Belmont chronicle. [volume] (St. Clairsville, Ohio) 1855-1973, 1859-05-19

amount received by him during the month pre-
,edng, and it shall be the duty of said collector,
or other such appointee, to pay into the state
treasury ten per centum of all such collections, !
which shall be retained in the treasury as indem
nifty against the failure of such lessee or lessees
to perform the stipulations of his or their lesse
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 auditor;
provided that the auditor shall not issue his said
warrant until the board of public works, ma
jority of them, shall have first certified in wri-
thug that the covenants and stipulations of such
lease have in ali respects been fully and faithful
ly performed up to the end of the year afore-
said.
Sec. 6. There is hereby appropriated out of
any moneys in the treasury not otherwise ap
propriated, for the first threefourths of the fiscal
year. ending Nov. 18th, 1859, the several sums
of money hereinafter named, or so much thereof
as may be necessary for the several purposes in
dicated. On division number one, to be paid
out on the check of Abner l.. Backus, acting
commissioner for construction, superntendeuce
and REPAIRS sixty six thousand dollars; for build
ing and repairing wooden locks, ten thousand
dollars; for payment for work on Independence
Dam, five Thousand dollars. On division number
two, to be paid out on the check of John Waddle,
acting commissioner: For building guard bank
above Paint creek aqueduct, six hundred and
fifty dollars; for building guard bank at Athens,
according to instruction of joint resolution OF
general assembly, seven hundred dollars; for
pavment of damages to Dennis McCarty & Co,
under joint resolution of general assembly, three
thousand dollars, to be paid out the appropri-
alton to complete the Lancaster side cut, made
April g. 1857, which appropriation Is hereby re-
neEed, and continued for this purpose; fer the
payment of the states proportion toward build
ing bridge over Walnut Creek, at Lockburn,
fifteen hu ndred dollars, and when said bridge is
built. the same shall be used by the state for
towing rath purposes free of toll; for eonstruc-
tion, superintendenee, and repairs, fifty -four
| thousand one hundred and seventy five dollars.
On division number three, to be paid out Ton the
| check of Jno L. Martin, acting commissioner:
For the payment of repairs under contract eleven
| thousand one hundred und ten dollars; for pay-
| nent of balance due on boats, tools and rnateri-
1 ais taken from contractors, one Thousand nine
hundred and fifty dollars; for superintendepce.
construction and repairs, sixty one thousand
dollars; for payment of outstanding checks for
superintendence and repairs drawn beyond for
mer appropriations, thousand nine hundred
and ninety five dollers and twenty one cents: for
| general expenses, not included in superinten-
| dence and repairs the following sums are hereby
/ ordered to be aid n addition to the an aunt be-
fore sta ted: for payment Of ella ms found due and
settled by the board of public works, one thou
sand dollars; for payment of attorney IS fees and
4 incidental expenses, eighteen hundred dollars;
for payment of salaries of resident engineers
seven thousand FIVE hundred dollars; for pay-
ment of salaries of members of the board of put-
lie wo ks, four thousand five hundred dollars;
for payment of outstanding checks on claims for
labor done previous to Nov. 18th, 1858. on di-
vision No. one, seven thousand dollars; for pay
ment of foutstsnding checks for Iabo- on division
No. 2. five thousand five hundred and seventy
three dollars; for improvement of mouth o
r Muskingum river, six thousand dollars: for re-
pairing constructing the crib at the MAlti
mills in Morgan county, agreeablv to the join
resolution of the general assembly, twenty fy,
] hundred dollars; for protecting the bank of the
Muskingum river at West GAINESVILLE, sight
, hundred and twenty five dollars; for completion
of basin on old Penitentiary lot in Columbus
seven hundred and fifty dollars.
Sec. 7. If any member Of the board of public
works shall directly or indirectly hold or pur-
, chase any interest in the lease of any section
made and executed under the provisions of thil
1 act, or sha combine or colluds with anv lesse
lessees of the sane to prevent the faithful ex
E ecution of the provisions herein contained, b
e shall be deemed and held guilty of msdemean
e or and shall upon conviction thereof be fined il
any sum not less than one thousand dollars no
more than three thousand dollars, and said leas
r shall thereby be forfeited to the state
! Sec. 8. That said lessee or lessees shall nc
assign their said leases without the assent of tn
a board of public works thereto entered in writin
e on said leases, and upon the journal of sal,
: said assignees shall be held to have assumed a
IS liabilities to the state of the original essee
lcssees nDder this act, and to be governed in ev
G ry particular BY this act the original lessee
d are now bound, so far as the same may be appli
% cable thereto.
% See. 9. Whenever said lessee or lessees sha
refuse neglect to supply the lessee or lessees
l. water rents on said improvement and canal
e whereby injury may accrue to said lessee
Iessees of water rent and said lessee or lessees
a water rents may have and maintain an action d
rectly against said lessee OF lessees of said i'm
proYement or canals, or his their assigns, f
d the amount of such damage or injury in the cou
10 of common pleas of the county in which said wa
y ter rents may be situated.
d Sec. 10. The said lessee or lessees Of each set
r ton of the public works, provided in this oil
g shall receive all material provided or contract
10 for and boats, scows, tools, implements, horse
n mules, and other property now in use,by ii
ii superintendent, except as heretofore provide
> belonging to the state each of said sections
sc their appraised value; which appraisement sha
lie be made by three judciou. disinterested person
lie to be appointed by the board of public work
le and pay their appraised value, at such tim
5 and in such sums may be determined by sal
IN board, and at the end and expiration of Il
i lease leases aforesaid, the said board of pul
l. lie works shall receive the said boats, scow
ii tools, implements, horses, mules, and other prol
IN erty then in by said lessee or lessees at the
IS then appraised value, which appraisement sha
0! be made il the same manner that hereinbC
re fore provided, and the said lessee lessee
of shall entitled to receive pay therefor from II
n state at the said appraised value.
to Sec. III. There shall be and is hereby reserve
in to the state the right to determine and put q
" end to any lease executed by virtue OF the pre-
" visions of this act, but in such case the stat
m shall, by law, cause at least one years previor
IN notice ofits intention SO to do, to be given
tn said lessee or lesssees.
lie Sec. 12. 1t shall be the duty of each membt
m of the board of public works to pass and in
h. spect the division under his immediate charg
,n as often as once every ninety days and the 81
ID gineer of such division shall personally inspet
i every portion of such division as often as ono
J. in thirty days, and report 20 the board, fro
be time to time, the result fsuch examinations.
tx See. 13. Whenever it shall become necesssar
t: in order to repair, protect or reconstruct any
N the public works of the state, to prevent injl
W ~ to the property of any person, persons, col
i'd poratiens, or occasioned through, by the pul
in lie works. to appropriate to the state the propert
/ of any person or persons, or corp. rations, an
Or easement into or over the same, the same sha
be done in accordance with the provisions of e,
ID istng laws, and the compensation assessed e
property appropriatedlshall be refunded to II
IN treasury by the lessee lessees of the sectiC
G for the benefit Of which such appropriation
ID made, and if not so refunded shall be deducte
= out of the money by this act required to be pa
i'd into the treasury by said lessees, and the title
s' all the property so appropriated shall vOst in ii
es state.
in Sec IA. That if said public works shall not
lie leased as in this act provided, there is heret
l. appropriated outof any money in the treasur
h the following sums of money, for the foil win
y; purposes, and to be paid out in the manner 70
or lowing: For general superintendence and repair
is on division No. one, as the same is designate
of in the act of April s, 1885, for the last quarter
"a tba he frat rta of RI