Fremont journal. [volume] (Fremont, Sandusky County [Ohio]) 1853-1866, 1859-07-01

sec o. II fnn he the duty uf the attorney general
aud be hereby required prepares form Of bond aud
lease In utherance Of he provisions Of this at 20 be used
between the state o Ohio and the lessees Of the public
works and the board Of public works shall have the same
printed and ready for inspection before tho st day
Of August next, which form and no other shall bo used Ia
completing and executing the contract entered into by the
essges Of tho public works. provided for In this nct
the security required BY the board Of public works Of the
said essees for Tho performance Of their several unertAk
ngs other than that directed and required TO he deposit
ed At the time Of said bidding shall consist of the state
stocks Of Ohio OF stocks deposited with the auditor
Of state upon which the said may receive
The Interest 30 long As the covenants Of said lessee full
filled and kept and TO be returned 10 them by order OF
said board the termination Of their respective leases
provided no forfeiture Of the shall have happeded
during the continuance NJ good and sufficient
personal real estate security the satisfaction Of the
board Of public works. and the said board Of public works
hereby authorized whenever they may deem proper
to require OF any perssn party offered for security,
statement under OATH Of the cash value Of his or their
real and personal estate above all his their debts aud H.
abilities. Every collector other person appointed by
tolls ON said public works shall make monthly returns
verified By his oath to the auditor Of state OF The amount
received by him during the month preceding and Il shall
be the duty o said collector or ether such appontee 60
pay into the state treasury per centum Of all such col
ecOns, which shall be retained In the treasury in
denty against the failure ofsuch lessee csaees to per-
form the stpulaionH Of his their lease But ad mon
shall be repaid to such lessee essees at the end of
each by the state treasurer upon the warrant Of the
said warrant until the board Of public works majority
Of them shall have first cer6ediu writing that the
ants and stpuatons of such lease have in all respects
been fully and Gdtfaly performed UP to the end Of the
vcar aforesaid.
ptc.n lutfD ~ uercny appropriated out oil any mon
ssn the treasury not otherwise appropriated for the
first three fourhs Of the fiscal year. ending Nov l5 1859
thereof as may be for the several purposes
indicated. On division number one be paid o
the check o. Abner H. Backus, acting commissioner for
construction Euperntendance and repairs sixty thous
and dslas for building and repairing wooden locks ten
thousand dolars or payment for work Independence
Dam, hVo thousand dollars On division number two, 70
be BE- paid out she check OF John wadde acting
missioner: For building guard bank above Paint creek
aqueduct six hundred and fifty dollars for building guard
bank at Athens according TO instruction Of Joint resolu
ton of general assembly hundred dollars for pay
ment Of damages TO Dennis McCarty Co., under joint
resolution OF general assembly, three thousand dollars TO
be paid out of appropriation to comete the Lancaster ride
cut made April g. 1856 which appropriation hereby
newed and continued for this purpose fo the payment
Of the states proportion toward building bridge over
Walnut creek, at Iookburn, fifteen hundred dollars and
when said bridge Walnut creek LockLurn fifteen
hundred dollars and when ain bridge is built the
shall he used by the state for towing path purposes free
of tolls for construction superintendonce and repairs
hty-four thousand hundred and seventy yve dollars
division number three TO he paid out on the check Of
Johu j.. Martin, acting commissioner; For payment Of
repairs undcr contract eleven thousand hundred and
ten doars for payment of balance due boats tools
and materials taken from contractors thousand nine
hundred and fifty dollars for superutendence construc
4 tion and repairs sXty-ono thousand dsars for pay
ment Of outstanding checks for superintendent and
pairs drawn beyond former appropriations, thousand
4 nine hundred and nnstyiv dollars and twenty -oue
cents for general expenses not included in superntend
euce and repairs the following hereby ordered to
be paid in addition ia the before stated for pay
ment Of claims found due and settled by the board pub
ic works. thousand dollars for of attorneys
fees aud incidental expenses eighteen hundred dollsrs
and i've hundred dollars for payment Of salaries OF mem
ber Of the board Of public works. four thousand and five
hundred doars for payment Of outstanding checks on
claims for labor done previous to November 18TH 1885,
division No thousand dollars for payment Of
outstanding checks for labor division No. two five
thousand five hundred and seventyhre dollars; for inn
proycnen of mouth Of Muskingum river six thousand
u"'Si ,p' p'lhg OF recohsuuctlng the cIlO at the
Malta mills in Morgan county, agreeaby TO the joint
luton oi the general assembly, twenty five hundred dol
lars Tor protecting the banks Of the Muskngum river at
West Ianesve, eight hundred and TWENTY-FIVE dollars;
for completion OF basin on old PeniteEaTy lot in Coum
= bus, seven hundred and fifty dollars.
Sec. T. II member Of the board of public works
shall directly orndrecty hold purchase any
in the lease Of any section made and executed the
provisions OF this act or shall combine colluds with
any lessee OF cssecs Of the prevent the faithful
execution Of the provisions herein contained he shall be
deemed and held guilty OF msdemeanOr and shall upon
conviction thereof be fined in any less
thousand dollars than three thousand dollars
and said lease shall thereby be forfeited to the state.
Sec s. That the said lessee essees shall assign
their said leases without tho of the board opube
works thereto entered writing said leases aud upon
the journal OF said board and every such ofan
men the said assgnee shall be be held to have assumed
all liabilities to the state the original lessee esees
under act and to be governed in every particular
u by this act the original lessees bound
g the same may be applicable thereto.
Sec o. Whenever said lessee or essees shall refuse or
neglect supply the lessee essees said
provement aud canals whereby injury may accrue said
lessee essees OF water rents the said lessee eEse
ofwater rents may have and maintain action directly
against sad or lesees Of said or canals
or his or their assigns for the amount Of such damage
injury in the court common pleas Of tho county which
; said water rents nisy be situate.
II Sec. 10. The said lcsSse essees Of each section
OF the public works, as provided in this BILL shall
receive all material provided contracted for, and
boats seows, tools implements horses mules and ohsr
property in use by the superintendent except here
in before provided belonging the ofsad
sections at their appraised value which appraisement
shall be made by three judicous dsnerested persons
be appointed by the board Of public works. and pay their
appraised value at such times and in such sums may
be determined by said board and at the end and eXpra
ton Of the lease leases aforesaid the sad board opub
lie works shall receive the said boats, scows tools.
implements horses mules, and other property then in
by said lessee essees at their then appraised value
which apprisement shall be made in the
that provided and the said lessee essees
shall be entitled TO receive therefor from the state at
g the said appraised value.
See H. There shall be and Is hereby reserved to the
state the right to determine and put end TO lease
by virtue Of the provisions Of this ae hut
case the state shall by law at least years pre-
vious notice Of its intention so to do, to be given 10 said
d lessee or lessees.
e Sac l2 It shall be the duty Of each member ofths
board Of public works pass and inspect the division
under his immediate charge often every ninety
days and the engineer Of such division shall personally
inspect every portion Of such division aften
thirty days and report to the board from time to time
y the result Of snch examinations
Sec IS Wheneyerit shall become necessary order
to repair protect reconstruct any Of the public works
of state or 10 prevent injury TO the property Of
person. persons corporations oceasoned through
the public works to appropriate TO the state the property
ofany person persons corporations any easement
in to or over the same the shall bs done in accord
ance with the provisions Of existing laws and the
aion assessed the property so Appropriated shah be
to the treasury BY the lessee or essess Of the
section for the benefit Of which such appropriation
by said essees tho title all property so Appro-
= priated shall vest in the state.
See II. That If the said public works shall not be
leased as in this act provided there is hereby appropra
ed out oany moneys in tho treasury the following
Of money for the following purposes aud to he paid
In the manner following; For general supernendenoe
and repairs division No one the someis designated
in the act OF April 1885, for the last quarter Of the
1852 and the first quarter Of the 1850 and to be paid
out on the check Of Abner L. Baokus acting commission
the Offorty thousand -four dollars For general
perntendence and repairs division No two the
is designated in the act Of April 1885, for the quar-
ter OF the 1850 and the first quarter Of the year 1860
u TO be paid the check Of John Wsddle acting commits
sioner, the sum Of one thousand dollars. For general
superntendence and repairs division No three des
gnatsd the act Of April 1883 for the last quarter Of
the ending 1889 aud the first quarter Of the 1860
and 10 be paid the check Of John L. Martin acting
missioner tho sum OF thousand ave dol
lars For payment awards Of damages by the
spubc works the of two thousand dollars And there
hereby appropraedto be expended by the board public
works for superntendenoe and repairs the national
road during the 1850 and the first quarter the
: 1860 the sum Of seven thousand dollars.
See Is This act shall take effect and be in force Om
: and after its passage.
WILLIAM n. WOODS,
Speaker Of the House Of RspreseHiaiirss.
MARTIN WEIKER
President 9f The Senate.
: April6 1859.
SECRETARY or STATE OFFIcE