-But-n change of plan
of material shall be required which shall mako 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 lesseeS
of any section section shall permit all persons


to navigate said canals and improvements, and tray
ell on said road making distinction in tolls charg
ed or in privileges granted, in favor of any person
or company, but no person or company shall be
permitted to use any steam power en- eny of said
canals without the Of the lessee or lessee<
their Successors assigns and tho rates of toll
upon all articles transported upon said public works
any part thereof, travel upon said road. EhaH
upon any article exceed the last published rates
of State for 1859 and which took eject prief to
the passage of this act and if the lessee lessees
do not all fulfill the covenants contained in their,
respective leases the same mey be forfeited at tho
op:ton of the board of public works. In said
board shall declare any section forfeited aforesaid.
they shall cause entry to that effect TO b. made
upon the journal of their proceedings, and shall i'm


mediately notify in writing the lessee lessees Of
such section of their action ard shall also in said
notice separately and distinctly specify the grounds
upon which forfeiture is declared, and in all such
the action of said board shall be hnnl unless
within six days after the scvice of said notice, the
said lessee lessees shalt file in the ONCE OF sala
board or with member thereof his or their written
protest denying otherwise taking issue upon the
charges so made by said board in whole or in part


And upon fling Of said protest. the board or major


y thcfof shall appoint referee in behalf of the state
and said lessee lessecs shall also appoint rccreo
| on his or their behalf, and the two referees 20
appointed shall nominate and appoint third
! referee in conjunction with them TO hear and
determine said matter IN issue The referees shall
as practicable, after their appointment agree
upon atime for meeting dirg ten days ter
the pFointment of said last appointed referee unless
the board and said lessee essees otherwise agree,
and shall also fix some convenient place within the
state where said parties shall be heard and when


semblcd at the time and plsce fixed as aforesaid.
scid referees shall proceed to hear, adj uge and de-
termne the matters in controversy aforesaid; and


shall noke their award in writing and deliver copy


of the to the board of public works, aud also


to the said lessee lessees and if said referees


n majority of them, shall award that said charges,


any of them, true, and That the constf-


tute good ard sufficient cause why said leare shall


be declared and held asforfeited the said lessee


lcssees shall Immediately there uEcn surrender up


peaceable possession of said section ar of all the


property of the state appertaining thereto to the


member Of said board having charge of said sectio


and shall also be liable to the state his heir


bond aforesaid. But in Gaze said referees, or ma


orty of them shall award that said charges are Of


true that being true they do not constitute d


sufficient cause for declaring said lease forfeited


cording the provisions of this act they shall de-


termine the costs of the proceedings in said caso


and the shall be retained by said lesse or eeses


from the next succeeding payment made by him or


them to the ate Said referees shall be citizens of


the state of Ohio and frcehoders therein; and tho


third referee herein provided for, shall be appointed


by the Board of Public Works. in the referee in


behalf of said lessces essecs shall refuse neglect
to act for the purpose of appointing the same


Said rsfercc5 shall have power 10 summon and com
pei the attendance of witnesses and shall each re-


ceive for the services the per diem and milea
as is now allowed by law to members of the legslu-
turc. And witness in such shall be allowed


the same fees is by law allowed to witness in civil


suits If any lessee or lessees, or any employee,


under him or them, shall refuse 10 deliver up any


ton declared and held forfeited in accordapce with


the provisions of this act, or any property of the


state appertaining thereto, shall resist any
Der of the Board of Public Works, other officer


employed under said Beard, in the execution of his


dIty upon conviction thereof, be fined in any rum
not less than one hundred dollars than FIVE


hundred dollars, be imorisoned in the county Jail


not exceeding SIX months both, at the discretion


Of the court provided, that the contracts for now
construction and repairs on any of said sections.


now in force, enterad into between this time and
: the fifteenth day of August next shall not in any


case exceed the amount by this act appropriated for
said section, and the contract price for the same
= shall be paid by the state. IeI2
Sec 4. The leases aforesaid shall be executed


and delivered by said board to the lessee lesseee


on said board received from him them theeecuri-


ties aforesaid for the section sections of the pub


lie works. struck off aforesaid 10 the highest bid


der and to the term aforesaid, which lease, when 20


executed and delivered, SHALL for the term aforesaid


vest in said lessee lessees all the franchises


owned and possessed by the State in regard said
public works, together with the right to appoint


lcrintendents, collectors, inspectors lock tenders


weighmasters and such other officers and agents as
may be necessary and said superintendents collec
tors and other officers and agents. shall have and


exercise the power and authority in the colec


ton of tolls and water rents and the evyng of fines


as can now by law be exercised by simuiar ofhcerl


agents appointed by the State and said lessees


shall be governed by the rules and regulations fol
now in force, subject TO such alterations and addi


tions as may hereafter be established by law the
f board Of public works


o Sec 5. It shall be the duty Of the attorney gen
eral, and he is hereby required 10 prepare form
bond and lease in turtherance of the provisions o


this act, TO be used between the State of Ohio and
the lessees of the public works, and the board o.
public works shall have the printed and ready
for inspection on or before the FIRST day Of Angus


next, which form and other shall be used in


pleting and executing the contract entered into b,


the lessees of the public works., IS provided for il
this act; the security required by the board of pub
lie works of the said lessees forsthe performance
their several other than TINT direccC
and required to be deposited at the time of said bid


ding, shall consist Of the state stocks Of Ohio orG
s. stocks, deposited with the auditor of state upo1
which the said lessee or lessees the in
terest so long as the covenants of saidlessee
q filed and kept, and to be returned to thcm by orde
of said board the termination of their respectiS
leases provided no forfeiture of the shall hsv
l. happened during the continuance of said lease;
good and sufficient personal real estate security e