The Belmont chronicle, and farmers, mechanics and manufacturers advocate. [volume] (St. Clairsville, Ohio) 1848-1855, 1853-03-04
FeIrunrY q. 1853.


feWuaTy ~, 1893.
No 81 AN ACT
Authorizing the Trustees oi T0wnahiJs 10 cftiblish
Woler.cOurses md locate Diictcs IN ccrt5in cases
Sc. !. be Il ,nac,od by hr Gcntrd iss,mJly u
oe S1he otWi0 That tlc tr',ieosot town.hips shall
nave thn pnwrr. upon nP.icr'iun o. "a phf'ies, 10
rntcr upon any lands IN th'ir 'oHn h, 70 view any
Nhicr.cDufse, " pOpIsc1 diich Tor 'i- purpose Of
Itraihng the lands Ot one Or more = r pus, Hnd, ~
case the parties interested shalt b. uI.bc 70 nptcc
where s1l watcr.courso shnl be- opnucd snid pro.
posed ditch shall be- cut said Trustees fLo cnuse said
w"er tOufse ditch 10 b. iDCni Cd, and yed. &
shi'i set apart "a each person nefosfd Iu tic said
~hof'cOuse or ditch. such POTION VI t' s1ine, 70 be-
by IAN opened, ~ hail by saii irustcer he decrnd
gst md II it. according - t'isb n'it 20 - derived
nom the oienisfg % 81. water cDlIse or ditch.
sc 2 That when my plT-on shall make aIpi.
chilOn TO the trustees. p sCIiei tor in he tore
going sect M he shall give noii:o l writing. to all
ofer ptrayis interested IN rhr pJrpb 81 dIt"
or Course which notice shall hr rryc. ty copy clt
WIN or at the re- ilencc Oi suc persvn 20 i'resed,
~ Ieast Three days riUTc the day WhCA said uus
te's are 10 fnect i0T tbs purppsD % making rS-nia
uoh' provided Jr i1 the first 50 , N oi this act; and
copy ol snd notice with affidavit; tildt the same
ms Dccn served, aforesaid, shall BE- taken by
sud trustees evidence Oi te oryice o. said notice;
" II uny Of the persons mentioned reside out OF the
State or county. il Shall be- lawful to give them notice
ny publishing the sarne in newspaper OF general cir
cunIon m the county, required m ciioHceIy
SIC 3. II any Of the persons interested in the pro-
posed water course ditch shall tail to procUcre the
cutting Of sail ditch, or inc opening Oi said water
course IN that section OF the same assiJuel by the
shld trustees 10 such person. at the tim, and in the
manner de-irnatcd by the order Of snd truatecs any
other person WHO may b. inercs'cl Ia the opening
u sad ditch or water courac, shl be authorized ~
enter upon any lind through which the sail ditch
water course may have been locaiel "a aforesaid
ID open said water or cut the said ditch; aud
IN such caees it shall be- the day 81 IL: sail trustees
70 vaine the labor ~ periumcd. wen tiny snail bo
caied upon tot that prpoge, and they shall give 20
Inc person having performed the labor as ai1re,al
certificate oi the amount, and value Of the labor
- by him pcromcd or cfu ed 10 be performed, TN
INC person holding such crtihcafe, siaIi lie
authorized tfcr demand md refusal, to recover
by ACTON of drlt hciore any court OF ccmpCten ju
dic'IOn the amount OF IL certificate from the person
- whom hr opening OF said ditch Or wa'cf cuurs.
was assigned by th, sHid trustees together wil
OF suit and the cost c!1i;nd lay tie trustees tor their
Guilcs enioncd upon them By this nr' "n1 whcn exc
cuinn shall have been issued on any iu -ment re-
coEdcd ns Aforesaid and tn same sh1 BE- returned /,
unsaiisiiei ia whole or in part, i, shn t. dutYot
tle court before whom judgment rendered
cause the same 10 be certified with the czt5 i all pro-
ceeclngs IN the case 10 the Auditor Of the proper
county, who shall enter the same upon te tax du-
phcatc of said auHy.artins tn0 tract Jt 1i land
through which said ditc,I or water cJuise had been
opened, and tie amount So entered shall b. collected
ny the treasurer, the same other taxes; and wien
collected shall paid Over TO the pcr-ol persons
Interested in the s1il judgment: Prosi3l that iuHy
OF the persons ncroscl the propose water course
or Glitch reside out OF the state or County shnlI fail to
days alter the labor has been periDrm, tn p3r-un
iO ding. theisnn may tits i, with The Auditor OF tn.
county Who tla, levy the same on the tx dg ricae,
ana the same shall be proceeded with without su!t in
al! respects" "s required in this section
&c. j. No county auditor shall he un Ter O1iga- |
iirn to ent'r the amour, mentioned III the preceding
section, unless the same shall be accompanied with
u ana particular Lescrpilo1 Ot the lot o. part O lot
SUBJECT u the amount claimed as atOresaIL
SEc. ). in MI crscs where my proposed dc'l or
water course shall be in more tInn one township an;
PlitaOn sh be made to lie trustees o. eac OF ,ail
townships, and in sach case. uaioi'y OF the t!l:-
tees OF such townships srli be C,mp.tJnt 10 locate
ard establish the di,ch or water c1ise rs aforesaid.
SIC o. In oil eases when any person SAL! icrl II
himself aggrieyrd Gy tie location OF any prnpJ-eI
ditch or water conrse, ly the township rl tc5, he
may. within three days neat ing, give nYilce IN
wiring 10 all other persons Interested IN the saile Ot
his intention appeal from the deti lJn OF III. tFGs.
tees Aforesaid, the Judge nt probate OF his prop
per yand shall. within The n Xt ten days lerc.
after make application to the said Judge ii probate,
setting iorth ii| grievances and praying him u ap-
point committee ofreyiaw tor the same.
SIC l. That before any such application shall b,
heard by the said Julge ol probate. the prson max
M the same snail enter into honas with two or more
suhcient scruri;ics fi the l,rrul OF one hunrcd
dollars, CONDITIONED for the payment OF all costs TINT
may accure in consequence OF such ap pJicltiDn for
committee OF reNiew being had.
SLc. :. That when sucn application shall be made
IN accordance win the provisions OF the Two preccd-
ing sections, 'he Probnte ,Iuiyc shall appoint
nllee OF five di-intcreste eelollers OF said county,
hot residents OF the township IN which such proposed
ditch or water course sBa be located, shall.
within live days after appointment, examine aud
review said proposed ditch water courst, and e
land niJac mt thereto, and forthwith tn make report
OF their proceedings TO The sa id Frcla:e Judge.
Stc y. II 1t shtll apiear, from the report of the
committee oi review that the sail prnyused Glitch
water course was properly located by tie said town
ship trustees the said ditch wafer cousa shalt bt
or opened, in sal location and it, from the report
of said committee it shall appear that the said pro-
posed ditch or water cOure was improperly located, ?
or located 10 the Injury O the appellant, the sd'e
shall lie cilnged and located slnll, to the said
committee, be- deemed just an. right
SIC 10. II the appellant sl Ill uil 10 get the !oca-
On OF suid proposed ditch or wa,eTruuI Sc changed,
he shall be euuJudged 10 pay the costs al committee OF
review, and costs o the probate judge; i! the appellant
succeeded IN ceciir! the chaugc, a.orcsIiL, the
p'o5ate jud5a Shall make such ui,p .siJn of the COSTS
Us 10 him shall be deemed Just.
SIC Il. The Trustees and ommiliee of review
shall reveive, rs compensation tor their services
under this net dollar per day each, for h time
in which they are emPIoycd nni the probate judge
shall rec i've the same te, Tor like services ot
er cases.
Sue. u. That the act entitled Ian net providing
tor the appointment OF commissioners -ot s'ws~s in
certain rou.ti ) IN thisSne "passd March Goth, Is
II, and the nulrndatOgy act thereto passed Apl 5Ja
1859, be and the same are hereby repealed.
JAMES G. JOHNSON,
Speaker OF the lluusn Ot Representatives.
WILLIAM MEDILL,
President oi the Senate.