The Ashland union. [volume] (Ashland, Ashland County, Ohio) 1854-1868, 1859-10-05
fco,,rn.a Fro,, Esr,t Pso.l


fCon,iuued Frors Fsyst Psg%}
real and PERSONAL estate above all his or their debts
aud liabilities. Every collector or other person aP
pointed by said iessees, or any of them or their as
signs, TO receive tolls on said public works, shall
make monthly returns, verified by his oath to the
auditor of state of the amount received oy him dur
ing the month preceding. and it shall be the duty OF
said collector, or other such appointed. to pay into
the state treasury ten per centum OF all such collec-
tions, which shall be retained in the treasury As in
demnity against the failure Of such lessee to perform
the stipulations of his or their lease. But said mon
ey shah be repaid to s1ch lessee or lessees at the end
Of eaoh year by the state treasurer upon the war
rant of the state auditor; provided that the auditor
shall not issue his said warrant until the board OF
public works, or q majority Of them, shall have first
certified in writing that the covenants and stipula-
lions Of such lease have in all respects been fully
aud faithfully performed up to the end OF the year
Aforesaid.
Soc. g. There Is hereby appropriated out of any
moneys in the treasury, not otherwise appropriated,
for the first three fourth OF the fiscal year, ending
November 18th, 1859, the several sums of money
harsinsher named, or 30 much thereof rs may be
necessary for the several purposes indicated. On d-
vision number one, to be paid out on the check Of
Ahner L. Backus, acting commissioner for construc-
tion, superintendent and repairs. sixty-siK thousand
dollars. for building and repairing wooden locks,
zen thousand dollars; for payment for work on In
dependence Dam, hyethousand dollars. On division
1nmber two. to be psid out on the check Of john
waddle, acting commissioner: For building guard
bank above Paint creek acqueduct, six hundred and
.ecordinp to instruction OF Joint resolution of gem
er,l assembly, seven hundred dollars; for paymen
Of damages to Dennis McCarty & Co., under joint
resolution Of general assembly. three thousand ooi-
lars, to be paid out of appropriation to complete the
Lancaster side cut, made April 3, 1907, which aP-
preparation il hereby renewed, and continued Tor
Ibis purpose; for the payment Of the states proper
,;on tovards building bridge over Walnut creek, at
Lockburn, fifteen hundred dollars, and when said
bridge is built, the same shall be used by the state
for towing path purposes free of toll; for construc-
ion, supsrintendeuce. and repairs, h%ny-four thou
and. one hundred and seventy five dollars. On d-
-isio, number three, 70 be paid out on the check Of
Jno. =. Martin, acting corami 'sioner; FOR the pay
raant os repairs under contract, eleven thousand one
hundred and ten dollars; for paynen of balance due
On boats. tools and materials taken from contractors,
ono thousand nine hundred anu nifty dollars: Tor su-
rerintendenoc, construction and repairs, sixty-onc
thonsand dollars; for payment Of outstanding checzs
for superintendence and repairs drawn beyond for
mer appropriations. oae thousand nine hundred and
ninety-fye dollars and twenty one cents; for gener-
Al expenses, not included in superintendent and re-
pairs, the following sums are hereby ordered to be
Maid in addition to the amount before stated TT
payment Of claims found due and settieo oy the Doaro
a. nublic works. one thousand dollars; for payment
Of atiorney's fees and incidental expenses, eighteen
hundred dollars; for payment of salaries OF resident
engineers, seven thousand nve hI"orea eoiarsi LOT
payment Of salaries of members OF the board Of
public works, four thousand five hundred dollars;
for payment Of outstanding checks on claims, for Ia
Dor done previous to November 10th, $685. on dlvis-
ion No. one, seven thousand dollars; for payment
of outstanding checks for laber on division No. two,
ave thousand i've hundred and seventy-three dollars;
for Improvement of mouth OF Muskingum river, six
thousand dollars; for repairing or reconstructing
the crib at the Malta mills in Morgan county. agree
ably to the joint resolution of the general assembly
twenty-five hundred dollars; for protecting the
banks of the Muskingum river at West GAINESVILLE,
eieht hundred and twenty five dollars for compile
fioS Of basin on old Penitentiary let in Columbus,
seven hundred and fifty dollars.
Sec. Z. If any member of the hoard Of public
works shall directly or indirectly hold or purchase
any interest in the lease of any section made and
executed under the provisions Of this act, or shall
sombiHe or collude with any lessee or lessees OF the
ssme to prevent the faithful execution OF the provis-
ions herein contained, he shall be deemed and held
guilty Of n m~isdemeanor, and shall upon conviction
thereof be fined in any sum not less than one thou
sand dollars nor more than three thousand dollars,
and said lease shall hereby be forfeited to the state.
Sec. 8. That said lessee or lessees shall not as
sign their said leases without the assent of the board
of public works thereto, entered IN writing on SAID
leases. and upon the journals of said board, and in
svery such case of assignment the said assignees
shall be held to have assumed all liabilities to the
state of the original lessee or lessees under this act,
aud to be governed in every particular as by thisact
che original lessees arc now bound, SO far as the
name may be applicable thereto.
/. Sec. 9. Whenever said lessee or lcsseeS shall re-
fuse or neglect to supply the lessee or lessees of wa
ter rents or said Improvement and canals, whereby
injury may accrue to said lessee or lessees of water
rents, the said lessee or lessecs of water rents may
have and maintain an action directly against said
lessee or lessecs of said improvement or canals, or
his or their assigns, for the amount of such damage
or injury in the court Of common pleas Of the coun-
lK.nH (WHICH 6alu HdtCE III LANJ ~ y OA1AoNe
Sec. 10. The said lessee or lessees of each Sec
tion of the public works, as provided in this bill,
shalt receive all material provided or contracted for,
and boats, scows, tools, implements, horses, mules,
and other property now in use by the superintendent,
except as hereiubefore provided. belonging to the
state on each Of said sections, At their appraised val
ne. which appraisement shall be made by three judi
cioua, disintcrcsted persons to be appointed by the
board of public works, and pay their appraised val
ne. at such times and in such sums rs may be de-
termined by said board, and ut the end and expira-
a., ~ tho lnaza nr laaees Aforesaid. the said board
Of public works shall receive the said boats, scows,
tools, Implements, horses, mules, and other property
then in use by said lessee or lessees at their then aP-
praised value, which appraisement shall be made in
The same manner as that hcreinbeforep provided, and
the said lessee or lessees shall be entitled to receive
and pay therefor from the state at the said appraised
value.
Sec. IL. There shall be and is hereby reserved
to tho state the right to determine and put nm end to
any lease executed by virtue of the provisions OF
this act, but in such case the state shall, by law,
cause at least one years previous notice of its inten-
ton SO to do, to be given to said lessee or lessees.
Sec. IL. 1t shall be the duty of each member of
the board Of public works to pass over and inspect
the division under his immediate charge, as often as
once every ninety days. and the engineer of such
division so often as once in thirty days, and report
70 the board, from time to time, the result OF such
examinations.
Sec. 10. Whenever it shall become necessary in
order to repair, protect or reconstruct any of the
public works of the state, or to prevent injury to the
property of any person, persons or corporations &C.
casisned through or by the public works, to aPpro-
pirate TO the state the property Of any person or
persons or corporations, or any easement INTO or
over the same, the same shall be done in accordance
with the provisions of existing laws, and the com
pensation assessed for the property so appropriated
shah be refunded to the treasury by the Lessee or
1essees Of tho section for the benefit of which such
appropriation is made, and if not so refunded shall
be deducted out Of the money by this act required
70 be paid into the treasury by said lessees, and the
title to all property so appropriated shall vest in the
state.
- Sec. IL. That II the said public works shall not
propriated out of any moneys in the treasury, the
following sums of money. for the following purposes,
and to be paid out in the manner following: For
general superintendence and repairs on division No.
one- "A the same Is Designated in the act Of April 8,