Holmes County Republican. [volume] (Millersburg, Holmes County, Ohio) 1856-1865, 1859-06-16
March 81, 1859.
AN ACT

SECTION l. Be It enacted By the General As
esabiy Of The State of Ohio. That for the pur-
pose of settling with the Miami hydraulic and
manufacturing company for the construction of
the enlargement of the Lewistown reservoir,
and eanceling the contract relative to said en-
largement between the state and said company
the sum of ninety-one thousand one hundred
and sixty seven dollars and eighty five cents is
hereby directed to be paid said company by
the auditor of state and attorney general, in
the manner and upon the terms in this act con-
tanned.
Sec. 9. The auditor of state is hereby di-
rected, Immediately upon the passage OF this
act, to draw his warrant upon the treasurer in
favor of Boyle & Roach, for the sum eighteen
thousand one hundred and fifty-seven dollars
and fifty y-seven cents, which sum, when so paid
to said Boyle d Roach. shall be deducted out
of the amount in the first section of this act
directed to be paid said company for said en-
largement, and when SO paid, the receipt of said
Boyle d Roach to the State of Ohio shall be
received by said COMPANY, as SO much money,
and shall operate as an extinguishment of SO
much of the cost of the enlargement of said re-
servoir, and shall forever aequit and discharge
said company of all liability TO Boyle d Roach
for any claims or demands on the part of said
Boyle Roach against said company on ac-
count of said enlargement.
Sec. 3. Ii the said Miami hydraulic manu-
featuring company shall not settle with the
state and surrender all rights acquired under
the contract for the enlargement of said reser-
voir, and do not perform all other acts required
by this act according to the terms thereof, then
their right to collect water rents for surplus wa
ter of said reservoir. of the Miami and Erie ca
nal shall be suspended; and the board of pub
lie works are hereby directed TO collect and pay
into the treasury all water rents of said seser-
voir or canal until said rents so collected shall
be equal in amount to the sum paid said Boyle
d. Roach. and the accrued interest thereon COM
puted at per cent. per annum.
Sec A. Upon the settlement with said COM
pcny for the enlargement of said reyeryoir, said
company shall be charged with all water rents
by them collected upon said reservoir and the
Miami and Erie Canal, and with interest there
on from the time the same were received by
said company, computed at the rate of six per
cent per annum; and upon payment of the bal
anee due said company, after the payment of
Boyle d. Roach and the deduction OF the water
ronts, as in this act directed said company shall
convey to the State of Ohio all lands by them
owned and held in connection with said reser-
voir and the contract between said company and
the board of public works, made under and in
pursuance of the act of April Z, 1856, shall be
void and of none effect; and all leases made and
rights acquired hereunder by said company, to
all intents and purposes shall vest in and be en-
loved by the State of Ohio, and the board of
public works, on being notified by the attorney
general of the final settlement of all claims as
herein provided, shall take possession of said
reservoir and its appurtenanees, shall take pos
session of said reservoir and it's appurteHaHees,
shall contract for and collect all water rents aris
ing out of the lease of the surplus water of the
6 H. Eyia fbac
as fiji said contract had never been made,
whenever the said company shall perform the
matters and things in this section required, the
same shall be taken and held as surrender of
the said reservoir and of all she rights and in
terests of said company acquired under the con-
tract for the enlargement thereof, and audi
tor of state shall thereupon draw his warrant
for whatever balance may be due them after
making the deductions in this act directed.
Sec. 5. The capital stock of said company
negotiated by F. S. Hamlin 10 William III. Glib
sou, and shown by the testimony taken by the
treasury investigating committee to be in the
hands of C. L. johnson, is hereby declared 10
be the property of the state and all liability of
said company to said Gibson. johnson, or any
assignee of them or either of them, is hereby de-
clared annulied and made void; and the pro rata
dividend due said stock, on settlement of said
company with its stockholders, is hereby direct
ed to be retained as the money Of the State of
Ohio; and the same shall be credited to W. H.
Gibson upon whatever amount he may be found
to owe the state on settlement of his accounts as
treasurer of state.
Sec. 6. The auditor of state and attorney
general are hereby detected and empowered to
settle with said company, under and in accord
ance with the provisions of this act. All pay
ments of money in this act directed shall be
made on the warrants of the auditor, and attor-
ney general in the execution of this act shall be
reimbursed out of the treasury; and this act
shall be in force from and after its passage.
WILLIAM B. WOODS.
Speaker of House of Representatives.
MARTIN WELKER,
President of the Senate.
March 81, 1859.