The Ashland union. [volume] (Ashland, Ashland County, Ohio) 1854-1868, 1857-05-20
III AN ACT

in the treasury derived from the Public
Works, and otherwise appropriated: for
construction, repairs, superintendent and
expenses on the Public Works of Ohio,
exclusive of section number three, as de-
fued by the contract relative thereto, of
date November 18th, 1855, for the year
one thousand eight hundred and ffty-sev=
en-, the following sums, to wit:
For constructing and repairs, the sum
of two hundred and. forty thousand dol
lars, to be expended By the Board of Pub
lie works, which is hereby authorized and
directed to proceed Immediately to put all
the canals of the State, other than said
section number three, in good ~navigable
condition, and the other Public Works of
the Stale, in condition for use.
For superintendeDce, attorneys fees,
and incideutals, the sum of eleven thous-
and dollars.
For incidental expenses ofthe Office of
the Board of Public Works, including the
salaries of Secretary and assistant Secre-
t%aries, furniture, record books, stationery,
blanks, postage, and expenses of the
Board, three thousand dollars.
For payment of engineer to gauge sur
plus water, leased and now used from the
canals aud slack water improvements of
the State, fifteen hundred dollars.
For the payment of the salaries of the
members Of the Board of Public Works,
the sum of forty-ive hundred dollars.
Sec. 2. The parties to the several
contracts made by the Board of Public
Works, Gu said thirteenth of November,
1855, for the keeping in repair tic Pub
lie Works of the State, and all others,
claiming to be interested under them in
said contracts, by the assignment or 9TH
erwise, are hereby authorized, within
ninety days from the passage of this act,
to bring an action in the Superior Court,
or Common Pleas Court of Franklin ccun-
ty, against the State of Ohio, on said con-
tracts, for the recovery of such damages,
if any, as may be due them on account of
the refusal of the State to execute said
contracts and said action shall be pro-
cceded into fiual judgment according to
the Code of Civil Procedure, as in cases
between private individuals.
SEC. 3. The parties to said several
actions, shall have the same right of ap-
peal, and to prosecute writs of error as is
or may be provided for in suits between
other parties {; and either party may ap-
peal from judgments rendered in said Su-
pcrior Court, the same as if the judgment
were in the Common Pleas Cortland upon
the same terms and conditions as are
herein provided as to judgments in said
Common Pleas Court. The State shall
not be required to give bond on appeal or
the prosecution of any petition in error,
bnt the appeal shall be perfected on the
part of the State, on the filing in the APP
pellate Court Of the papers Of the several
classes, or a transcript of the journal en-
tries of tho Common Pleas Court.
SEC. 4. Service of in the
commencement of said suits may be made
on the. Attorney General, for the State,
andthe service of all orders, mons
and notices which May be necessary in
the prosecution of said actions shall be
complete if made upon said Attorney Gen
eral.
SEC. s.. Said Attorney General Is
hereby directed to defend all suits which
may be brought on any of said contracts,
and all acts in the premises lone by him
shall be valid for and against the State.
SEC. 6. Said Attorney General is
hereby authorized to employ such assist
ant counsel and agents as he may deem
necessary, and their compensation shall
DC paid out of the Governors contingent
fund, on the certificate of said Attorney
General.
SEC. Z. Process may issue from said
court to any county of this State to sum
mon and secure the personal attendance
of such witnesses as may be required by
other party and said process shall in all
cases be served by the proper officer of the
county to which it is issued: Provided,
that either party may take de positions of
witnesses residing out of Franklin
ty-
SEC. s.. The several actions herein
authorized to be brought hal have prefer
ence in all courts over all other courts pen
ding therein.
Sec. g.. The Board of Public Works
is hereby authorized to purchase of the
several contractors of the several sections
of the Public Works for whom no appro-
priation is made, all boats, tools, horses,
and materials owned and provided by
them for repairing said several sections,
and pay for the same out of any money
herein appropriated Provided, that no
property heretofore taken of the State By
any contractor at an appraisement shall
be taken by the State at q higher price
than that allowed to the States for tie
same, except in cases of boats the value of
which may nave been materially increased
by repairs. In case of purchase, the val
ne of all articles taken shall be determined
by three disinterested men, acting under
oath, fairly and impartially to discharge
their duty, and to be chosen by the
Board, or by the members thereof having
charge of the section on which said arti-
clcs have been used.
SEC. 10. The Board of Public
Works is hereby authorized to receive
the surrender of the several contracts
hereinbefore made for keeping in repair
the Public Works of the State, other than
the contract relating to said section three
from such Of said contractors as may de-
sire to make such surrender and to pay
the said several contractors the actual val
ne of all work done by them in pursuance
of said contract, since the 18th day of
1856
SEC. IL. The said Board is also au-
thorized and directed to pay out of the
moneys herein appropriated, to each of
said contractors other than the contractor
of said section three, the just and true
of all work done by them IN
der their respective contracts since the
Commencement of the present fiscal year.
SEC. IL. In case the plaintiff to any
suit herein authorized. to be brought