The spirit of democracy. [volume] (Woodsfield, Ohio) 1844-1994, 1859-08-03
performed up to the end Of the year afors.

performed up to the end Of the year afore.
said.
Sec. 6. There is hereby appropriated ont
OF any moneys in the treasury, not otherwise
appropriated, for the first three fourths Of the
fiscal year, ending Nov. 18th. 1859, the, ssve-
raj sums of money hereinafter named, or so
much thereof as may be necessary for the
several purposes indicated. On division num-
Der one, to be paid out on the check Of Abner
L. Backus, acting commissioner for constrnc-
ton superintendenOe and repairs, sixty-six
thousand dollars; for building and repairing
wooden looks ten Thousand dollars; for pay
ment for work on Independence Dam, Eve
thousand dol'rs. On division number two, to be
paid out on the check Of John Waddle, acting
commissioner: For building guard bank above
Paint creek aoqueduct, six hundred and fifty
dollara; for building guard bank at Athens,
according to instruction of joint resolutioniof
general assembly, seven hundred dollars; for
payment of damages to Dennis McCarty' &
Co., under joint resolution of general assem-
bly,, three thousand dollars, to be paid out, of
appropriation to complete the Lancaster side
cut. made April 8, 1857, which appropriation
is hereby renewed, and continued for this pur-
pose for the payment Of the states proper
ton toward building bridge overs 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 construction, superintendent,
and repairs, fifty -four thousand, one hundred
and seventy-five dollars. On division NUM-
Der three, to be paid out on the check Of Jno.
L. Martin, acting commissioner: For the pay
ment of repairs under contract, eleven thou
sand one hundred and ten dollars, for pay
ment of balance due on boats, tools and ma
terials taken from contractors, one Thousand
nine hundred and fifty dollars; for supertn-
tendance, construction and repairs, sixty one
thousand dollars; for payment Of outstanding
checks for superintendence and repairs drawn
beyond former appropriations, one thousand
nine hundred and ninety five dollars and
twenty -one cents; for general expenses, not
included in saperinieudence and repair, the
following sums are hereby ordered TO- be pafd
in addition to the amount before stated, for
payment of claims found due and settled by
board of public works, one thousand dollars;
for payment of attorneys fees and incidsptat
expenses, eight hundred dollars; for payment
of salaries ofresident engineers, seven thou
sand five hundred dollars for payment of saI-
aries of members of the board of public works,
four thousand five hundred dollars; for pay
ment of outstanding checks on claims for Ia
Dor done previous to November 18th, 1859, on
division number one, seven Thousand dollars
for payment of outstanding checks for labor
on division number two, FIVE Thousand five
hundred and svsnty-three dollars; for improve
ment of mouth of Muskingum river, six thou
sand dollars for repairing or reconstructing
the::crib at the Malta mills in Morgan county,
agreeably to the joint resolution of the gem
eral assembly, twenty-five hundred dollars;
for protecting the banks of the Muskingum
river at West GAINESVILLE, eight hundred and
twenty-five dollars, for compilation of basin on
old Penitentiary lot in Columbus, seven hun
dred and fifty dollars. 4opsg 4sdl ,7sa
Sec. Z. If any member of the board Of pub
lie works shall directly or indirectly hold or
purchase any interest in the lease of any Sec
tion made and executed under the provisions
of this act, or shall combine or collude
with any lessee or lessees of the same to pre-
vent the faithful execution of the provisions
herein contained, he shall be deemed and
held guilty of a misdemeanor, and shall upon
conviction thereof be fined in any sum not
less than one Thousand dollars nor more than
three thousand dollars, ard said lease shall
thereby be forfeited to the state. as-s,
Sec. 8. That said lessee or lessees shall
not assign their said leases without the assent
of the board of public works thereto, entered
in writing on said leases, and upon the Journal
of said board, and in every such case Of as
signment the said assignees shall be held to
have assumed all liabilities to the state of the
original lessee or lessees under this act, and
to be governed in every particular as by this
!, act the original lessees are now bound, SO far
as the same may be applicable thereto.
Sec. 9. Whenever said lessee or lessees
shall refuse or neglect to supply the lessee OF
| lessees of water rents on said improvements
and canals, whereby injury may accrue to
said lessee or lessees of water rents, the said
lessee or Iessees of water rents may have and
} maintain an action directly against said lessee
5 or lessees of said improvement or canals, Of
. his or their assigns, for the amount Of such
dtmage or injury in the court Of common
pleas of the county in which said water rents
Q may be situate. tai!i Woat BaT %
!. Sec. 10. The said lessee or lessees Of each
section of the public works, as provided in
this bill, shall receive all material provided OF
. contracted for, and boats, scows, tools, imple-
D ments, horses, mules, and other property now
in use by the superintendent, except as here
inbefore provided, belonging to the state on
each of said sections. at their appraised value
which appraisenent shall be made by three
, judicious, disinterested persons to be appoint
D ed by the board of public works, and pay theil
Z appraised value, at such times and in such
sums as may be determined by said bosrd
> and at the end and expiration of the lease Of
Y leases aforesaid, the said board ofpublic works
4 shall receive the said boats, scows, tools, i'm
i plements, horses, mules, and other property
, then in use by said lessee or lessees at tleil
!, !, then appraised value, which appraisement
j shall be made in the same manner as tha,
t hereinbefore provided, and the said lessee Of
lessees shall be entitled to receive pay there.
for from the state at the said appraised
: value.
b Sec. IL. There shall be and is hereby re-
Q served to the state the right to determine and
put an end to any lease executed by virtue oi
. the provisions of this act, but in such case
9 the state shall. by law, cause at least one
years previous notice Of its intention SO to do
to be given to said lessee or lessess.
] Sec. II. 1t shall be the duty Of each nlsua.
r Der OF, the board of public works to pass ovel
and inspect the division under his immediate
charge, as often as once every ninety days
. and the engineer of such division shall pst'
# sonally inspect every portion Of such divis.
/. ion as often as once in thirty days and repor,
!. to the board, from time to time, the result ol
such examinations.
: Sec. l3. Whenever II shall become nsoss
sary in order to repair; protect or reconstTpo
/ any Of the public works Of the state, or I,