Preble County Democrat. [volume] (Eaton, Ohio) 1857-1859, 1857-06-04

the State without legal thorlty, and
in violation of law, or, was obtained by
fraudulent practices of34sisr ePresenta-
tions on the part of the elalmaRt, or is
for ether causes null -aIfSsvold and not
binding on the State snt such work
was not faithfully execuIsa according to
the terms of the contraes, or that false
and unconscionable cha ges have been
made, or any other ease, matter or
thing which, according the rules of
law and good conscieHs, would be a
good defence in whole eSgE part against
the plaintiff's 5 claims waz,l BIC cause pen
ding between individuaI Saitors. And
if any person bringieg bit under the
provisions of this aos she kaTe received
flor ygerls yI4cz-oz.-; % have been
dome on either of the buildings men
toned in the first section of this act or
for materials or furniture for the same,
money or any other thingsto which he
was not legally or equitabiy entitled,
the same may be set off against any
claim he may establish against the State.
In every case in which it shall be ascer-
tanned that labor has been performed or
materials furnished under void con-
tract, the person so performing such
work and furnishing such materials, or
their assignees shall be entitled to re
cover the true value Of the same, as if
such labor had been performed or mate
rials furnished without any contract.
SEC. 3. All suits authorized by this
act shall be commenced within six
months from the passage thereof. They
shall in all respects be prosecuted agree
ably to the provisions of the act to csta-
b!ish a Code of Civil Procedure, and
writs of error shall lie from the Supreme
Court to said Superior Court or Court
of Common Pleas as in other cases
Provided, That either party may require
the personal attendance of witnesses,
and for that purpos, subpnnas may
issue to any county in the State, which
shall be served by the sheriff Of such
county, returned SO said Superior Court
or Court OF Common Pleas and provi-
dcd further, that no party or person
from whom he derives his claim by
transfer, shall be witness to support
such claim,
Sec. +. II upon the hearing Of any
case 4 judgment shall be rendered against
the State, en- fling with the Auditor Of
State certified copy thereof, together
with a certificate of the Attorney Gen
eraI that the case is finally determined,
and that. he docs znet-iatsRd to moIe for
Il new trial, or for writ On error, il
shall be duty Of the Auditor to draw his
warrant on the Treasurer Of State for
the amount thereof, which shall be paid
by the Treasurer out Of any moneys in
the treasury appropriated for that pur-
pose.
SEC. ). The Attorney General shall
receive for his services, under the pro
visions of this act, such compensation
as may be reasonable in addition to the
salary and fees now allowed him by
law. He is authorized to employ such
additional counsel to assist him in pre-
pairing and trying cases under this act
) as he shall think necessary, and counse
so employed shall receive for their ser
; vices such compensation as may be rca-
sonable.
SEC. 6. If any case commenced il
f the Superior Court of franklin county
: the Judge shall be Interested in tht
event Of the cause. or shall have beef
counsel for the plaintiff in reference tc
the subject matter Of the claim, or shal
: be otherwise disqualified to try tn,
} case, he shall cause the fact to b,
entered on the journal Of said Court
} and thoreupon the papers in the case
: together with a certified copy Of sucl
Journal entry shall be filed in the Cour
of Common Pleas of said county, il
which such proceeding shall he had Il.
> though the action had been originally
: brought in that Court
SEC. I. In case writ OF error shal
be prosecuted to reverse the ju,l-mcn
OF any Court rendered under the iroyi
sions OF this act, the same shall oPerat,
as superselcas, without the fling OF :
bond, an appeal, as allowed by law i,
other cases shall be had, by either party
by causing notice thereof to be entcrel
F. on the journal, during the term il
which the action is tried, without givin:
bond. And appeal shall be alIowe(
from any Judgment in said Superio
: Court, the same as If it were rendered
in the Common Pleas Court.
: SEC. s. The Attorney General i
hereby directed to commence suit in tin
/ name Of the State of Ohio against al
: persons whom the joint Invcsti@atin;
: committee appointed by the Genera
3, Assembly, April II, 1856, or either o
t them, have reported to be indebted t,
e the State for money improperly received
;, or not accounted for or unlawfully ex
+ pended Provided, That if in any cas-
/ he shall upon Investigation, be satisfct
t that no recovery can be had, or that III
, party Or his or their estate is irsolvent
= no suit in such case shall be brought
I SEC. Q. In all cases provided for il
: the preceding section, the Attornc,
s General may, before or after suit, settle
= compromise and adjust any claim 70
4 the recovery of which he is in said see
$ ton directed to bring suit, and in al
c cases in which by this act, persons ar
authorized to bring suit against tn
, State, the Attorney General and Audito
h of State may, before or after suit, settl
/ the claims of all persons against th
: State and allow them such sums Thereon
c as they may consider just and equitable
7 Sec. 10. This act shall take cffec
c on its passage.
70 \. IT. VAN WORRIES.