Gallipolis journal. [volume] (Gallipolis, Ohio) 1837-1919, 1853-03-17

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out suit in all respects as required in
this section. Yr
Sec. 4. No county auditor shall be
under obligations to enter the amount
mentioned in the preceding section, un>
less the same shall be accompanied with
full and particular description of the
lot or part Of lot subject to the amount
claimed as aforesaid.
Sec. 5. In all cases, where any pro.
posed ditch or water course shall be in
more than one township, application
shall be made to the trustees Of each Of
said townships, and in such case, a ma.
jority Of the trustees Of such townships
shall be competent TO locate and estab>
lish the ditch or water course as afore
said.
Sec. 6. In all cases, when any per-
son shall feel himself aggrieved by the
location of any proposed ditch or water
course, by the township trustees. he
may, within three days next ensuing,
give notice in writing, to all other per-
sons interested in the same, Of his in.
tention TO appeal from the decision OF
the trustees as aforesaid. to the Judge
of probate Of his proper county. and
shall, within the next ten days ihereaf-
ter make application to the said Judge Of
probate, setting forth his grievances and
praying him to appoint a committee Of
review for the same.
Sec. 7. That before any such appli-
cation shall be heard by the said Judge
of probate, the person making the same
shall enter into bonds with two or more
sufficient securities in the penal sum OF
one hundred dollars, conditioned for the
payment of all costs that may accrue in
consequence of such application for
committee of review being had. a
Sec 8. That when such application
shall be made in accordance with the
provisions Of the two preceding sections,
the Probate Judge shall appoint a CONS
mittee of hve disinterested freeholders
of said county, not residents OF the
township in which such proposed ditch
or water course shall be located, who
shall, within five days afer appoints
ment, examine and review said proposed
ditch or water course, and the land adj
iacent thereto, and forthwith make a re-
port OF their proceedings to the said
Probate Judge. - d.
Sec. Q. If il sh9ll appear, from the
report of the committee of review, that
the said proposed ditch or water course
was properly located by the said town.
ship trustees, the said ditch or water
course shall be cut or opened, in said
location; and if, from the report Of said
committee, it shall appear that the said
proposed ditch or wafer course was i'm.
properly located, or located to the injury
of the appellant, the same shall be
changed and located, as shall, TO the
said committee, be deemed just and
right.
Sec. 10. If the appellant shall fail tc
get the location of said proposed ditch
or water course changed. he shall be ad.
judged to pay the costs of committee Of
review, and costs of the probate Judge;
if the appellant succeed in effecting the
change, as aforesaid, the probate Judge
shall make such disposition of the costs,
as to him shall be deemed Just.
Sec. n. The trustees and committee
of review shall receive. as a compensa-
tion for their services, under this act,
one dollar per day, each, for the time IN
which they are employed, and the pro.
bate judge shall receive the same fees,
as for like services in other cases.
Sec. 12. That the act entitled san act
providing for the appointment of COM
missioners Of sewers in certain counties
in this State," passed March 9iih, 1841 4,
and the nmendatory act thereto, passed
April 30th, 1859, be and the same are
hereby repealed.
JAMES C. JOHNSON,
Speaker Of the House of Representatives.
w. MEDILL,
President of the Senate.
February "a, 1858. f.......1 D.