The Perrysburg journal. [volume] (Perrysburg, Ohio) 1853-1861, 1857-08-13
LAWS OF ONO.
PUBLISHED BY AUTHORITY.
No.i75 AN ACT
For the liquidation of certain claims against III,
State.

no. 10 an Az
For the liquidation of certain claims against tn,
State.
SEc l. Be il enacted by the General Assembly
Of the State of Ohio That it shalt be lawful for
any person claiming any balauce due him on
aocount of work done materials furnished for
building the new State House, the Lunstic Asy
lum at Dayton or at Newburg, or on account Of
furniture for the came, under any contract made
or purporting to be made by any officer or agent
OF the state, to commence an action in the superb
or court or court of common pleas of Franklin
county against the State of Ohio for such balance,
in which he shall file petition and state therein
in ordinary and concise language the facts consti-
tutng his cause OF action, and thereupon sum
mons shall issue aud be served upon the governor
in the same manner as is provided in the act TO es
tablish code of civil procedure.
Sec. 2. 1t shall be the duty of the attorney gen
eral to defend any such action ON behalf OF the
state, and he shall set up in his answer which
shall be without oath, by way Of defence that the
contract assumed contract under which such
work is claimed u have been DONE or materials
o. furniture delivered was entered into on behalf
Of the state without legal authority, and in viola
tio1 of law, OF was obtained by fraudulent prac.
tices or misrepresentation on the part of the
ciaimant, or is, for other causes null and void aud
not binding on the state that such work was not
faithfully executed according to the terms of the
contract, or that false and uuconscionable charges
have been made, or any other cause, matter or
thing, which, according TO the rules of law and
ROOu COntCle0CCt WOulu De q EOOu Oeience In
whole or in part against the plaintiffs claims were
the cause pending between individual suitors.-
Aud If any person bringing suit under the pro-
visions OF this act shall have received for work
done or alledged 10 have been dove on either
OF the buildings mentioned in the first section of
this act or for materials furniture for the same,
money or any other thing to which he was not le
gay or equitably entitled, the same may be set off
aga nst auy claim he may establish against the
state. In every in which it shall be Rscer.
nal hat lahn bn
furnish under void contract, the person so per
rning such work and furnishing such mat'ri-
ais or their asSgnces sha.i be entitled to recover
The true value oil The same, as if such labor had
been performed or materials had been furnished
without any contract.
Sec. 3. All suits authorized by this act shall be
commenced within six mouths from the passage
thereof They shall in all respects be prosecuted
ssreeaby to the provisions Of the act to establish
code ot civil procedure, and writs of error shall
lie from the Supreme court to said Superior Court
or Court OF ConmmOh Pleas in other cases; Pro.
vfded, that either party may require the personal
attendance of witnesses, and for that purpose
subp9nas may issue to any county in the State
which shall be served by the sheriff of such cJun
ty, and returned said superior Court or Court OF
Common Pleas; and provided further, that no
parry or person from whom he derives his clam
by transfer, shall be witness to transfer, shall be
a witness to support such claim.
Sec 4. Ii upon the hearing of any case iudg-
with the Auditor OF State a certified copy thereof
together with certificate of The Attorney General
that the is finally determined and that he does
not intend to move for trial, or for W it of
error, it shall be tho duty of the Auditor to raw
his warrant on the Treasurer of State for the
amount thereof, which shall be paid by the Treas
urer out of any moneys in the treasury a2propri.
ated for that purpose.
Sec s. The Attorney General shall receive for
his services under the provisions of this act such
,-,ft. Ia,
the salary and fees now allowed him by law He
is authorized TO employ such additional counsel
to assist hun III preparing and trying under
this act as he shall think necessary and counsel so
employed shall receive for their services such com
pensaton aS may be rensons BILE.
Sec. 6. If in any case commenced In the Supe. |
rlor Court of Franklin county, the Judge shall
be interested in the event of Ihc cause, or shall
have been counsel for the plHintf in reference to
the subject m-ttel of the claim. shall be other
wise disqualified to try the case, he shall cause
the fact to be entered the journal of said court
anu thereupon the papers IN the case, together
with a certified copy Of such journal entry shall |
be filed in the Court of Common Pleas of said
county, IN which such proceedings shall BE- had .
as though the action had been originally brought
in that coIrt
Sec I. In case writ of error shall be prose.
Cuted to reverss'the Judgment of any court rem
dered undered under the provisions of this act,
the same shall operate as supersedeas, without
HllHS Vi a pOlui dliGdlI as bilOWtu ny law
in other shall be lad, 10y either party, by
causing notice thereof to be entered the journal
during the term in which the action is tried, with
out giving bond. An appeal shall be allowed from
any Judgment in said Superior Court the same as
If it were rendered in the Common Pleas Court.
Sec. 8. The Attorney Gen, raj is hereby directe !
10 commence suit in the name of the State of Ohio
against all persons whom the joint uvesti gazing
appointed by the General Assembly
a AIril H. loJ6, or ei'her of them. have reported
10 be indebted to the State for money implo perly
received, or not accounted for or unlawfully tX-
pended: provided that if in any case he shall up-
IN investigation, be satisfied that recovery Can
be had. or that the party or his their estate is
nsOlvent, no suit in such case shall be brought
Sec. 9, In all cases provided for in the preccd
ing section, tie Attorney General may, before or
after suit, settle, compromise and adjust any aim
rected to bring suit, aud in all cases in which, by
This act, persons authorized to bring suit
against the State, the Attorney General aud the
Auditor OF State may. before after suit, settle
he claims Of all persons against the State and al
low them such sums thereon as they may consider
ust and equitable.
Sec. 10. fhis act shall take effect on its pas
sege.
N. II. VAN WORRIES,
Speaker of the IL Iuse of Representatives.
THOMAS ii FORD,
ir,sident OF the Senate.
Iril II, 1857.
No. l76 AN ACT