Fremont journal. [volume] (Fremont, Sandusky County [Ohio]) 1853-1866, 1853-03-19
[No. 37.1
AN ACT

AZ ~
Authorizing the Trustees of Townships 10
establish Water courses, and locate Ditchs
es in certain cases.
Sec. l. Be II enacted by ihs Gsnsraf As
sen,bly Of the State Of Ohio, That the tus-
tees of townships shall have the power. upon
application Of the parties interested 10 enter
upon lands in their township, to view any wa
ter course, or proposed ditch. for the purpose
of draining the lands of one or more persons.
and. IN case the parties shall be unable TO
agree where said water recourse shall be open
ed, or said proposed ditch shall be cut. said
trustees shall cause said water-couse or ditch
! to be located, and surveyed. and shall set
apart to each person interested in the said
wetercourse or ditch such portion Of the same.
to be by him opened, as shall, by said trus-
tees, be deemed just and right. according to
the benefit to be derived from she opening VI
said water.course or ditch.
Sec 2. That when any person shall
mage application to the trustees. as prescri.
bed for in the foregoing section; he shall
give notice in writing, to all other persons
interested in the proposed ditch. or water
course, which notice shall be seerved,by copy
left with or at the residence Of such persons
so interested at least three days before the
day on which said trustees are to E:se. for
the purpose Of making the examination pro.
vided for in the first section Of this act; and
a copy Of said notice, with an affidavit that
the sane has been served. as aforesaid. shall
be taken by said trustees, as evidence Of the
service of said notice; and If any Of the per,
sons so mentioned reside out of the State or
county, it shall be lawful to give them no
tice by publishing the same in newspaper
of general circulation in the county. as re-.
quired in chancery cases
Sec. 8. If any of the persons interested ID
the proposed wster-course or ditch, shall fail
to procure the cutting Of said ditch, or the
opening of said water-course in that section
of the same assigned by the said trustees to
such person, at the time. and 10 the manner
designated by the order of said trustees, any
J other person who may be interested in the
opening of said ditch or water-course, shall
be authorized to enter upon any land through
I which the said ditch or watercourse may
have been located as aforesaid. to upeh said
water.course or cut the said ditch; and in
such cases il shall be the duty of the said
, trustees to value the labor so performed.
when they shall be called upon for that puf-
t pose they shall give to the person having
performed the labor as aforesaid, cethcAts
? Of the amount and value of the labor 90 BY
him performed or caused to be performed
: and the person boldiug such certificate. shal
be authorized, after demand aud refusal, 10
b recover by action Of debt before any court o
competent jurisdiction the amount Of said
>. certificate from the person TO whom the open
ing Of said ditch or water-course was assign
= ed by the said trustees. together with cost
Of suit and the cost claimed by the trustee'
: for their duties enjoined upon them BY thu
act; and when execution shall have been ID
1t sued on any judgement recorded as aforesaid
and the same shall be returned unsatis6ed i
y whole or in part. it shall be the duty Of th,
court before whom such judgement was ren
b dered, to cause the same TO be certified will
the costs and all proceedings in the case
Ii the auditor of the proper county. who shs
enter the same upon the tax duplicate @
b said county against the tract or lot Of Ian
through which said ditch or watsr-course ha
Ii been openso, and the amount so entered Aha
be collected BY the treasurer; the same q
Ii other taxes; and when collected, shall b
paid over TO the person or persons inieresie
ID 10 said judgement. Prsgidsd thai II any
the persons interested in the proposed ssiel
ct course or ditch reside out u lhs Stats .