The Perrysburg journal. [volume] (Perrysburg, Ohio) 1853-1861, 1857-06-25
LAWS OF ono.
pUBLlsHED BY AUTHORITY.
No. I'LL AN ACT
Making Appropriations f!r the Pablio Works f''
- 1851

Making Appropriation ! u tne u"i'" W. 'N'' ''
1851
sec.-1. De it enacled by the General Assembly
nf the State of Ohp, That there l. hereby apNo-
priated out of any moneys in the treasury derived
from the public works. and moi otherwise appro'
plated, for construction, repairs sIgerihtehuenee
and expenses the public works OF ONO, exciu-
siye of section number three, as defined by tne
contract relative thereto, of date November 18th
1855. for the year 1857, the following sums, to
wit;
hupdred and forty thousand dollars, to be ex'
pended by the Board of Public Works, which is
hereby authorized and direct d to proceed imne-
diately to put all TIE canals oil the state other
than said section number three, in good naviga-
hle condition and the other public works OF the
State in condition for use.
For superinte ndence. attorneys fees, and incl
dentsls, the sum Of eleven thousand dollars
For incidental expenses of the office OF the
Board Of Pebble Works, including the salaries OF
Secretary and assistant secretaries, furniture, re-
cord books, stationery, blanks, postage, and eX
penses Of the board three thousand dollars
For payment of engineer to guage surplus
water. leased and now used from the canals and
slack water improvements OF the State' nlteeh
hundred dollars. .
For the uayment of the salaries of the Members
of the Board of Public WORKS. the sum oi lort!
Eve hundred dollars.
Sec 9. The parties to the several contract
made by the Board of Public Works, on said
thirteenth of November 1865. for the keeping in |
repair the public works oil the OlhIe anu al oIh-
ers claiming to be interested under them in sad
contracts BY assignment or otherwise, are here
by autoIEed, within ninety days from the passage
Of this act to bring action in the superior
Court, or Common Pleas court oI FRANKLIN coun-
Nv. against ,he State of Ohio, said contracts.
for the recovery of such damages, if any, as may
be due them account of the refusal OF the state
to execute said contracts; and said actions shall
be proceeded into final Judgment according to the
code civil procedure, as IN cases between Pfl-
vate indi ,iduals.
Sec 3. The parties to said several actions, shall
hive the same right of appeal, and to prosecute
writs of error is may be provided Tor IN suits
between other parties, AMI either party may ap' |
peal from judgments rendered in said superior
court, the same if the Judgment were IN the
common pleas court and upon the same terms and
.ndtions 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 prose.
sution ofany petition in error, but the appeal shall
be perfected on the part of the Sta e, on the ming
in the appellate court of the papers OF the several
cases, transcript of the journal entries oil the
Common Pleas Court
Sec 4 Service of summons in the commence
ment of said suits may be made on the Attorney
General, for the State, and the service of all or
ders, suInmonses and notices which may be nee
essary in the prosecution OF said actions shall De
complete if made upon said Attorney General
Sec 5. Said Attorney General i hereby direct !
ed 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 fof and against the
State.
Sec. G. SAIL Attorney General is hereby author
lied to employ such assistant COUNSEL and ugents
as he may deem necessary, and their compensa-
tion shall be paid out of the Governors contin
gent fund, the certificate of said Attorney Cen
eral.
Sec. 7. Process may issue from said court to
ALy county of this State, TO summon and secure
the personal attendance OF such witnesses as may
be required by either party; and said process shan
LII 4 lrth thn .tflpa f. tBp
county to which it is issued Provided that either
party may take depositions of witnesses residing
ont of Franklin county.
Sec. 8. The several actions herein authorized
to be brought shall have preference in all courts
over all other suits pending therein.
Sec. g The bosrd of Public orks is hereby
authorized to purchase of the several contractors
of the several sections of 1he pubilc works Tor
whom no appropriation is made all boats, tools,
horses, and materials owned and provided by
them for repairing said several sections, aud pay
for the same out of any money herein approPra
ted Provided, that nO property heretofore taken
of the State by any contractor at an apPraisemeut
shall be taken by The State at price higher than
that allowed to The State for the same, except in
cases of boats the value Of which may have been
materially increased by repairs In case OF pu--
chase, the value of all articles taken shall be de-
teImined by three dsInterested men, acting under
oath, fairly and impatially to discharge their du
ty and to be chosen by the board or by the mem
Der thereof having charge OF tae section on which
said articles have been used,
See 10 The Bo I'd of Public Work is hereby
authorized to receive the surrender of the several
contracts heIeinbefOre made for keeping in repair
the public works of the State, other than the con-
tract relating 10 section three, from such OF said
contractors y desire to make such Surrender
and to pay the said several contractors the actual
value OF all work done by them in pursuance of
said contract, siuce the 18th day of November,
1856.
Sec. II. That said board is also authorized and
directed to pay out of the moneys herein appro-
priated to each of said contractors other than the
contractor on said section three, the just aud
true value of all work done Dy them under their
respective contracts since the commencement of
the present fisesl year
Sec. 10. In case the plaintiff TO aLy suit here
In authorized to be brought against the State,
shall recover damages against the same,
count of the non-performance OF said contracts, ,,
and final Judgment be in favor of said plaintiff,
the Board OF Public Works is hereby authorized,
if in the opinion of the board it will subserve the
interests Of the State, to renew with each of said
parties recovering the contracts upon which
The recovery may be had, for the portions of said
five years remaining after said dnal judgment; !;
said renewal shall not be made except upon the
giving oil sufficient security satisfactory TO the
board, for the faithful performance of saiG con.
tracts, and upon the release by The party recover
ing said judgment, to the State, much of
said damages recovered, as may, by the board
be deemed an amount Justly proportiOnate to tie
portions of said five years remaining after the
date Of said final judgment with reference to the
period for which damages shall have been recov.
cred.
Sec. l3. This act shall take effect on its pas
sage.
n H. VAN WORRIES,
Speaker of the House of Representatives.
THOMAS II. FORD,
President of The Senate.
April Is, 1857.
No. llsl AN ACT
To provide for the more adequate punishment Of
the crime of maliciously killing and injuring
horses and other animals.
$50. l. Be it enacted by the General Assembly
Of the State of Ohio, That if any person or per
sons shall wilfully and maliciously kill destroy
any horse, mare, foal flly, mule, ass, sheep. goat