The Perrysburg journal. [volume] (Perrysburg, Ohio) 1853-1861, 1859-10-27


to at for the purpose Of appointing the same. said
rel shall have power 20 summon and compel the
auendanees of witnesses, and shall each receive for
their services the same per diem and mileage In
now allowed by law 60 members OF the Legislature.
And witnesses In such cases shall be allowed the
fees isby law allowed TO witnesses In civil suits
any lessee or lessces or any employee under him
them shall refuse to deliver any sect on declared
and held forfeitedin accordance with the provisions
act, any property Of the state appertaininR
thereto or shall resist any member OF the Board OF
Public Works, other officer employed under said
Board In the execution of HE duty, after said for
feiu re Ia duIy declared he or they shall upon con
yiction thereof be fined In any not less than one
hundred dollars. nor more than FIVE undrcd dollars,
or he imprisoned IN tho county Jail not exceeding six
months or both at the discretion OF the court pro-
vded, that the contracts for new construction and
repairs on any Of said sections now IN force or en-
tered into between th slime and the 10th day OF Au
next shall not In any exceed the amount by this
act appropriated for said section, and the contract
price for the same shall be paid by the state.
Sec 4. The leases aforesaid shall be executed and
delivered by said Board to the lessee lo,sees.
said Board receiving from him or them the securities
aforesaid, for the section sections OF the Public
Works s,ruck OF az aforesaid TO the highest bidder
and for the term aforesaid. which lease when so ex
ecutsd and delivered, shall for the term aforesaid
vest In said lessee lsssees all the franchises now
owned ane possessed by the State, In regard to said
Public Works together with the right to appoint sup
erintonde collectors inspectors, lock tenders
wcE masters, and such other officers and agents as
may bo necessary aud said superintendents. o0lec-
and other officers ana agents shall nave, ana
exercise the power and authority III the eOllec
ton of tolls aud water rents and the leyyng OF fines
as cen by 10" be exercised by similar officers
aud agents appointed by the State, aud said lessees
shall be governed by the rules and regulations for
vgating the Canals and Muskingum improvement
in force subject to such alterations and additions
~ may hereafter be established by law or the noard
o Public Works.
Soc. s. 1t shall be tho duty of the Attorney Cen
crnl. and he s hereby required to prepared form
of bond and lease in furtherance OF the provisions OF
this act to be used between the State OF ohio and the
essees ui the Pubic Works and the Board OF Pubnc
Works shall have the same printed and + ady for in
spection or before the first day of August next
which form and other shall be used in completing
aud executing the contract entered into the 0ssees
OF the Public Works. as provided for in this act the
security required by the Board of Public Works OF
tho said lessccs for the performance OF their several
undertakings oyher than that directed and required
to bo deposited ut the time Of said bidding shall con-
sist of the state Stocks of OhiO, or United States
Stocks, deposited with the Auditor of Stat upon
which the sad lsssOc less, es may receive the in
teres long tn covenants IT sad lessee are tu
filled anu kept and 10 be ret rn d t. them h order
OF sad BoaId the termination of their respective
leases provided no forfeiture OF thc same shalt have
happened du ing the continuance OF said lease or
good and sufficient posonn or real estate security to
tho sAti tiOn of the Board of Public Works aud
the sa;d Board of Public Works are hereby auhor
zed, whenever they may deem itproper to require of
any person party offered Tor security statement
under oath of tho cash value of his their real and
personal estate above all his their debts and liab
lies. Every collector or other person appointedb by
cssees, any of said them or th 'r assigns, to re-
ccve tolls said Public Works. shall make month
" returns verified hy his oath TO the Auditor of tate
of tho amount ceiyed by him during the month pre-
Gedng and 1t shall be the duty of said collector, or
other such uppontee, to into the State Treasury
per Uentum of all such collections which shall he
retaucd In the treasury indemnity against the a
ure OF su0h lessee or cssees TO perform the stipua
tons of his or their lease. But said money shall be
repnd to such lessee or essees at the end Of each
year 10y tbs 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
Ority of hem shall have first certified in writ
ing that thu convonants and slipuaonr of such lease
have in all respects been fully aud faithfully perform
cd up to the end Of the year aforesaid.
Sec. q. There is hereby appropriated out of any
moneys In the treasury not otherwise appropriated,
for the fast three iou tbs of tho fiscal year. ending
Now l5th 1889, the several sums OF money horein- |
after named, or so much thereof as may he necessary
for tho several purposes indicated, On division M
ber to be paid out tho check of Alb IL Backu'
acting Commis sioner for construction, supermtend-
ence and repairs, sixty-six thousand dollars ; for
building and repairing wooden locks, ton thousand
dollar for payment for work on lndc pcndenca Dam,
i've thousand dollars On division number two, to be
paid out on thu check Of John Wudde, acting Com
missioner for building guard bank above Paint creek
aqueduck six hundred aud fifty dollars Tor building
guard bank at Athens according to instruction of Joint
resolution of the General Assembly, seven hundred
dollars for payment of damages to Dennis McCnrty
Il Co.. under Joint resolution Of the General Assembly,
ton to complete the Lancaster side cut. made April
,, 1851 which appropriation is hereby renewed and
continued for this purpose for the payment of the
states proportion towards building bridge Wal
nu, creek, at Lockbourn fifteen bundled dollars and
when said bridge Is built the same shall be used by
the State for towing path purposes free of toll for
construction. superintendence aud repairs, fifty four
thousand one hundred and seventy dollars, On divi-
sion number three, to be paid out the check of j
l.. Martin, acting Commissioner; for the payment of
repairs under contract eleven thousand ane hu adred
and ten dollars for payment of balance due boats
tools and materials taken from contractors thou
sand nine hundred and fifty dollars for superntsn-
dence, construction and repairs, sxty-one thousand
dollars FOR payment outstanding checks for super
intendence aud repairs drawn beyond former appro-
priations one thousand nine hundred and ninety five
dollars and twenty one cents for general expenses
not included in superntendcnce and repairs, the fol-
lowing sums are hereby ordered to he paid in addition
to the amount before statcdfOr payments of claims
found due aud settled by the Board of Public Works
one thousand dollars for payment Of Attorneys fees
aud incidental expenses, eighteen hundred dollars
for payment OF salaries of resident engineers, seven
thousand tive hundred dollars for payment of saa-
ries OF Mcmbers OF the Board of Public Works four
thousand hvs hundred dollars for payment of out
standing checks on claims for labor done previous tn
Nov, Is, 1893, on division No |, sOyen thousand dol
lars for of outstanding checks tor labor on
division No q hive hundred and seventy three dollars
for improvement OF Muskingum river, six thousand
dollars Tor repairing or constructing the crib at the
Malta mills IN Morgan county agrceaby to the joint
resolution of the General Assembly, twenty-five hun.
dred dollars from protecting the banks OF the Mus
ingum river, at West GAINESVILLE, eight hundred aud
Nv enty five dollars for completion of basin on the
old Penitentiary lot in Columbus. hundred and
fifty dollars.
Sec. Z Ii any member of the Board of Public Works
shall directly or Indirectly hold or purchase ANY n-
terest in the lease OF any section made and executed
under the provisions OF this act shall combine or
colude with any lessee lesseos of the same TO pre-
vent the faithful execution of tie provisions herein
contained, he snail DO deemed and held guilty OF a
hall 8 1.
fined in any sum not less than one thousand dollars
nor more than three thousand dollars and said lease
shall thereby he forfeited to the State,
See. s. That said lessee or essees shall not assign
their said leases without the of the Board
Bubble orks thereto, entered in writing on said
leases, aud upon the journal Of saip Board and in
every such Of asst gnNent the said aSsgnees shall
be held to have assumed all liabilities 60 the State oil
the original lessee cSsces under this act and to be
governed in every particular by this act the or-
glnhl lesSeeS are now ebound far vs. the same may
be applicable thereto.
Sec. Whenever said lessee or loSsees shall refuse
or neglect 20 supply the lessee lessees of water