Year: 1861

paid into the treasury of the state. ..
Sec. 2. Immediately after the passage {
this net the said governor, auditor, and treasul
er shall advertise the said public works. wit
their appurtenances, as specified In the frs
section of this act to be let for the term Of te
years. at public anction, in the rotunda of tn


state house. in the city OF Columbus, bctwce
the hours Of 10 o'clock, A. NJ. and O'Clock


r NJ. of the day of letting, which shall be OF


the twenty ninth day of May, A. D., 1861; an,


said advertisement shall be published in tw,


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 tn,
papers aforesaid until the time of said letting
and shall describe the works to be let, specif,
the time and place of letting the same, ard th,
terms upon which said works are to be let =
And the said governor, auditor, and treasurer
on the said twenty ninth day of Nav. A. ID
1861, and between the hours Of 10 o'clock A. NJ
and o'clock p. NJ, thereof, and at the plac,
aforesaid, shall proceed at public auction t,
| let said public works. for the term of ten wears
as aforesaid, to the person or persons who in
consideration of the tolls, fines water rents, and
revenues to be derived therefrom shall bid to
pay the highest annual rent therefor, to be paid
| IN semi-annual payments, in advance, in each
| year during the term lease: Provided that no
bid shall be received unless the person or per-
sons making the same shall have first desposit-
ed 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. upon the
conditions following, to-wit: That he. or they
WILL on their part, enter into an idcnturc olease
of said public works with the State of Ohio, if
lhe same shall be struck off to him or them, and
also give bond payable tn the State of Ohio,
in the sum of two hundred thousand dollars,
with live or more sufficient sureties, TO the sat-
isiaetion of the governor, auditor and treasurer
| OF state, and renewable every two years. ar oft :
ener ii the governor, auditor and treasurer Of
state shall think the sureties at any time insult
| ficient, conditioned, that the said lessee or
lessees shall perform all the covenants of said
lease on their part to be performed, and will
pay all damages suffered by the state or midi
vduals, by reason of his or their failure to do
30; and in default of said lessee or lessces en-
tering into said indenture of lease, and giving
said bond, the deposte 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 there
in or in said leaseand itshall be unlawful for the
lessee or lessees of said public works, or their
assigns, during the term of laid 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





null and void; and, provided further, that said
public works shall not be let for an annual rent
of less than twenty thousand dollars


See. 8. The person or persons who shall be
the successful bidders at such letting, shall
within five days thereafter, enter into an idcn-
turc of lease with the State of Ohio, which
shall be executed by the governor in behalf of
the State. and which shall contain all the COW
enants, agreements reservations and stipulations
hntv hn h., al,
necessary to carry out its provisions, and with
in the same time said lessee or lessees shall ex-
ecute and deliver the bond mentioned in the
proceeding section: Provided. that if the sue
cessful bidder or bidders shall fail within five
days to enter into said indenture, and to deliver
said bond, then the governor shall give notice
OF another letting and appoint day not less
than two weeks nor more than three weeks
thereafter, when he will receive bids in accor-
dance with the provisions of this act: Provi-
ded further, that the annual rent shall not be
less than twenty thousand dollars.


Sec. 4. 1t shall be the duty of the attorney
general immediately after the passage of this
act to prepare the form of bond and indenturc
OF lease herein required and it shall be part
of the contract between the lessee or lessees
and the State; that the lessee or lessees shall
pay the rent aforesaid at the time specified in
his or their lease, and shall faithfully perform
all the legal contracts OF the State of the term
aforesaid contained in the water leases on said
public works, or on leases of ground for col
lecors, offices or lock houses. and all arrange
ments or agreements entered into by the State
of Ohio, for the acts of the general assembly or
otherwise, with any person, or persons. state
corporation or company, or with the United
States, relating to said public works, during
the term aforesaid, and shall at all times, when
the season will permit and the water is not
necessarily drawn out of said public works, ior
repairs or new construction. or when said works
are not obstructed by ice or by reason of some
unavoidable breach in some structure of SAID
works, or other casuality,or ON account Ct scarci
ty of water caused by drought, keep the same
IN good and proper condition and repair, for
prompt. speedy, and successful navigation by
all boats not drawing more than three feet ol
water, and shall, from time 10 time make all
neces AIRY and proper repairs and rcconStruciions
as the board may require, and under the dltec-
tion of the board. or an engineer appointed by
said board, so IA to keep said public works in
good and proper condition of repair, and deliv-
er up said public works to the Stale of Ohio at
the termination of said lease in like good condi-
tion; but no change of plan or materials
shall be required which shall make the works
expensive Than the old plan or materials used;
and all such repairs shall bo made at the time
determined upon by said board, and after a





the board to said lessee or lessecs and the les
sec or lessees of said public works shall pr
nit all persons To navigate said canals or travel
upon said road, making no distinction in tolls
charged or privileges granted IN favor Of any
person or company. And the rates of toll
charged on the canals shall in no case exceed
those adopted by said board in their loll-shccl
of 1858, nor ON said road the rate adopted by
said board in 1883.


Sec. 5. If said lessee or lcssces shall not full
fill all the covenants contain, in said lease 10y
him or them to he performed. the said lease
may be forfeited at the option Of the board OF
public works: in case said board shall declare
SAID lease forfeited aforesaid, they shall cause
an entry to that effect to he made upon the
Journal of their proceedings, and shall lmmcdi-
at"ly notify. IN writing the lessee or leSsccs oi
their action and shall also in said notice sepa-
raiely and distinctly specify the grounds upon
which such forfeiture is declared, and in all such
cases the action O said board shall he final un-
less within ter days after the service of said
notice. the said lessee lcssees shall file in the
office of said board, his or their written protest
denying or otherwise taking issue upon the
charges made by the said board in whole or
in part, aud the name Cf n referee. whereupon
the board shall appoint second referee and
shall notify the governor OF SAID protest,
who shall thereupon appoint third referee
who shall be an experienced lawyer. The re-
icrees shall be citizens OF Ohio, and shall as
soon rs practicable. after their appointment,
agree upon u lime for meeting, NOT exceeding
| ten days after the appointment of said last APP
pointed referee, unless the board and said lessee
or lessees otherwise agree. and shall also fix
some convenient place within the State, where