Western Reserve chronicle. [volume] (Warren, Ohio) 1855-1921, 1857-05-20

| Speaker of the House Of Representatives.
THOMAS H. FORD,
President Of the Senate.
April IA, 1857.
No. III AN ACT sks-5s
Mixing appropriations for the Public Work,
for 1851.
Sser;oS |. Be it enacted by the General
Assembly of the State Of Ohio. That there i.
hereby Appropriated out of any moneys in the
treasury derived from the Public Works, and
not otherwise Appropriated, FOR construction,
repairs, superinIsndence and expenses on the
Public Works Of Ohio. exclusive IF section
number three, as defined by the contract rels-
live thereto. of date November I3Ih. 1855. for
the year one thousand eight hundred and IF
ty seven, the following sums. to- owit.1.
For construction and repairs. the sum oftwo-
/ hundred and forty thousand dollars. to be ex-
pended by he Board of Public Works. which
Is hereby authorized aud direc;ei to proceed
iIrmediatrly TO put all the canals Of the s A:s
other than said seetion number three. in gDOd
navigsble condition, and the other Public
Works of the State. in oldiUion fsr use.
For suPeTintendeHee, attorneys Ices, All
incidentals, the sum Of eleven thousand H.
lars
For incidental expenses Of the Office Of shs
Board of Public Works. including the salaries
Of Secretary and assistant Secretaries. fnrni-
tuTe, record books, stationary, blanks, postage
and expenses Of the Board, three thousand dol.
lars.
For payment Of Engineer 20 guage surplus
water. leased and now used frOm the canals
aud slack wa'er improvements Of the Sttts,
ffteen hund ed dollars. r..L 1
For the payment Of the salaries Of the Men
bers of the B1ard Of Public works. the gum If
fJrtv- FIVE hundred dollars. vs.
SEc 3 The parties to the several contracts
made by the Board OF Public Works, on ssfd
thirteenth Of November, 1855. for the keeping
in rerair The Public Works of the State. and !.
all others claiming to DC interested under them:
in said contracts, by assignment or Otherwise
are hereby authorized. within ninety days
from the passage Of this art. to bring an acrion
in the Superior Court. or COtnm6n Pleas Cont
of franklin county. against the 81 aye OF Ohio.
on said contracts, for the recovery ofsGcA dam
ages, if any. as may be due them on account
of the refusal Of the State In execute said con
tracts; and said action shall be proceeded In
to final Judgment according to ths Code of
Civil Procedure, as in cases b-twren private
individuals.
Sac 3. The parties to said several actions,
shall have the same right of appeal. and ~
prosecute writs of error as is or may be proVi-
ded for in suits between other parties .an
either party may appeal FROM judgments rem
dere1 in said Superior Court. the sane a. If
the Judgment were in the Common Pleas Court
and upon the same terms and Conditions a.
are herein provided Il to Judgments IL said
Common Pleas Court. The State shall NOT Dc
required to give bond on appea. or the pro,s
cution of any petition in error. but the appes
shall be perfected or the part of the Stzte. ON
the fling in the appellate Court Of the papers
of the several cases or transcript of the isur-
nal entries of the common Pleas Court
SEc L. Service Of summons in the Cum
mencement of said suits may be made on tn.
Attorney General, for the State, and the ..r-
vice of all orders, summonses. and notices
which may be necessary in the prosecution of
said actions shall be eomPlste If made upon
said Attorney General.
SIC. s. Said Attorney General is hereby
directed to defend all suits which NAV BE-
brought on any of said Contracts, and al acts
in the premises done by him shall be valid
for ard against the State.
SEE. 6, Said Attorney General is hereby
authorized to employ such assistant counsel
and agents as he may deem necessary, and
their compensation shall be paid out Of the
Governor S contingent fund, on the certifcats
OF said Attorney General. "a
Sac. Z, Process may issue from said court
TO any county of this State. to summes and
secure ths personal attvndsnce of such Wit
nesses as may be required By either party.
and said process shall in all cases be served
by the proper officer Of the county 10 which il
is issued: Provided that either party nav
take depositiOns Of witnesses residin< Ouy Of
Franklin county. t. .--e-f-
SIC. s. The several actions herein author.
lied TO be brought shall have preferences in all
courts over all other suits pending therein.
SEC. 9. The Board of Public Work. i.
hereby authorized to purchase of the several
contractors of the several sections fthe pub
lie works for whom no appropriation Is made,
all boats, topls, horses. and materials owned
and provided by them for repAirin, said ses-
ers' sections, aud pay for the same out Of aay
money herein appropriated: PrSrilsi, thaI
no properly heretofore taken Of the state py
any contractor at an appr2ismaht shall be
taken by the Safe at aprIcs higher than that
allowed TO the State for The same, except in
cases of boats the value %! which NAV have
been materially Increased BY repsirs In
case Of purchase. the value Of ali articles TAX
en- shall be determined by three disinesr<st-d
men, acting under oath. fairly and iupartialiv
to discharge their duty. and TO bs caosen Jby
The board: Or BY the member thereof having
charge Of the section on which said articles
have been used.
Ssc. 10. The Board Of Public Works i
hereby sathorizs1 to res:iye the surYendsrof
'he several contracts hereinbefurs made for
keeping in repair the Public Works Of the
State. other than the contract relating 70 said
section three. from such Of said Contractors A
may desire 10 mako such surrender. aad -
pay the said several Contractors the setu.l
value of all ork done by them in pIrsaSnes
of laid contract. since the 18th dsy Of No.
Vember. ls56. tH1g 80 s1esi lIsl-
SEc. III. The said Board is sl.o al authorized
ana directed 10 pay out Of the m,neys her-ia
Appropriated, To each Of said contractors dfh.
sr than the contractor on said section ih-ee,
,he just and true value OF all work done bv
hem under thsir respective coatracs< since
he commencement OF tho PRESENT ti-esl wear.
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