The Cadiz Democratic sentinel. [volume] (Cadiz, Ohio) 1854-1864, 1859-06-01

nants Of sid lessse are fulfilled ana kept and 20
oe returned % them BY order Of sad board on he
'srEaasaon o. their respective leases provided 20
OF the same shall have happened during
ne continuance Of said lease; OF reod and sufk.
personal or real estate security to the salts
,.Seoa o. Tie board Of public works; and the said
- OF gubhe works are hereby authorized
Me-, snsy may deem il proper, 10 require n
- P.Is9n or party offered for security, a state
Ii unaet oath, Of the cash value Of his or their
III; Rstsonat estate above all his or their debts
haoihties Every collector or other person an
r;ons ~ sala lessees, or any Of them or their AZ
make monthly returns, vcri6ed " ~ oath 70 ne
uussor % state Of the amount received by him
aeIlnR me month preceding. and Il sbaiI 6e the
~ ssid collector. OF other such appointee. 20
such eoliee,ions w we;sS zen Per eentum Of al
IIeasury As indemnity against the failure Of such
iessee or lessees 10 perform the stiDulafinns ~ his
OF Their lease. But such money shall BE- rrnaid 20
s sh lessee Or lessees at the end Of each year by
tne state treasurer upon the warrant Of Tie statr.
auditor; provided that the auditor shall not issue
nls SAID warrant until the board Of public works.
or 4 majority Of them. shall have hrst certified IN
writing that the covenants and stipulations Of such
,ease nave IN all respects been fully and faithfully
performed up TO the end OF the year aforesaid.
sec. s. There is hereby appropriated out Of any
IN the treasury, not otherwise appropria.
.eo, Tor the first three-fourths Of the fiscal wear.
shding Nov. 18th, 1859, the several sums Of money
HhlDtdt OF SO muCn thereof as may be
necessary Tor the several purposes indicated, On
ui'lslon number one, to be paid cut on the cheek
OF ADhef l.. Backus, acting commissioner for COM
suheaon, superintendent and repairs, sixty sig
thousand dollars; for building and repairing wood
en- locks, ten thousand dollars. for nayment FIR
work on Independence Dam, five thousand dollars.
On DIVISION number two, to be paid out OH the
check OF John Waddle, acting commissioner; For
building guard bank above Paint creek acqueduet,
SIX hundred q NIFTY dollars; for building guard bank
Mt Athena QCRpF1iDn IN rr.1S - =
ton OF general assembly, seven hundred dollars:
Tor payment OF damages to Dennis McCarty & Co.,
under Joint resolution of general assembly, three
thousand dollars. to be paid out Of appropriation
70 complete the Lancaster side cut, made April ..
1891, which appropriation is hereby renewed, and
for this purpose; for the payment of the
states proportion toward building bridge over
W alnut creek, ut Lockbuin. fifteen hundred dol.
lars, and when said bridge is built, the same shall
. useu oy lne state Tor towing path purposes free
OF Toll; Tor construction. superintendent, and re-
pairs, nifty four thousand one hundred and seventy.
nVe dollars. On division number three, 10 be maid
out on the check Of Jno. L. Martin, acting commits.
sioner; For the payment of repairs under contract.
eleven Thousand one hundred and ten dollars; for
Of balance due on boats. tools and mate.
rails taken from contractors, one thousand nine
hundred and fifty dollars; for supcrintendencp
construction and repairs, s~ixty-one thousand dol,
iars; Tor payment of outstanding checks for super
lntendence and repairs drown beyond former m.
preparations, one thousand nine hundred and nine.
ty-nve dollars and twcnty-one cents; for general
expenses, not included in superintendent and re-
pairs, the following sums are hereby ordered to be
PAID IN addition the amount before stated: for paw
ment OF claims found due and settled BY the board
OF public works, one thousand dollars; for paw
ment OF attorneys fees and incidental expenses
hundred dollars; for payment Of Salaries
OF resident engineers, seven Thousand Ave hundrrd
dollars; Tor payment Of salaries of members of the
board OF public works, four thousand five hum
dfed dollais; for payment of outstanding checks
on claims for labor done previous to November Isl
1908, on division number one, seven thousand dol
lars; for payment Of outstanding checks FOR labor
on division number two, five Thousand fye hun.
dred and seventy-three dollars; for improy,,nert
OF mouth Of Muskingum river, six thousand dol
lars; for repairing or reconstructing the crih, al the
Malta mills in Morgan county, acrecably 10 the
lsoint resolution OF the general assembly. twenty
i've hundred dollars; for protecting the banks Of
the Muskingum river at West gainesville. eight
hundred and twenty-five dollars: for compIetion os
basin ON old Penitentiary lot in Columbus, seven
hundred and fifty dollars.
Sec. Z If any member of the board of public
works shall directly or indirectly hold or purcl,as,
interest IN the lease of any section made sud
under the provisions of this act. or shall
combine or collide with any lessee or lessees Of the
same to prevent the faithful execution Of the pro-
visions herein contained, he shall be deemed ana
hcld gulity oil a mlsdeniennor, and shall upon con-
Slction thereof be fined in any sum not less than
one Thousand dollars nor more than three tbous.
and dollars, and said lease shall thereby be foIfei.
ted to the state.
Sec. s.. That said lessee or ~lcssees shall not az.
their said leases without the assent Of the
BOARD of public works thereto, entered in sritiny
IN said leases, aud upon the journal Of said board
md IN every such case of assignment the said a..
'ignces shall be held to have assumed al liabilities
% the state Of the original lessee or lessces uuIar
act, and to be governed in every particular 40
~ this act the original lessees are now bound. 80
ar as the same may be applicable thereto,
Sec, y. whenever said lessee or lsssees slall
cruise or neglect to supply the lessee or lcssees Of
water rents on said Improvement and canals.
whereby injury may accrue to said lessee or lesseCs
If water rents, the said lessee or lessees of wafer
ents may have and maintain an action direcily
lSalnst SAID lessee or lessccs of said Improvement
If canals, or his or their assigns, for the amuu
saeh damage Or INJURY in the court Of common
&c situate.
Sec 10, The said lessee or l~essees Of each sec
ION OF the publlc works, as provided in this bill
hall receive all material provided or contracted
OF, ana boats, seows, tools, implements, horses.
auies, and other property now in use by the su.
except us hercinbcfore provided. be-
ohglng 70 tne state on each of said sections. Mt
neif appraised value, which apptaisemcnt shall be
lade by three judicious, DISTINGUISHED persons 10
appointed oy the board of public works, and
'ay, Their appraised value, at such times and in
uch sums as may be determined by said boar.
nd at the end and expiration of the lease or leas \
foresald, the said board OF public works shall /
eve the SAID boats, scows, tools, implements, hor- q.
mules, ana other property then in use by said
'ssec or lessees at their then appraised yaIue
ihich appraisemcnt shall be made in the same
manner as that hereinbefore provided, and the said
'ssee Or lessces shall be entitled to receive nav
lerefor from the state ut the said appraised value.
Sec. II. There shall be and Is harehv res.ryad
the state the right to determine and nut am end
) any lease executed by virtue of the provisions
this act, but III such cast the state shall. by law
luse at least one years previous notice Of It's in.
'ntioh So to do, to be given to said lessee or les.
See, IL. 1t shall be the duty of each member ne
ne board OF public works to pass over and inspect
ie division under his immediate charge, as often
once every ninety days. and the engineer of such
VISION snail personally inspect every portion of
ich division as often as once in thirty DAYS md
port to the board, from time to time. the result of
lch examinations.
Sec. IL. Whenever it shall become necessary in
10 repair protect or reconstruct any Of the
iohcworks OF the state, or to prevent injury TO
u properly OF any person, persons or corpora-
ons occasioncd through or by the pubEc works
appropriate to the state the property of any Der.
II on persons or corporations, or any easement
70 or over the same, the same shall Be done IN
cordance with the provisions of existing laws.
"a the compensation assessed for the pronertv a.
shall be refunded to the treasury Nv
G lessee or lessees OF the section for the benefit
winch such appropriation is made, and if mot 90
luhoed snail be deducted out Of the money by
: act required 70 be paid into the treasury BY
q ieSsees; and the title to all property SO appro,
lated shall vest in the state. PP"
II. That il the said public works shall not
leased as In this act provided, there is hereby
pr9Pfiated out OF any moneys in the treasury.
iolo"Ing sums OF money, for the following
rpooses, and to be paid out in the manner follow
!: FOR general superintendence and repairs on
lslon Nc. one, az the same is designated in tho
OF April ., 1913, for the last quarter of the year
~, and the first quarter Of the year 1860. aud Ia
paid out on the check of Abner L. Backus. ACT.
commissioner, the sum of foGy. four thousand
liars. For general superintendcuce and renaira.
division No. two, az the same is dcsirnatad IN
act of April :, 1858, for the last ouorfer of ,ia
" 1888, and the first quarter Of the year 1ssSfo
paid ON the check Of John Waddic. acting com,
sslol,er, The sun OF ono thousand dollars. For
iefal supeIihtendence and repairs on division
three, as designated in the act Of April 4, 1SSs
the last quarter Of the year 1850 and he frst
irter OF the year 1850, and to be paid on th~