Western Reserve chronicle. [volume] (Warren, Ohio) 1855-1921, 1857-06-24
mo. 1851 AN ACT
April


For the liquidation of certain claims against the State.
SECTION 1. Be it enacted By the General .fssezJly
of the State of Ohio, That it shall Ice lawful .or any
person claiming any lalance due him on account Of
work done or materials furnished for building the new
State House, the Luna;ic Asylum al Dayton or al New
burg, or on account OF furniture for the same, under
any contract made, or puTporting TO b. made By any
officer or agent of the STATE. 10 commences an sctiCu Ia
the superior court or court OF common pleas Of Frank
lin county against the State Of Ohio. for such balance,
in Ehichhe shall file a petition, ami state therein, in
ordinary and concise language, the facts constituting
his cause of action. and thereupOR a summons shall is
sue andbe served upon the governor odecmciy --llsn
ner as provided in the act to establish the4m.e4noai
procedure.
SECS 9. 1t shall be the duty Of the attorBeY general
20 defend any such action on behalf Of the STAKE, and
he shall set up in his answer which shah be without
oath by way of defence that the contract or assumed
contract under which such work is claimed to have
been done, or materials or furniture delivered was ea
Aered into on behalf of the State without legal author
ity, and in violation 0. las, or was obtained by frar.iu-
lent practices or misrepresentation on the part OF the
Claimant, or is for other causes null and void and not
binding on the State; that such work vas rot faithfully
executed according 10 the terms q the contract or that
false and unconsciorable charges have been made, OF
any other cause. Matter or thing which, acrordIng to
the rules of Law and good conscience, would ne a good
defence in whole or in part against the plaintiff claim
were the cause pending between indiyIdrA. Su!tars.-
Aud if any person bringing suit under the provisions
OF this act shall have received for york done ur alleged
TO have been done on either OF the billings mentioned
in the first section Of this aci or for Materials or trrui
tsre for the same. money or any other hing to Nh5oh
ne was not legally or equita1ly entitled the Same rlay
ne seto agalLs. any claim he may establish aEr.->.
the state. In every ca Sc in which il shah he asccf-
tanned th1t labor has been performed or materials u--
uished under a void contract, the person 50 performing
such work aud furnishing such materials, or their as
signees shall be entitled to recover the true va,ue q
.;a- same, as if such labor had been perforl4el or liza G.
rails furnished without any coHtrlr-.
sec }. an suits au:ho-izell 10y this act shall he com
menced within six months from the plSs8-- tlrreoE-i
They shall IL all respects lie prosecuted asree4ny 10
the provisions Of the act 10 establish d code Of Ciyl
Procedure, and Erits Of error shall lie from the Su-
preme Coart to said superior Court " CeGrs cf Coni-
D.on Pleas as in ot4gr cases: Provided, That either
party Esy reagire the personal attendance OF Eiiness-
e. and for tlst purpose So PGa1as nay issue TO any
county in tie State, which s4sl! he served hy tie
Sheriff o. such county, All r,tarEed to said SGPc-
sior Cosrt o. Court OF Common Pleas: aaI provided
l-rthcr, taat no party or person ft3ll Eh"Ia Ice derives q
bis Claim ~ transfer, sa-ll he i witness 20 support
sReh Gain
sec4 IfGron the hearing Of any eaes Il Judgment
shall he rendered against the STATE. on Ming with the
kuiit9r 81 sale 4 certified COPY thereof. Together with 4
a certificate Of the Attorney General that the case is
finally determined and that he does not intend to move I
for a new trial. or for i writ Of err r. il shall he the duty
cfthe Auditor 70 draw his warrant on tie Treasurer OF
Stats for the amount thereof, which shall be paid ay the
treasurer OUT OF any moae:s IN the treasury aPpropri-
s.ai for Ihst purpose. 4
sE-.5. The Attorney General SHAH receive for his
services, under the pTorisioas 81 taiSac5. such com
peaSation as may lie reasonable in addition to the sal
AIRY and lees now aiioEcd him hy las. lie is author
lied 10 employ sach a ~iditioual counsel to assist hin in
preparing and trying cases under this act. as he shall
think Necessary, and counsel so employed shall re-
ceiTe for their services such compensation as IN be
reasonable.
SEI-O- Al IN any case EpsfIl~TEeI IN me SINeFsON
Court Of Franklin county, the Judge shall be interested
in the event Of the Ca1sc, or shall have been counsel
for the plaintiff IN reference TO the Subject matter Of
the claim- or shall be otherwise disqualified to try the
case, he shall cause the fact to Ee entered o. the Jour
nal Of said Court. au1 ther-upon the papers in he case. z
together with a certified copy Of sCch Journal entry
shall he fled in the Court Of Common Pleas Of SAID
county. in which sIch Proceedings shall sc had - f.
t1y..h the action Lad been originally thought in fIa' :
Court 4
sEc..1. In case a writ Of error shall lie prosecuteG
9 reverse the Judgment OF any court rendered uMGec F.,
.&iE provisions ef this act. the same shall operate As a
-Supersedas, without the Sling Of 4 bond. an appeal. As /
allowed by lay in other cases shall be had, by either
party, ~ causing notice thereof to lie entered on the
Journal. during the term in which the act on is tried, !
without giving Dond. And appeal shall: e ,liowed from
any Judgment in sail Superior court the same as fin
we're rendered 10 lie co5eaon Pleas Court
SECS The Attorney General is Ee-eas directed to
CO rnence suit in the Eane Of the state Ct Ohio against
all persons whom the jOiat investigating Committees
by the General Assembly April II. 1855, OF I
either OF them, have reported TO !e indebted 10 the
State for money improperly received. or not sCcru.tri I
for or unlawfuliy expended: Provided that IL in any !
recovery c=n he had, or thst the party. or his or their
,sEtate IS ilsoiFeZt, 10 suit N such case shall Dc
,erought. |
eEc.9 Ia Ill cases provided for IN the preceding |
section, the Attorney General may, before or after suit.
settle compromise and adjust any clam for The recOy-
cry Of which he is, in said section directed TO bring
suit. and in al cases in which, by this act. persons are
authorized to 4rng suiL agains. the state, the Attorney :
General and Auditor Of State NAY, before or after suit.
settle the CLAIMS Of all persons against the State. and
allow ;l.=n such sums thereon As they may consider
inst and equiiabie. !
sEo. 10. This act shall take effect from its passage.
\. Il VAN WORRIES.
Speaker OF The House Of Representatives.
THOMAS H. FORD.
kpr;i Y. ls57.