USA > Ohio > Muskingum County > Zanesville > Past and present of the city of Zanesville and Muskingham County, Ohio > Part 5
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The Associate Judge system was abolished by the Constitution of 1851 and much of the busi- ness formerly transacted by the Common Pleas Court was transferred to the Probate Court cre- ated by the new constitution.
COMMON PLEAS JUDGES.
Wyllys Silliman, 1804. April term.
Levin Belt, 1804, June 6, 1805.
Robert F. Slaughter, 1805, March term. Calvin Peas, 1805. August term, and he ap- pears at times until 1808.
Samuel Huntington, 1805. William Wilson, 1808.
21
PAST AND PRESENT OF MUSKINGUM COUNTY.
Alexander Harper, 1822.
Corrington W. Searle, 1836.
Richard Stillwell, 1847 to October 17, 1851.
Corrington W. Searle, October 17, 1851 to February 9. 1852.
Richard Stillwell, 1852 to September 16, 1854. John E. Hanna, September 16, 1854 to October 20, 1854.
Charles C. Convers, October 20, 1854 to Octo- ber 19, 1855.
Corrington W. Searle, October 19, 1855 to Oc- tober 25, 1856.
Lucius P. Marsh, October 25, 1856 to Febru- ary 9, 1862.
Ezra E. Evans. February 9, 1862, to December IO, 1866.
Moses M. Granger, December 10, 1866 to Oc- tober 9, 1871.
Frederick W. Wood, August 13, 1869 to Au- gust 3, 1874.
William H. Frazier. October 9, 1871 to Au- gust 3, 1874.
Lucius P. Marsh, August 1874.
William H. Frazier, October 10, 1876.
William H. Ball, November 23, 1878.
George L. Phillips, October 1883, elected.
Gilbert D. Munson, November 1893. elected. Alfred A. Frazier, November 1898, elected.
ASSOCIATE JUDGES.
Associate Judges were permitted to engage in other business, and the three first named in the county do not appear to have been enamored with judicial honors. David Harvey was appointed February 17, 1804, sat in the first court and re- signed June 19, 1804. William Wells was ap- pointed February 18, 1804, and resigned on Feb- ruary 25, and never sat in the court. John Camp- bell was appointed February 20, 1804, and re- signed December 4 of that year. The succeeding judges were :
March 15, 1804-1815. Jesse Fulton.
June 20, 1804-1813, Richard McBride.
December 13, 1804-February 7. 1805, Giles Hempsted.
1805, Seth Carhart, declined appointment.
1805-1815, William Mitchell.
1813-1820, David Findlay.
1815-1818, Stephen C. Smith.
1815-1822, Daniel Stillwell.
1818-1833, Robert Mitchell.
1820-1822, John Reynolds.
1822-1827. Robert McConnell.
1822-1823, David Young. 1823-1830, Thomas Ijams. 1827-1842, Edwin Putnam.
1830-1837, Mathew McElhuneey. 1833-1840, William Blocksom.
1837-1844. James Jeffries.
1840-1847, William Cooper.
1842-1852, Jacob P. Springer.
1844-1852, Horatio J. Cox.
1847-1852, William Reed.
CLERKS OF THE COURT OF COMMON PLEAS.
1801. Abel Lewis.
1812, John C. Stockton.
1817, David Chambers.
1821, John Peters, protem.
1821, Ezekial T. Cox.
1828, John Wilson, jr.
1834. Ezekial T. Cox.
1841. George W. Manypenny.
1846, Anthony Wilkins.
1852, Charles C. Russell, resigned 1864.
1864. John Hoopes.
1867. Gemmill Arthur, resigned 1870.
1870, George W. Blocksom, protem.
1870, Edgar W. Allen.
1873. Frederick W. Geiger.
1879. Howard Aston.
1886, Vincent Cockins.
1892, John A. Green, by change in the law Mr. Green's term was extended from February to Au- gust, 1898, and since then the clerk has assumed the office in August.
1898, James B. Carson. 1901, James A. Brown.
PROSECUTING ATTORNEYS.
1804-12, Lewis Cass.
1812-18, Samuel Herrick.
1818-20, John C. Stockton.
1820-37. Richard Stillwell.
1837-39, April, Willis Buell.
1839. April to November, Cautious C. Covey.
1839-51, Napoleon A. Guille.
1851-April '53. William H. Ball, resigned.
1853-56, John O'Neill. 1856-October 1861, John C. Hazlett.
October 1861-October 1864, John Haves.
October 1864-January 1866, Lyman J. Jack- SO11.
January 1866-December 1866, Moses M. Gran- ger. December : 1866-January 1868. Albert W.
Train.
January 1868-November 1872. Milton I. Southard, resigned.
November 1872-January 1874, Daniel Gary.
B.
January 1874-January 1878, Albion J. An- drews.
January 1878-January 1880, John R. Stone- sipher. January 1880-January 1882, Fenton Bagley. January 1882-January 1888, B. F. Power.
25
PAST AND PRESENT OF MUSKINGUM COUNTY.
Winn.
Browning.
January 1888-January 1894, Simeon M. prior to 1807 are imperfect. At the organization of the county, in 1804, the Commissioners were William Montgomery, Joseph F. Munro and January 1894-January 1900, George K. Christian Spangler, but it has been impossible January 1900, C. C. Lemert. to determine the incumbent of this office during 1805 and 1806, and some subsequent periods are SHERIFFS. very obscure.
1804, George Beyer.
1808, Jacob Crooks.
1812, John Reynolds.
1816, Charles Roberts.
1819, James Hampson.
1823, John Burwell. 1827, John Stanton.
1829, Daniel Brush. 1833, Asa R. Cassady.
1837, Zachariah Adams.
1839, Edward Ball.
1843, John Dillon.
1847, Carson Porter, died in office.
1850, Benjamin F. Leslie.
1854, Joseph Richey.
1856 James C. Wolf.
1858, Penrod Bateman.
1860, James C. Wolf, died in office.
1864, John Quigley, coroner and acting sheriff.
1865, Benjamin F. Leslie.
1869, Benson Loyd.
1873, William Ruth.
1877, Orrin Ballou.
1881, William Hunter.
1883, Richard J. Haines.
1887, Russell Bethel.
1880, William H. Bolin.
1893, Charles N. Bainter.
1895, Albert B. Worstall.
1899, James B. Alexander. 1903, Howard E. Elliott.
PROBATE COURT.
The office of Probate Judge was created with the constitution of 1851, and the incumbents have been :
Mahlon Sims, 1852-1858, two terms. William T. Mason, 1858-1864, two terms.
R. W. P. Muse, 1864-1870, two terms. Henry L. Korte, 1870-1873, one term.
Reuben H. Morgan, 1873-1875. one term, re- signed.
Henry L. Korte, unexpired term. Henry L. Korte. 1876-1882, two terms. George L. Foley, 1882-1894, four terms. Frank M. Ford, 1894-1900, two terms. .A. J. Andrews, jr., 1900-1903. one term. I. G. Jennings, 1903.
COUNTY COMMISSIONERS.
The records of the County Commissioners
Isaac Evans, term expired December, 1807. Robert Speer, term expired December, 1807. William Whitten, term expired December. 1808.
William Newell, term expired December, 1809. Jacob Gomber, December 1807-December 1809. Daniel Stillwell, December 1808-December ISII. Thomas Nesbet, December 1809-December 1812. George Reeve, April 1810-December 1810. John Willey, December 1810-April 1814, died. Benjamin Spry. December 1811-September 1814.
William H. Moore, December 1812-December 1818.
Luke Walpole, April 1814-September 1814.
James L. Fleming, December 1814-October 1819.
William Hunter, December 1814-November 1817. Simeon Sims, November 1817-November 1820. Thomas Flood, December 1818-November 1820.
John Robertson, October 1819-December 1825. Jared Brush, November 1820-December 1824. James Jeffries, March 1821-December 1821. Israel Robinson. December 1821-December 1826.
John Handle, December 1824-December 1830. Joseph Springer, December 1825-December
1827.
Absolom Roberts. December 1826-December 1820. William Hamilton, December 1827-November 1831. Isaac Helmick. December 1820-November
1831. Israel Robinson, December 1830-November
1839. Samuel McCann. November 1831-November 1834.
Lyle Fulton, November 1831-October 1838. John Adams, November 1834-October 1837. died. Samuel McCann. December 1837-October 1838. John Thompson, October 1838-December 1841.
Beverly Lemert, December 1838-October 1840. John Goshen, December 1839-December 1845. Robert Boggs, October 1840-December 1843.
26
PAST AND PRESENT OF MUSKINGUM COUNTY.
Littleton Moore, December 1841-November 1844.
Joshua Bennett. December 1843-December 1846. Henry Wheeler, November 1844-December James S. Copeland, December 1882-December 1885.
1847.
Mahlon Sims, December 1845-October 1851. Stephen Reeve, December 1846-December 1852.
William Johnson, December 1847-November 1850. James Carnes, November 1850-November 1853. Joseph R. Thomas, October 1851-December 1857.
Lewis M. Pierson, December 1852-December 1855. Samuel Clark, November 1853-December 1856. Abel Randall, December 1855-December 1858. Jonathan Swank, December 1856-November
1859.
Hugh Madden, December 1857-November
1860. John Baughman, December 1858-December
1861.
E. E. Fillmore, November 1859-November I862.
William T. Tanner, November 1860-February 1864. George W. Slater, December 1861-December 1867.
William Pringle, November 1862-December I865. E. E. Fillmore, February 1864-December 1869. J. B. Milhous, December 1865-December 1868.
E. L. Lemert, December 1867-December 1870. Robert Silvey, December 1868-December 1871. Austin Berry, December 1869-February 1870. resigned.
William Hall, February 1870-December 1874. resigned.
Daniel Hatton, January 1871-December 1872. Leonard N. Stump, December 1871-December 1874.
John Sims, December 1872-December 1878. Thomas Griffith, December 1874-December 1877.
Leonard N. Stump, December 1874-December 1875. William T. Tanner, December 1875-December 1879.
Jefferson Van Horne, December 1877-March 1880, resigned.
Howard Copeland. December 1878-December 1881.
John Crooks, December 1879-December 1882.
Harvey Darlington, May 1880-November 1880. Robert Lee, November 1880-December 1883. Edward Bethel, December 1881-December 1887.
William T. Maher, December 1883-December 1886.
James Colvin, December 1885-December 1888. Robert Lee, December 1886-January 1890.
Charles W. Mccutcheon, December 1887-Jan- uary 1891.
Francis M. Rider, December 1888-September 1895.
J. F. Burgess, January 1890-January 1893. S. M. Rutledge, January 1891-January 1894. J. L. Mercer, January 1893-January 1896.
A. C. Swope, January 1894-September 1897. Finley M. Fleming, September 1895-Septem- ber 1901.
H. L. Greiner, January 1896-September 1902. F. B. Fell, September 1897-September 1903. J. B. Tanner, September 1901-incumbent. John H. Crooks, September 1902-incumbent. Almon S. Leland, September 1903-incumbent.
COUNTY AUDITOR.
The appointive office of Clerk to the Board of County Commissioners existed from the erection of the county and was filled by the following citizens :
Elijah Beall, creation to December 1808.
Benjamin Tupper, December 1808-December 18II.
Robert Mitchell. December 1811-June 1812.
William Craig, June 1812-September 1814. George Reynolds, September 1814-January 1815.
James Perry, February 1815-February 1821.
The General Assembly created the office of County Auditor by act of February 8, 1820, to provide a responsible officer for the numerous duties which had attached to the clerk's office, and by succeeding acts of the Legislature the functions have been enlarged and multiplied until now they are extremely complicated and compre- hensive. The County Auditors have been :
John Burwell, March 1821-October 1823. Re- signed to accept sheriffalty.
John W. Spry, October 1823-March 1845.
Richard I. Peach, March 1845-March 1855. Imri Richards, March 1855-March 1857. Bernard Van Horne, March 1857-March 1859. Jesse Atwell, March 1859-March 1861.
Gemmill Arthur, March 1861-March 1865.
Caleb D. Caldwell, March 1865-September 1871, died.
Imri Richards, September 1871-November 1871.
27
PAST AND PRESENT OF MUSKINGUM COUNTY.
Andrew P. Stults, November 1871-November 1875.
James T. Irvine, November 1875-November 1880. Samuel Oldham, November 1880-November 1883.
Andrew A. Patterson, November 1883-Sep- tember 1887.
Julius A. Knight, September 1887-October 1893.
James N. Carr, October 1893-October 1894. died.
Grant E. Zimmer, October 1894-October 1896. James L. Starkey, October 1896-March 6, 1902, resigned.
George B. Hibbs, March 6, 1902-October 1902.
L. F. Brelsford, October 1902.
COUNTY TREASURERS.
William Montgomery, 1805-June 1807.
Joseph F. Munro, June 1807-June 1810. Benjamin Sloan, June 1810 - June 1813, died.
Christian Spangler, October 1813 - June 1818.
Samuel Sullivan, June 1818-October 1819. Thomas Moorehead, October 1819 - June 1827.
John Roberts, June 1827-June 1830.
John Burwell, June 1830-June 1832.
John Roberts, June 1832-June 1834.
Daniel Brush, June 1834-June 1836. John Roberts, June 1836-June 1838. John Russell, June 1838-June 1844. Benjamin F. Leslie, June 1844-June 1846.
Adam Peters, June 1846-June 1850.
John Dillon, June 1850-June 1854. Isaac Stiers, June 1854-June 1856.
Benjamin Adams, June 1856-September 1857, died.
John Dillon, September 1857-June 1858.
William Lynn, June 1858-September 1862. died.
J. B. H. Bratshaw, September 1862-March 1864, resigned.
John Dillon, March 1864-September 1866.
Joseph T. Gorsuch, September 1866-Septem- ber 1868.
John M. Lane, September 1868-September 1872.
Robert Silvey, September 1872-September 1876.
George W. Allen, September 1876-September 1880.
Ferdinand C. Dietz, September 1880-Septem- ber 1884.
Daniel G. Willey, September 1884-September 1 886.
Jesse Atwell, September 1886-September
1888. Daniel G. Willey, September 1888-September 1892. Jesse Frazier, September 1892-September 1896. John K. Wendell, September 1896-September 1000.
James McGlashen, September 1900-September 1902. Watt M. Barnett, September 1902-incumbent.
COUNTY RECORDER.
Land conveyances in Muskingum county were recorded in Washington county until April 17. 1806, and from that date until 1831 the Recorder was appointed by the Court of Common Pleas. which frequently named the Clerk of the Court for the appointment; the appointees were:
Abel Lewis, April 17, 1806-February 13, 1810. George Reeve, February 23, 1810-April 1817. David Chambers, April 1817-November 1820. John Peters, November 1820-November 22. 1821.
Ezekial T. Cox, November 22, 1821-October 1831.
The statute providing for the election of the Recorder was enacted 1829 but did not affect the terms of the incumbents, and as Mr. Cox's ap- pointment expired before the time for the election he was continued, by the Commissioners, until his successor could be chosen under the statute. The elected Recorders have been :
Anthony Wilkins, October 1831-October 1840.
William T. Mckibben, October 1840-Septem- ber 1811, died.
Imri Richards, September 1841-November 1841.
John Hilliard, November 1841-January 1851.
Joseph P. Huston, January 1851 - January 1854. Horatio W. Chandler, January 1854-January 1857. George W. Ritze, January 1857-October 1860. died.
Ephraim P. Abbott, October 1860-October 1861.
John J. Ingalls, October 1861-January 1868. Jesse H. Mitchell, January 1868-January 1871. William H. Cunningham, January 1871-Jan- arv 1877.
David Zimmer, January 1877-September 1880). Ernest Scott, September 1889-September 1805. F. 11. King. September 1895-September 1901. F. II. McCarty, September 1901.
28
PAST AND PRESENT OF MUSKINGUM COUNTY.
COUNTY SURVEYORS.
1804-14, Levi Whipple.
1814-17, Charles Roberts.
1817-27, John Roberts.
1827-33, Charles Roberts.
1833-39, William L. Beavers.
1839-45, James Boyle.
1845-54, Joseph Fisher.
1854-57, Joseph J. Hennon.
1857-60, John Smyth.
1860-61, Mark Loudan, resigned.
1861-64, John W. Roberts, resigned.
1864-68, Joseph Fisher.
1868-71, James P. Eagan.
1871-74, Joseph Fisher.
1874-77, James P. Eagan.
1877-80, William Dunn.
1880-82, Frederick Howell.
1883-85, L. W. Doane.
1886-88, Frederick Howell.
1889-91, T. C. Connar.
1892-01, William Dunn. Died, May, 1901.
1901-02, Charles H. Bogman, Dunn's unex- pired term. April 1902. Leander West. Incumbent.
CORONERS.
1804-II, Levi Whipple.
18II-15, Luke Walpole.
1815-17, Charles Roberts.
1817-21, Samuel Thompson.
1821-22, William H. Moore.
1823, Jacob Crooks.
1824-28, Samuel Thompson.
1828-32, Samuel Parker.
1832-34, William Twaddle.
1834-38, Samuel Parker.
1838-40, Richard Collum.
1840-43, Samuel Gates.
1843-46, William Flanagan.
1846-48, John W. White.
1848-50, James Cadwell.
1850-52, Eliah Brown.
1852-54, John Quigley.
1854-56, John Bratton.
1856-68, John Quigley.
1868-74, John D. Bonnett.
1874-76, Anderson Evans.
1876-80, Daniel Smith.
1880-82, Daniel I. Morgan.
1883-84, George W. Griffee.
1885-91, William Ruth. 1892 Homer C. Waterman.
1893-95, William Ruth.
1896-97. O. M. Wiseman. 1898-99, D. J. Evans. 1900-01, O. I. Corson.
1902 D. J. Mathews.
CHAPTER IN.
COUNTY BUILDINGS, COMPRISING JAILS, COURT IIOUSE OF 1809, COURT HOUSE OF 1874, COUNTY INFANTRY, MEMORIAL BUILDING, "Y" BRIDGE, THIRD STREET BRIDGE, FIFTH STREET BRIDGE, MONROE STREET BRIDGE, SIXTH STREET BRIDGE, VIADUCT.
JAILS.
The first public building possessed by the county was a two story jail, erected 1806-7, of hewn logs, squared, and lined with three inch plank; the lower story was fitted for criminals and the upper for debtors. January 25, 1808, Henry Newell and Jacob Gomber, Commissioners, and Benjamin Tupper, clerk, on behalf of the county, signed a contract with Henry Ford for the erection of a frame court house, twenty by fifty-five feet, two stories in height, for the munificent sum of $480.00, William Whitten, the remaining Commis- sioner, protesting against the extravagance of the action and refusing to execute the contract. Ford's bondsmen were Dr. Increase Mathews, Peter Speck and John Levens, and December 7, 1808, his account was presented and the building alleged to be finished. The lower story was used as the jailor's residence and the upper as a court house, and the building was combined with the previously erected jail and the two structures were under one roof.
Wednesday, April 3, 1814, the court house and jail were entirely destroyed by fire. On Tuesday two men arrived at Zanesville from the east with a negro, alleged to be a fugitive slave from Ken- tucky, who was placed in the jail for safe keeping during the night, against the protests of a number of citizens who objected to the use of the jail for such purposes, and the prisoner effectually pre- vented a like use in future. During the night he endeavored to escape by burning off the lock, but the fire became unmanageable and he was rescued in an almost suffocated condition ; some of the ex- cited and indignant citizens demanded that he be thrown back into the flames, and during the ex- citement the prisoner made his escape with the assistance of some local free-soilers. The sur- rounding buildings were very much endangered but the vigilance of the citizens confined the fire to the one in which it originated, the night being perfectly calm. The Commissioners' journal is
EAST SIDE OF FOURTH STREET.
South of Fountain Alley, about 1860.
At the corner of Fountain Alley was a two-story brick, with central hall opening on Fourth street and leading to the city prison in the rear; on each side of the hall was a hose house. In the second story were the Mayor's office and the City Council Chamber.
The small frame adjoining contained a saluting cannon and fire ladders.
The ornamental brick building next south was the home of the Rescue Hook and Ladder Company. whose truck is represented.
George James' law office, with its hospitable porch, was next in order, and to the extreme right is shown a corner of the one story brick building erected in 1809, as office for the State Treasurer. The view of the Main street front of the Court House represented this building as two story, the second hav- ing been added some ten years after the above photograph was taken.
31
PAST AND PRESENT OF MUSKINGUM COUNTY.
silent on the subject of the fire, and no official in- formation is obtainable respecting the place of confinement until a contract was entered into Au- gust 22, 1822, with James Hampson, for the erec- tion of a brick jail at his offer of $5,599.00. In those days contracts were sold at vendue, or pub- lic auction, and the lowest bidder secured the "un- dertaking." The proposed building was planned to be forty feet square, two stories in height, each ten feet in the- clear ; the walls of the prison por- tion to be 22 inches thick and of the sheriff's resi- dence 18 inches thick, the entire structure to be completed by January 1, 1824. As in the former building, the lower prison was for criminals and the upper for debtors, and the building was in use until the present jail and sheriff's residence were constructed. Imprisonment for debt was abolished by act of the General Assembly, ap- proved March 10, 1838.
March 16, 1824, five prisoners escaped and the sheriff offered a reward of $15.00 for their cap- ture and the recovery of the hopples ; one of the fugitives returned and gave information about the tools furnished them to escape, and the hop- ples were found on Putnam Hill. The numerous escapes proved the brick jail to be inse- cure for holding skilled cracksmen, and the Commissioners advertised for the erection of a stone prison, 45 by 50 feet, at the southeast corner of the block, to contain sixteen cells, in two tiers; the masonry was to be laid in regular courses, and a contract was made with Hugh Madden, April 15, 1845, for the building complete at $7,975.00, and was finished in October, 1846; it remained in use until the present jail was built, but it did not prove impreg- nable to interior assaults, and a laborer, with a poker and fire shovel, excavated his way to free- dom, and in 1846 a man, convicted of poisoning his wife, escaped from the brick jail.
The present jail and sheriff's residence were built when the present court house was erected, and the jail stands east of the former ; the pres- ent structure was built by T. B. Townsend and cost $8,500.00, the interior iron work being placed by M. Clements at a cost of $16,527.00, or an ag- gregate of $25,027.00.
THE STATE HOUSE.
When the State of Ohio was formed, the seat of government was placed temporarily at Chillicothe, and the location of the permanent capital was not lost sight of by the ambitious settlements. The residents of Springfield, or Putnam, were called Puritans or Yankees, and their native thrift, en- terprise, shrewdness and foresight were all ex- erted to secure the location of the Ohio capital in their village; indeed some such idea may have been in mind when the town was platted, as the
reservation of land on Putnam Hill enumerated possible "state" buildings. The town was more enterprising and prosperous than Zanesville, whose only industries were a saw mill and pot- tery. The Putnamites raised a fund by subscrip- tion and, in 1808, erected a large two story stone building, with a hall and two large rooms, located on a fine roomy lot, in the southeast part of the village : also a three story brick hotel, the first of its character in the southeastern portion of the state, at the southwest corner of Putnam and Muskingum avenues, convenient to the ferry and ford, and upon the Lancaster road ; a large hall or concert room was provided on the second floor, and on the third floor were about a dozen sleeping rooms, the hostelry being opened by William Burnham. With these facilities and conveniences the Putnam people thought they could offer more completed inducements than any other location. and if they failed to secure the capital, the hotel would prove a valuable investment and the pro- posed state house could be converted into an acad- emy. These preparations aroused Zanesville, and McIntire was in the front of the agitation to ob- tain the prize for the older settlement.
Early in 1807-8 the subject was agitated of removing the capital, and the Muskingum delega- tion in the General Assembly, assisted by a com- mittee of citizens, headed by John McIntire, peti- tioned the General Assembly to remove it to Zanesville, representing that the county would furnish suitable buildings for the legislature and state officers, and receiving assurances that if they would do this Zanesville would be made the tem- porary capital; and the people indulged the hope that if it were once placed in comfortable quarters it would remain. The county was very poor, the duplicate was small, no money was in circulation, none in the treasury and none in prospect for sev- eral years. The Commissioners hesitated about incurring obligations, and the Zanesville citizens agreed to raise the money and charge no interest on the principal until the building was completed and all bills against the county were paid. The Commissoners' journal makes no reference to the proposed state house and no mention is made at any time, during the period Zanesville was state capital, of the presence of the legislature or the use of the court house as a state house : all the proceedings were had as if the structure were for county purposes only. Under date of March 8. 1800, the journal reads :
"The Commissioners having taken into consid- eration the proposals made by a number of the in- habitants of the town of Zanesville for erecting a County House in said town do agree and con- sent to the execution of the said building on the following conditions, viz : The money which may be loaned the county by individuals for the afore- said use, shall not draw interest until the building
32
PAST AND PRESENT OF MUSKINGUM COUNTY.
is finished entirely. Also, that no money shall be drawn from the county treasury to go towards the payment of either principal or interest so loaned until all other demands which are against the county are discharged, and also all ordinary expenses of said county which may accrue from time to time are paid. The surplus revenue of said county may be applied to the discharge of said loan but the county is never to be sued for the payment thereof; and futher, within three months after the contract is signed for the erec- tion of said building there shall be paid to the un- dertakers one thousand dollars, and after one thousand dollars shall be paid quarterly yearly until six thousand dollars shall have been paid. and the residue, if any, for the completion of said building shall be paid within six months there- after, provided the building shall have progressed so fast as to justify such payments, which shall be judged of by the Commissioners."
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