Preble County Democrat. [volume] (Eaton, Ohio) 1857-1859, 1857-05-14
XIX.

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after the rising of such, Court, give an
undertaking, with one or more sufficient
sureties to be approved by the Clerk Of
the Court, or any Judge thereof, in tho
penalty and with the conditions herein
after provided. When party to such
judgment or decree shall have given no.
tice, as aforesaid, and shall die within
the time limited for such appeal, and
before perfecting the same, the admin
istrator or executor of such deceased
party, at any time within thirty days
after his appointment and qualification
and within ninety days after the death
! of such party, may cause notice of his
intention, as such administrator or ex-
ecutor to appeal such cause, to be enter
ed upon the journal of said Court; and
such administrator or executor shall
thereby be made a party to such judg-
ment or decree, and such appeal shall
be considered as perfected, and no IN
dertaking shall be required, but the same
proceedings shall be had in such cause
as in other cases of appeal.
Sec. 2. The original section two of
| said act is hereby repealed. r-:'E.s
L SEC. 3. This act shall take effect
from and after its passage. % y. --..-s
| N. H. VAN YORHES,
Speaker of the House of Representatives
-2 -'.-sr THOMAS IT. FORD,,-aa
--E 1T President of the Senate.
- April IA, 1857, .-,-fnio.cs
mo. III 60 AN ACT e.. -
Making appropriations for the Public
'- Works, for 1857.
SECTION /. Be it enacted by the Gen
eral Assembly Of the State of Ohio, That
there is hereby appropriated out of any
moneys in the treasury derived from the
Public Works, and not otherwise ap-
propriated, for construction, repairs.
superintendenee and expenses on the
Public Works of Ohio, exclusive of sec
ton number. three, as defined by the
contract relative thereto, Of date Novem-
Der 18th, 1855, for the year one thous-
and eight hundred and ifty-seven, the
! following sums to wit: lu .r o.:
For construction and repairs, the sum
of two hundred and forty thousand dol
lars, to be expended by the Board of
Public Works of Ohio, which is hereby
authorized and directed to proceed i'm
mediately 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 State In
conditi on for use. H' ~ sia- ~.
For superintendence, attorneys fees,
and incideutals, the sum of eleven thou
sand dollars. g.. -...-. .. i-...--.s.---....-
For incidental expenses of the Office
of the Board Of Public Works, includ-
ing the salaries of Secretary and assis-
tant Secretaries, furniture, record books,
stationery, blanks. postage, and expen-
ses Of the Board, three thousand dol
lars.
For payment of Engineer to guags
surplus water, leased and now used from
the canals and slack water improve
ments of the State, fifteen hundred dol
Ials.
For the payment of the salaries OF
the Members of the Board of Public
Works, the sum of forty-fve hundred
dollars $3.50 4EGD-f rssT3F
SEC. 2. The parties to the several con-
tracts made by the Board of Public
Works, on said thirteenth of November,
1855, for the keeping in repair the Pub
lie Works of the State, and all others,
claiming to be interested under them In
said contracts, by assignment oe other
wise, are hereby authorized, within nine
ty days from the passage of this act, to
bring an action in the Superior Court,
or Common Pleas Court, of Franklin
County, against the State of Ohio, on
said contracts, for the recovery of fasuchi
damages, if any, as may be due them on,
account of the refusal of the State to
execute said contracts; and said actions
shall be proceeded in to final Judgment
according. to the Code of Civil Proce-
dure, as in eases between private indi-
yiduals.
SEC. 3. The parties to said several
actions, shall have the; same right of ap-s
peal, and to prosecute writs of error az,
is or may be provided for in, suits be-.
tween other parties; and either party
may appeal from judgme rendered IN
said Superior Court, the same as if the
Judgment we're in the Common Pleas
Court, and upon the same terms and
conditions as are herein provided as to
iudment in said Common Pleas Court.
The State shall not be required to give
bond on appeal or the prosecution OF
any petition in error, but the appeal
shall be perfected on the part of the
State, ON the filing in the appellate Court
of the papers of the several cases, or n
transcript of the journal entries of the
Common Pleas Court.
SEC. 4. Service of summons in the
commencement of said suits may be
made on the Attorney General, for the
State, and the service of all orders, sum-
monses and notices which may be nee
essary in the prosecution of said actions
shall be complete if made upon said
Attorney General, ..
SEC. 5. 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 done by
him shall be valid for, and against the
State. e,,..fr- e.. -..fl..... ...- -......r
SEC. 6. Said Attorney. General is here.
by authorized to employ such assistant
counsel and agents as he may deem nee
essafy, and their compensation shall be
mid ont re tho Gaynrnor's oonfinoank