Carroll free press. [volume] (Carrollton [Ohio]) 1834-1861, 1857-05-07
ANACT.
Noi17l
M4sny sFppp,ialiols n .le palJo Works fl
1857.

semby@hs STATE Of Ohio. That there is here.
By appropriated out Of any moneys 10 the treasu-
~ derived from the Public Works. and not 9th.
erwiss appropriated, FOR construction, repairs
superintendent and expenses on the Pubic
Works ofUhio. exclusive Of section number three
as defined BY tho contract relative thereto, Of date
November 18th. 1856, for the year one thousand
eight hundred and City seven, tie following sum.
20 wit:
For construction aud repairs, the sum Of two
hundred aud forty thousand dollars, to be exPen-
ded BY the board of Public Works, which is here
by authorized and directed to proceed Immediate
lytO pu: all the canals OF the State, other than said
section number three, 10 good n%avigable condition
and the other Public Works of the State in con-
ditiou for use.
: For superintendent attorneys fees, and Incl
dentals the sum of eleven thousand dollars.
For incidental expenses of the office of the
Board ofPublic Works. including the salaries Of
Secretary aud assistant Secretaries. furniture, rec.
ord, books stationery, blanks, postage and expen-
ses Of The Board, three thousand dollars.
For payment of engineer to gauge surplus
water, leased and now used from the canals and
slack water Improvements of the State, fifteen
hundred dollars.
For the payment Of the salaries of the Mem
bers Ofthe Board Of Public Works, the sum Of
~forty.fye hundred dollars.
Ses. 2. 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 9th.
ers claiming to be interested under them in said
contracts, by assignment or otherwise, are hereby
authorized, within ninety days from the passag,
Of this act, to briag an action in the Superio
Court, or Common Pleas Court Of franklin
county against the State Of Ohio, on said contrct
for the recovery Of such damages if any, as may
be due chem on account Of the refusal Of the STATE
to execute said contracts; and said actions shall b.
proceeded into final Judgement according to thu
Code of Civil Procedure, as in cases between pri
yate individuals.
Sec. 8. The parties TO said several actions
shall have the same right Of appeal, aud t. prose
cute writs of error as is or may be provided for ii
suits between other pMtios; and either party may
appeal from judgements rendered in said Superio
Court, and same as if Judgement were in the Com
mon Pleas Court and upon the same terms ant
conditions as are herein provided as to judgement
in said Common Pleas Court. The State shall
not be required to give bond on appeal or th,
prosecution of any petition in error, but the ap
peal shall be perfected on the part of the State
on the filing in the appellate Court of the paper
of the several cases, or a transcript of the %journa
entries Of the Common Pleas Court.
Sec. 4. Service of summons in the commence
ment Of said suits may be made on the Attorney
General, for the State, and the service off order,
summonses and notices which may be necessary
in the prosecution Of said actions shall be COM
pleta If made upon said AItornly General.
Sec. 8. Said Attorney General is hereby d.
rected to defend all suits which may be brought
on any Of said contracts, and all acts IN the prem
ises done BY him shall be valid for and against
the State.
Sec. 9. Said Attorney General is hereby au-
thorized to employ such assistant counsel and
agents as he may deem necessary, and their com
pensation shall be paid out Of the Governors con.
tingoat fund, on the certificate Of said Attorney
General.
Sec. =. Process may issue from said court to
any county Of this State, to summon and secure
The personal attendance of such witnesses as may
be required by either party; and said process
shall in all cases be served by tho proper officer
ofthe county to which it is issued: Provided,
that either party may take dispositions of wi!nes.
ss residing out OF Franklin county.
Sec. 0, The several actions herein authorized
to be brought shall have preference in all courts
over all other suits pending therein.
Sec. 0, The Board Of Public Works is hereby
authorized to purchase oftbe several contractors of
the several sections o(the public works for whom
no appropriation is made, all boats, tools. horses,
and materials owned and. provided by them for re.
pairing said several sections, and pay for tue a m
out Of any money herein appropriated; Provided,
that no property heretofore taken of the State by
any contractor at an sppISsement shall be taken
by the State at q price higher than that allowed
to the State for the same, except in cases of boats
the value Of which may have been materially increa-
sed by rel airs. In case 6 purchase, the value Of
all articles taken shall be determined by three dis.
interested men, acting under oath, fairly and i'm.
partially to discharge 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.
SEE. 10. The Board ofPublic Works is hereby