Delaware gazette. [volume] (Delaware, Ohio) 1855-1886, 1859-07-22

.cr rs.sss,.c:.oA, super intendence and repairs, sixty-six
ttoasa asdsiIsrs Tor building and repairing WssIcn locks
ten ai-+Isand ,ollars for payment for work On IndePen-
deRce DAM i've thousand dollars On diylsi9n number
two, to be paid out on the check Of john Waddie, acting
commissioner. For building guard bank above Paint
creek acqEeduct, six hundred and fifty dollars lot
building guard bank at Athens according to nBstructo on
Of JOINT resolution Of general assembly, seven hundred /
dollars for payment of damages 70 penn-s oafty 8
Co., under joint resolution OF geaerA aFenDIs, tnlee
thousand dollars. TO be paid ouse4 spPFciTstton 70 com
plete the Lancaster SIDE cut, made april J, le5,- which
appropriation is fareby reueNedJ ana communist p lns
purpose for tie payment n the Stairs proportion to-
ward building bridge over Walnut creek, at Loekburn,
diteeu hundred dollars, and when said bridge is buist, the
same shall be Used by the state for towing path purposes
airs. any four thousand one hundred and seventy five
dollars. On division number three. to be paid out on
the check OF JnO- L. Martin, acting commissioned For
the payment Of repairs under contract, eleven thousand
one hundred and ten dollars fog paynt-iIt Of balahce due
Thousand nine hundred and ATTY dollars Tor slperinten-
denee, construction and repairs, sixty one Thousand dol
lars fog payment of outstanding checks for superinten-
denee and repairs drrwn beyond former appropriations,
ore thousand nine hundred ami ninety five dollars ami
tycntv-one cents tor general expenses, not included M
suPerintentence aud repairs, the following Sums are
hereby authorized to be paid III addition to the amount
before stated for payment of claims found due and set
tied by the board Of public works, one thousand collars
eighteen hundred dollars for pay mebt Of salaries OF res
ident engineers, seven thousand five hundred dollars
for payment of salaries of members oil The board N pun
Lie works. four thousand 6ye hundred dssars fS< pay
ment OF outstanding checks on eiStsESfoE labor done pre-
vious to November 18th, 1858 on division Nc, sfe seven
thousand do HAIRS for payment Of Outstanding checks for
labor on division No. two, five thousand five hundred and
seventy dollars for improvement d mouth a
Muskingum river. SIX thousand doILals Cor repairing or
| recenstTuctMg the crib at the Malta mills in Morgan
county, agreeahiy to the Joig' resoiatl'h ~ N eeherdI
assembly, twenty five hundred dollars TOR protecting
the banks of the Muskingum river At west AineIvnIe,
Of the basin on old Penitentiary lot in Columbus, seven
SEE !. If any member of the board of public works
shall directly or Indirectly hold or purchase any interest
III the lease of any section made and cxccuD i un1er the
PROVISIONS OF this act, or shall combine "r cc.iude with
any lessee or Eessces OF the same to r.cvcht the faithful
execution Of the prov isiohs herein cont lined he shall be
upon conviction thereof be .ned IN any sum not less than
one hundred dollars; aPa said lease shall thereby be for
feited to the state.
Sec. s. That sid 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 up,
on the Journal Of said board and IN every such case of
srrmed all liabilities to the state Of the original Iessae or
iessees under this act, and lobe governed in every par
ticular as By this act the original lessees arc NO" bound
so far as the same may be applicable thereto.
Sec. Q. Whenever said lessee or Iusscen shall refu1e
or neglect to supply the lessee or Iesscss of water rents
on saIt Improvement and canals. whereby injar, may
IeSsee or Iessccs Of water rents may have End maintain
an action directly against said lessee Or lessees OF said
Improvement or canals. or his or thru assigns. for the
amount of such damage or injury il the court OF common
pleas of the county in which the watef works may BE-
sec. 10. The said lessee or tessees OF cael, section Of
the public works, as provided in this bill. shall receive
all material provided or Contracted for, ami boats. scows,
tools, implements, ho-ses, mules, aud other property now
in use by. the supsrfntendent, except as here1nbvfore pro
vided, belonging to the state ON each Of sal sections, at
their Appraised value, which apprasnpcnt shall be made
b; Ihrsc judiciors, dsinterestcd persons 10 be aPp+'int-
e. by the board Of publ cworks, aud ray their apprals-
ed value, at such times and in such sums as may be de
termined by sail board, and at the end and expiration OF
the lease or leases aforesaid, the said board Of public
works shall receive the said boats, scows, tools, imPlc
ments, horses, mules and other property then in use by
said lessee on lessees at their then appraised value, which
ap~praisement shall be made in the same manner as thai
hercinbefore provided, add the said lessee or lcssccs
shall be entitled to receive pay therefor from the state
r Sec. II. There shall be and is hereby reserved TO tn,
state the right to determine and put ami end to any lease
executed by virtue of the provisions of this act, but il
such case the state shall, by law, causes at one years pre-
: vious notice of intention So TO do, to be given 80 sai(
| lessee or lesseeS.
Sec. II. II Shall be the duty of each member Of thc
; board of public works TO pass over add inspect the divis
ion under his immediate chaage, as often as "ne- every
ninety days, and the engineer OF such division shall per
sonally inspect every portion OF such division as oitel
as once in thirty days and report TO the board, from si'nt
to time, The result of such examinations.
: Sec. IL. Whenever it shall become necessary in ordel
TO repair, protect or reconstruct any of the public eofks
of tas si pers6 Sl P pr eorpo rn,d iogs 90 : psGp thi oggH or y
the public works. to appropriate to the state'the property
$ ment into or over the same, the same shall be done il
:. accordance with the provisions of existing laws, and thc
G rSalE be aesnnd asde to the e tre Gs Pso by the &c lessee spp or issase.
of the section for the benefit OF which such appropria
ont of tho money BY this act required to be paid int,
the treasury by said lesSes, anu the title TO all property
so appropriated shall vest in the state.
i Sec. IA. That if the said public works shall not be
: leased as in this act provided, there is hereby appropri
ated out of any moneys in the treasury, the following
al sums Of m0Pey, for the following purposes, and Ia be
/, paid out IN the manner following For general Supern
| designated in the act of April S, 1858, for the last qaaI tel
of the year 1889 and the first quarter of the year 1869
. aud to 6epaid out on the cheek Of Abner l. Backus, ae
ting commissioner, the sum of forty -four thousand dol
lars. For general superintendent and repairs on divis
e ION No. two as the same as designated in the act of Apri
Il 6, 1858, for the last quarter OF the year 1859, and the hrsi
quarter of the year 1860, to be paid on the check o
r John Waddle, acting commissioner, the sum Of en-,
: Thousand dollars For general superintcndenee and re
pairs on division No. three, as designated in the act u
!, April S, 1858, for the year 1859, and the first quarter o
he year 1861, and to be paid on the check OF John J.
!, Martin, acting commissioner, the sum OF forty thousan'
FIVE hundred dollars For payment OF awards of damag
= : es by the board of public works, the sum Of two thou
|, Sand dollars. And there is hereby appropriated to b.
expended by the board OF public works, for superinten
deance and rc1;.irs on the national road during the yea
1859 and first quarter of 1860, the sum of seven thousan'
dollars.
Sec. Is. This act shall take effect and be in-forcc from
snd after its passage.
SPEAKER Of the House of Representatives.
: MARTIN WkIkER,
President OF the Senate.
April 6, 1859.