Holmes County Republican. [volume] (Millersburg, Holmes County, Ohio) 1856-1865, 1857-08-20
Lalps of Chic.
AN laI
Making appropriations for the Public Works f

An ACT
Making appropriations for the Public Works for
1857.
Section J. BE 1t enacted by the General As
se1ably OF The Stale Of Ohio, That there is here
by appropriated cut of anv moneys in the treas
ury derived from the Public Works, and not
otherwise appropriated, for construction, repairs
superintendence and expenses on the Public
Works of Ohio, exclusive of section number
three, as defined by The contract relative thereto
of date November 18th, 1855, for the year one
thousand eight hundred and fifiy-seven, the fol-
lowing sums, to wit:
For constructing and repairs, the sum Of two
hundred and forty thousand dollars, to be ex-
pended by The Board of Public Works, which
Is hereby authorized and directed to proceed
Immediately to put all the canals.of the State,
other than said section number three, in good
nayigablc condition, aid the other Public Works
of=the State in eondissens for use,
For superinfendence, attorneys fees and Incl
deniais, the sum OF eleven thousand dollars.
For incidental expenses of Office Of the Board
OF Public Works, including the salaries of Sec
retary and assistant Secretaries, furniture, re-
cord books, stationery, blanks. postage, and ex-
penses of the Board, three thousand dollars
For payment Of Engineer to guage surplus
water. leased and now used from tie canals
and slack water Improvements of the State, ff-
teen hundred dollars
For the payment of the salaries of ihe Mem
bers of the Board of Public Works, the sum Of
forfy-fiye hundred dollars.
Sec. b The parties to the several contracts
made by the Board of Public Works. on said
thirteenth of November, 1855, for the keeping
in repair the Public Works of the State, and all
others, claiming TO be interested under them
in said contracts, by assignment or otherwise,
are hereby authorized, within ninety days from
the passage of this act, TO bring an action
in the Superior Court. or Common Pleas Court
of Franklin county, against the State of Ohio,
onisaid contracts, for the recovery of such dam
ages, if any, rs may be due them on &C
count the refusal of the State to execute said
contracts; and said actions shall be proceeded
in to final judgement according to the Code Of
Civil Procedure, as In cases between private
.indiyiduals.
Sec 3. The parties to said several actions,
shall have the same right to appeal, and to pros
ecute wrIts of error as is or may be provided
for in suits between other parties; and either
party may appeal from judgements rendered in
said Superior Court, the same as if the judgment
were in the Common Pleas Court, and upon the
same terms and conditions as are herein provi-
ded as TO judgements in said Common Pleas
Court. The State shall not be required to give
bond on appeal or the prosecution ofany petition
tui Tic Oc DtIicCleQ pli
part of the State, ON the filing in the appellate
Court of the papers Of the several eases, or
transcript of the journal entries of Common
Pleas Court.
Sec. A. Service of summons In the COM
mencement of said suits may be made on the
Attorney General. for the State, and the service
of all orders, summonses and notices which may
be necessary in the prosecution of said actions
shall be complete if made upon said Attorny
General.
Sec. 5. Said Attorney General is hereby di-
rected to defend all suits which may be brought
on any yof said contracts, and all acts in the
premises done by him shall be valid for and
against the State.
Sec. 6. Said Attorney General is hereby
authorized to employ such assistant counsel and
agents as he may deem necessary, and their
compensation shall be paidouto of the Governors s
contingent fund, on the certificate of said Aftor-
ney General
Sec. z. Process may issue from said court
to any county of this State to summon and Sc
cure the personal attendance ofsuch witnesses as
may be required by either party; and said pro-
cess shall in all cases be served by the proper
officer of the county to which ii is issued Proyi-
ded, that either party may take depositions of
witnesses residing out of Franklin county.
See. 8. The several actions herein author
lied to be brought shall have preference in all
courts over all other suits pending therin.
See. 9. The board of Public Works is here
by authorized to purchase of the several con-
tractors of the several sections of the public
works for whom no appropriation is made, all
boats, tools. horses, materials owned and progi-
ded by them for repairing said several sections,
and pay fer the same out of any money herein
appropriated: Provided, that no property here
toiore taken ofthe State by any contractor at an
appraisement shall be taken by the State at a
price higher than allowed to tbe state for the
same, except in eases of boats The Talue of which
may have been materially increased by repairs.
In of purchase the of value all articles taken
shall be determined by three disinterested men,
acting under cath, fairly and impartially 10 dis
charge their duty, and to be chosen by the
Board, or by the member thereof having charge
of the section on which said articles have been
used.
Sec. 10. The Board of Public Works is here
by authorized to receive the surrender of the
several contracts hereinbefore made for keeping
in repair the Public Works of the State, other
than the contrrct relating TO said section three,
from such of said contractors as may desire TO
make such surrender and to pay the said sever
nj contractors the actual value of all work done
by them in pursuance of said contract, since the
18th day of November; 1856.
Sec. IL. The said Board is also authorized
and directed 10 pay out Of the moneys herein
appropriated, to each of said contractors other
than the contractor on said section three, the
just and true value of all work done by them I'M
der their respective contracts since the COM
mencement Of the present fiscal year.
Sec H. m case the plaintiff to any suit
herein authorized TO be brought against the State,
shall recover damages agains. the same on ac-
count of on-performance of said contracts. and
final judgment be in favor of said plaintiff, the
7 Board of Public Works is hereby authorized, if
In the opinion Of the Board it will subserve
the interests of the State, to renew with each of
said parties so recovering the contracts upon
which the recovery may be had, for the portions
ofsaid five years remaining after said final judg
ment: said renewal shall not be made except
upon the giving of sufficient security satisfacto-
ry to the Board, for the faithful performance OF
said contracts. and upon the release by the party
recovering said Judgment, to the State, of SO
much of said damages SO recovered as may, by
the board be deemed an amount justly proper
tionate TO the portions of said final judgment.
referenceio the period for which damage shall
have been recovered.
Sec. l3. This act shall take effect on its
passage.
Nh. VAN VORHES,
Speaker of the House of Representatives,
THOMAS II. FORD,
President of the Senate, pro. ten.
April Is, 1857.