The spirit of democracy. [volume] (Woodsfield, Ohio) 1844-1994, 1853-03-09

ward said c0ntract TO tie lowest bidder thereinr,
who, will give bond as provided in the tenth sec,
tion of said act. .
Section 9. Said contract shall extend 10 the
FIRST Monday In Noyember. one thousand eight
hundred and fifty Hour. and said contractor aud eX
ecutive officers shall be governed in all cases by
the provisions Of tfe'act entitled "an act to pro-.
vide for the State Printing" passed April'16,
1859.
JAMES C. JOHNSON.
Speaker of The House of Representatives. 4
sS WILLIAM NEEDLE,
President Of the Senate.
mo: s7.l .aNaCT
Authorizing the Trustees Of Townships TO
establish Water courses. and locate
bitches in certain cases.
Section Re IL 7,acifd by The General rs.
semLiy Of The. STATE of Ohio, That the trustees of
townships shall have the pnwer. upon application,
OF the parties, TO euter upon any lands in their
township, to view any Water-conrse, ir proposed
ditch, for the purpose Of draining the lands of one
or mOIe persons, and in case the parties interest
ed shah be unable to agree where said water-canrse
shall he opened said proo sed ditch shall he ctlt
said trustees shall cause said water course or ditch
TO be located, and surveyed. and shall set apart to
each person interested in tbe said watrr-course or
ditch, such pnrioitof the same. 10 be by him o.
pened, as shall hv said trustees, be deemed just
and right. according To the benefit TO he derived
from the opening of said water. course or ditch 4
Section 2 That when any person shall make
application 10 the trustees, as j. prescribed for in
the foregoing section, he shah give notice in wri
ting, to all other persons interested in the piopos.
ed ditch, or twater.course. which notice shall he
ed nv aIpft wi n thp GE
such person 50 interested, at least three days be-
fore the day on which ssislttu.tess to meet lof
the purpose Of InskIng the examinations provided
tor in the first secon Of this act; and agony of said
notice, with an affidavit that The saine,h been
served as aforesaid shall be taken bysaid trustees
as evidence OF the service ot said notice ahd iagy
OF the persons mentioned reside oui II the State
or cnapty, it shall be lawful To give them notice
by publishing the same in a newspaper Of general
circulation in the county, as required m chancefy
| cases. .t
Section 3. lfany of the persons interested in
the proposed waer.course or ditch, shall fail to
prpcure the cutting Of said ditch, or tue opening of
said water-coiirse in III Aeiion nf the same as
signed by the said tri4ses u such person. at the
time. and in the manfeEdesignated by the order
of said trustees, any olheIsPesson who may be in
te-ested in the opening Wsaid ditch, or water
course. shall be authorized To enter upon any land
through which the said ditch or water-courst may
have been located, as aforesaid. to open said wa
ter course or cut the said ditch; and ~ such cases
il shall he the duty of the said trustees IN value
the labor SO performed, when they shall bescaed
upon for that purpose, and they shall give TO the
person having performed the labor as aforesaid,
certificate Of the amount and value of the labor
SO by him performed or caused to be performed,
and the person holding such certificate, shall be
authorized after demand and refusal, 10 recover by
action of debt before any court OF petent iuris
dicton the amount of said certificate from the per.
son 10 whom the opening of said ditch or water
course was assigned by tine said trustees, together
with costs Of suit and the cost claimed by thetrus
tees for their duties enjoi.ed upon them by this
act; and when execution shall have been issued on
!any judgment recorded as aforesaid and the same
shall be returned unsasfied in whole or in part,
il shall be the duty of the court before whom such
Judgment was rendered to cause the same TO be
certified with the Costs and all proceedings in the:
case to the auditor ofthe proper county who shall
enter the same upon the tax duplicate ofsaid coun-
ty against the tract or lot Of land through which
said ditch or wafer course had been opened, aud
the amount so entered shall be collected by The
treasurer, the sarne as other taxes; and when col
lected, shall be paid over to the person or persons
interested in the said Judgment Provided, that
il any of |the persons interested in the proposed
water course or dFch reside out of Ne State or
county shall fail to pay to the person boiling such
certificate for thirty days after The labor has been
performed the person holding the same may file it
with the Auditor ni the county, who shalilevy the
s,me on the tax duplicate. and the same shall be
proceeded with without suit in all respects as re-.
CURED in this sec ion .
SectiOn,4. No county auditor shall be under
obhgatiOnto enter the amount mentioned IN the
preceding section, unless the same shall bs accom-
PANE with fail and particular desciiption of
the lot or part of lot subject to the annlbt claim
ed as aforesaid a
Seciion 5. In all cases. where any proposed
ditch ur water course shah he in more than one
township, application shall bs mddelo the trustees
OF each of SAID townships, and in such case, ma.
oriiy at the trustees of snch townships shall he
competent 10 locaie and establish the ditch or wa.
ter course as aforesaid. 49,
Section s. In all Cases. when any person shall
feel bimseH uggfieved by the location Of any pro.
passed ditch or water course 'by the mnship trus.
tees. he may, within three days next ensuing, give
nntce IL writing, ia all other pefsons Interested
in lhe same, OF his metion to appeal from the
decision 81 the trustees as aforesaid o the Judge
ot Probate of bis proper county, and shall. within
the ilext an days theeeafter make application 10
The said Jndge.of Probate, eirifg forlh his griev
a,ices aud praying him 10 appointa committee of