Perrysburg journal. (Perrysburg, Wood Co., O. [Ohio]) 186?-1965, 1870-08-12


Aherward the levy for Jail and county Offices
was rescinded, leaving only levy sor. court-house
standing on the record. At M time was this
levy changed, or the money arising from same
transferred to any oher fund. The terms Of
payment for doing the work, under the notice
for proposals and contract, were nne fourth of
contract price to be paid when one-half Of the
Jail work was completed. and the balance whrp
Jail was finished. But instead nf this they give
$4,000 in cash, or nearly half Of the whole amt. /.
TO the contractors long before the time agreed
upon for its payment, and when, in fact, the
building was only begun. The question natu-
rally arises, that, had these more advantageous
terms Of pay ment been offered to bidders fur the
work, II might have been taken by some bidder
aside from the contractor. Again this order to
pay Messrs. Boughton & Thurstin does not
specify clearly from what fund the same Is to be
paid. The $40 900 was levied for court-house
only. and not for buildings generally. and never
was transferred. The building fund proper was
only a small fund raised bV levy OF one-fourth
of mill, aud the whole amount raised from this
would be under 81 900. In the settlement or
distribution Of the courthouse fund after the
collection on tho tax duplicate, the auditor did
in fact, with Iut any transfer being ordered by
the commissioners on their record, or without
his or their having any authority or power to le-
gally do so, distributed the same in the county
building fund. BY what authority the $5e00
was paid il out Of this $4,000 levied for the
special purpose Of courthouse, we are at loss
to know. The commissioners had no power, in
our judgement, 10 take or make an order TO pay
for Jail out Of the special court t-housc fund. Nor
have they made any such order. They simply
order 81, 900 paid without specifying the fund
from which 10 DO paid. The order should have
been paid from the current expense flnd, il any,
drawn in the way il was, but this the order IFS
ELF should clearly specify. There Is not now,
nor has there been iail fucd to pay from. Mr.
Ye1ger SAYS he did not sign the order to have
Messrs. Boughtnn 4 1hurstin get the IS 900.
When his attention was called to the fact thatht
did sign the journal entry 10 which tlis ordeE i:
contained he said 1t wasa mistake, that he neye'
heard Of this thing before. Says further. that
he never took part in any matters relative to tho
county buildings or connty-seat matters. SAYS
commissioners were in the habit Of signing M
journal entry weeks and months after they SHOULD
have been made, aud this was signel by mis-
take.
ln the matter OF the contract to erect the jail
at Bowling Geeen we 6nd that the same was 20
the erection on no specified or described site
There Is nothing in this contract binding th'
contractor to build his building on any particu
lar site, or givinga description of the lands OI
which the same Is t0 be located But as mat
ter OF fact, We fad the county purchased tie fol
lowing lands to-wit; Lot No. 50, block No. %
Thurstn's addition to the village Of Bowling
Green. The papers purporting To be a deed q
this lot to the commissioners Of Wood county, il
the acknowledgement, does not state anv count
in its caption. Nor does the 0ftice give any proc
| whatever or any certificate showing that he 70
siisd in or is Notary. Of Wood county. Tbes
defects under the rule in Beckeli vs.. peltigrea
| 9th o. s. Rep, page 2i7, mi ght be considered
cured II In the body Of thu instrptDent the resi-
| dence OF the grant1r was stated 'to bs-in Woo.
| county, but this 10 not so stated in the deed
| hence we suggest this deed itself is invalid Tn
| date Of the foregoing deed Is January %, 1863
We also fnd, that, by an instrument Of the sam
date, signed by same pers 'us aud with sa newt
nesses, acknowledges BY same person as Notar
AZ the instrument last referred to, there is Goa
veyed 10 the commissioners lots Nos. 1853 rs
and l55 in block 23. This instrument purpOrt
to be deed, but it is not deed III fee nplt
| II only sells and Conveys, &c, for the use an
| benefit Of said county With contingent remain
der unto tue village Of Bowling Green, in sal
| county, forever, and to have and to hold the sal
! premises as a courthouse site during the tim
the same ara occupied for said purpose, an
shsuld the same cdase 10 occupy said premise
as aforesaid theTef re the right, iijly and interel
| Of the grantora shall remain 10 and vest in Bow
!. ing Green. This paper is recorded in vol 8?
Wood county record OF deeds, page S26. Th
law OF March 3. 1881, s. and c., page 1928, sc,
second, which was the law when these attemp
/
made, reads "that the courthouse and jAik sha
be formed Of suoh material, aud Vt such diner
sions, and on such place or places as the cou
missioners shall direct, in the limits Of the tow
where the seat Of justice shall be established
Further along, this section authorizes the Iul
chase, for the use of the county, Of such gr6un
| as they NAV deem necessary. Mark, the grouu
is To be, not leased, but "purohased, !" anl wher,
on to erect all or any part Of the county builC
ings. Again, the act OF March IL, 1868, s.
page 80, provides for the purchase Of lands (,
the same purpose. We find nowhere any pow,
to purchase anything less than the fee simple
a courthouse or Jail site Then the site
these buildings. being held by the county not ]
fee simple under the said purchase ho a the coz
Inissioners AHy power TO accept or pay for II
same or build thereon. But in 1859, April 2
ther, was new act passed, repeating neith,
SEQ. 2i OF the law OF 1881, nor the act Of 1856
but enActing that the site mnst be conveyed
the commissioners In fee simple. tSee oh
laws, vol. o.. page 5S.l Now, we fad that v
: have title less than Of foe simple to the coul