Holmes County Republican. [volume] (Millersburg, Holmes County, Ohio) 1856-1865, 1859-07-28

inteRdeRfs. colleetoTs. inspectors, lock tenders,
weighmasters- and such other officers and agents
as may be necessary; and said superintendents,
collectors and other officers and agents. shall
have and exercise the same power and authority
in the collection of tolls and water rents and
the leyying of fines as can now by law be ex-
ercised by similar officers and agents appointed
by the State. and said lessees shall be governed
by the rules and regulations for navigating the
canals and Muskingum Improvements ROW in
force. subject 10 such alterations and additions
as may hereafter be established by law or the
board of public works
See. 5. 1t shall be the duty Of the attorney
general, and he is hereby required TO prepare a
form of bond and lease IN furfherance of the pro-
visions of this act, to be used between the State
OF Ohio and the lessees Of the public works. and
the board of public works shall have the same
printed and ready for inspection en- or before the
first day of August Bexi. which form and no
other shall be used in completing the contract
entered into BY the lessees OF the public works,
as provided for in this act; The security requir-
ed by the board fpablic works of the said les
secs for the performance of their several under
iakings, other than that directed and required to
be deposited at the time of said bidding, shall
consist of the state stocks Of Ohio, C. s. stocks,
deposited with the auditor of state. upon N hich
est SO long as the covenants of said lessee are
fulfilled and kept, and TO be returned TO tho m
by order of said board on the termination of
their respective leases, provided no forfeiture of
the same shall hare happened during the con-
tiRuepce of said lease; OF good and sufficient
personal or real estate security TO the satisfac-
tion of the board of public works: and the said
board of public works are hereby authorized,
whenever they may deem it proper. TO require
of any person or party offered for sec-rity. a
statement, under oath, of the cash value of his
or their real and personal estate above all his or
their debts and liabilities. Every collector or
other person appointed by said lessees, or any OF
them or their assigns, TO receive tolls on said
pubic works. shall make monthly returns, veri-
fed by his oath to the auditor of stale of the
amount received by him during the month
preceding. and it shall be the duty of said col
lector. or other such appoiniee. TO pay into the
state treasury ten per eeBtum Of all such collec-
tons, which shall be retained in the treasury rs
against the failure of such lessee or
lessees to perform the stpulafions of his or their
lease. But said money shall be repaid TO such
lessee or lessees at the end OF each year by the
state treasurer upon the warrant of the state au-
ditor; provided that the auditor shall not issue
his warrant until the board Of public works. or
i majority of them. shall have first certified in
writing that the covenants and siipulatioHs of
such lease have in all respects been fully and
faithfully performed up to the end Of the year
Aforesaid.
See. 6. There is hereby appropriated out of
any moneys in the treasury, not otherwise ap-
propriated for the first three fourihs of the fiscal
year. ending Nov. Is. 1859, the several sums
If money hereinafter named. or so much thereof
IS may be necessary Tor the several purposes in
Heated. On division number one, TO be paid
put on the check of Abner L. Backus. acting
for construction. superintcndeuce
md repairs, sixty-six thousand dollars; for
building and repairing wooden locks, ten thou
and dollars; for payment for work on lnde-
oendence Dam. five thousand dollars. On d.
Tision number two. to paid ont on the check of
Iohn Waddle, acting commissioner. Fer build
ng guard bank above Paint creek acqueduct.
,ix hundred and fifty dollars; for building guard
,ank at Athens, according TO instruction OF joint
esolution of general assembly. seven hundred
lollars; for payment of damages to Dennis Nc
Jarty d Co., under joint resolution of general
three thousand dollars, 10 he paid out
# appropriation to complete the Lancaster side
ut, made April 3. 1857, which appropriation is
hereby renewed, and continued for this pur-
,ose; for the payment of the states proportion
oward building bridge over Walnut creek, at
1ock burn, fifteen hundred dollars. and when
aid bridge is built, the same shall be used by
he state for towing path purposes free of toll;
or construction, superintendence, and repairs,
ifty-four thousand, one hundred and seventy
i've dollars. On division number three, TO De
,aid out on the check of JRo. L. Martin, acting
commissioner: For the payment of repairs un-
Ter contract, eleven thousand one hundred and
en- dollars; for payment of balance due on boats.
ools and materials taken from countractors. one
housand nine hundred and fifty dollars, for su
construction and repairs. sexty-
me thousand dollars; for payment of outstand
ug checks for superintendence aud repairs
irawn beyond former appropriations. one thou
and nine hundred and nineiy-five dollars and
wenty-one cents; for general expenses, not in
;luded in superintendence and repairs. the fol-
owing sums are hereby ordered TO he paid in
.ddifion 10 the amount before stated; for pay
nent of claims found due and settled by the
,oard of public works, one thousand dollars:
or payment of attorneys fees and incidental
expenses, eighteen hundred dollars; fer payment
# salaries of resident engineers. seven Thousand
i've hundred dollars; for payment of salaries of
members of board of public works, four thou
and five hundred dollars; for payment of out
tanding checks on claims for labor done pre-
ious to November 18th. 1858, on division No.
ne, seven thousand dollars; for payment of out
i've thousand five hundred and seventy-fhree
ollars; for improvement of mouth Of Muskin-
um river, six thousand dollars; for repairing
r demonstrating the crib at the Malta mills in
dorgan county. agreeably to the joint resolution
f the general assembly, twenty-five hundred
ollars; for protecting the banks of the Muskin-
um river at West Zanesville. eight hundred and
dollars; for completion of basin on |
Id Penitentiary lot in Columbus, seven hun |
red and fifty dollars.
Sec. Z. If any member of the board OF pub |
&c works shall directly bold or purchase any |
lterest in the lease ofany section made and ex- |
cuted under the provisions Of this act, or shall |
Dmbine or eollude with any lessee or lessees of
he same to prevent the faithful execution ofthe |
rovisions herein contained, he shall be deemed |
nd held guilty of misdemeapor. and shall up |
n conviction thereof be fined In any sum not |
ass than one thousand dollars nor more than |
hree thousand dollars, and said lease shall there
y be forfeited to the state.
Sec. 8. That said lessee or lessees shall not
ssign their said leases without the assent OF the
Oard of public works thereto. entered in writ
Dg on said leases, and upon the journal of said
oard, and in every such case of assignment the
aid assignees shall be held to have assumed all
liabilities 70 the state of the original lessee or
essees under this act, and 10 be governed in
very particular as by this act the original les
ees are now bound. so far as the same may be
applicable thereto.
See. 9. Whenever said lessee or lessees shall
efuse or neglec; to supply the lessee or lessees
f water rents on said Improvement and canals.
Whereby injury may aecure to said lessee or les
ees of water rents, the said lessee or lessees of
7ater rents may have and maintain an action
irectlv against said lessee or lessces of said
Improvement or canals, or his or their assigns,
Or the amount of such damage or injury in the
ourt of common pleas of the county in which
aid water rents may be situate.
Sec. TO- The said lessee or lessees of each
ec;ion OF the public works, as provided in this