The Kalida venture. [volume] (Kalida, Ohio) 1841-1865, 1853-03-25
[No. .37l

No. 81 agrE aua'
AN ACT authorizing the Trustees o
Townships to establish Water courses
ana locate bitches in certain cases
Sec. /. Be il enacted by the General
Assembly of the State of Ohio, That
the trustees OF townships shall have the
power, upon application OF the parties,
to enter upon any lands in their township,
to view any Water course, or proposed
ditch, for the purpose of draining the
lands ofone or more persons, and, in
case the parties interested shall be un>,
able to agree where said water course
shall be opened, or said proposed ditch
shall be cut, said trustees shall cause
said water course or ditch TO be located
and surveyed, and shall set apart 10 each
person interested in the said water course
or ditch. such poriien of the same, 10 be
by him opened, as shall, by said trustees,
be deemed just and right, according TO
the benefit to be derived from the OPEN
ing Of said water course or ditch.
Sec. 2. That when any person shall
make application 10 the trustees, as is
prescribed 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 served, by copy left with or at the
residence ofsuch person so Interested,
at least three days before the day on
which said trustees are to meet for the
purpose Of making the examinations pros
vided for in the first section OF this act
and copy of said notice, with an affida.
vii that the same has been, served, as
aforesaid, shall be taken by said trustees
as evidence of the service of said notice;
and if any ofthe persons so mentioned,
reside out OF the State or county, ii shall
be lawful to give them notice by publish
ing the same in a newspaper of general
circulation in the county, as required in
chancery cases.
Sec. B. Ii any Of the persons inter-
es.ed in the proposed water course or
ditch, shall fail 10 procure the cutting of
said diih, or the opening Of said water
course in that section of tho same sssign-
ed by The said trustees TO such person,
at the time, and in the manner designat>
ed by the order Of said trustees, any other
person who may be interested in the
opening of said ditch, orwater course,
shall be authorized to enter upon any
land through which the said ditch or
water course may have been'locaied, as
aforesaid, 10 open said water course or
cut the said ditch; and in such cases il
shall be the duty Of the sud trustees 10
value the labor SO performed, when they
shall be called upon for that purpose,
and they shall give 10 the person having
performed the labor as aforesaid, GER
tiGcare Of thesamount, 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, to recover by action
Of debt before any court Of competent
jurisdiction the amount Of said certificate
from the person 10 whom the opening Of
said diich or water course was assigned
BY The said trustees, together with costs
of suit and the costs claimed by the trusts
ees for their duties enjoined upon them
by this act: and when execution shall
have been issued on any Judgment recor.
ded as aforesaid, and the same shall be
returned unsalis6ed in whole or in par
it shall be The dnty of the court before
whom such judgment was rendered to
cause the same 10 be certified with The
costs and all proceedings in the case 10
The anditor or the proper county, who
shall enter the same upon the tax dupli-
pate Of said comfy against the tract
,r lot OF land through which said ditch
'r water course had been opened, and