The Portsmouth inquirer. [volume] (Portsmouth, O. [Ohio]) 1849-1855, 1853-03-04


~ rs e 40 county auditor shall be under
eol,lIasion 70 !. enter the amount mentioned
iH Nv, wv PteesAlng section, unless the same
snai. pe accompanied with full and psr-
ueuiaE qsacilption OF the lot or part of lot
subject 70 the amount claimed as Aforesaid.
r Sec 3 In ell cases. where any proposed
ditch or weter course shall5be in more than
one township, application shall be made 10
| the trustees Of each Of said townships, and
| 10 such case, majority of the trustees of
Isuch township shall be competent 10 locate
and establish the ditch o. water course as
aforesaid.
Sec IN all cases when any person shall
feel himself aggrieyed by the location of any
proposed ditch orwater recourse BY the town
tship trustees, ne may within three days next
lensuing, give notice in writing, 10 all other
persons interested in the same, OF his inten-
| lion to appeal from the decision Of the trus-
tees as aforesaid, the Judge Of probate Of his
proper county, and shall, within the next ten
ldays thereafter making application TO the
| said Judge Of Probate, setting forth his grew
ances and praying him TO appoint COM
llmittee Of review for tie same. ,qs
1 Sec z That before any such application
shall be heard By the said Judge Of Probate,
the person making the same shall enter into
bonds with two OF more sufficient securities
Il in the pend sum Of one hundred dollsrs, con-
lditioned for the payment Of all costs that
may accrue in consequences Of such applica-
Il ton for committee OF review being bad.
!, Sec 8 That when such application shall
be made in accordance with the provisions
OF the two preceding sections, the Probate
|, lJudge shall appoint COMMITTEES OF FIVE dis
4 interested freeholders Of said county, not res
idents Of the township in which such pro-
/. posed ditch or water course shall be located, ,
Y who shall, within five days after appoint
ment, examine and review said proposed
: lditch or water course. and The land adjacent
J. thereto, and forthwith make report Of their
proceedings to the said Probate Judge.
d Sec 8 If it shall appear. from the report
J. of the committee Of review, that the said
proposed ditch or water-course was properly
y located by the said township trustees. the
said dit,h or water course shall be cut Of
= opened, in said loca tion; and If, from the re
of port of said committee, it shall appear tha'
lhe said proposed ditch or water course wa'
h improperly located. or located TO the injur!
Of Of the appellant, the same shall be changet
and located, as shall, to the SAID committee
be deemed just and right
ie Sec 10 Ii the appellant shall fail to &c
III the location of said proposed ditch or waite
Of course changed, he shall be adjudged to pa
: the cost Of committee Of review, and cos
III Of probate judge;if the APPELLANT succeed Ii
lie efftcling the change, as aforesaid, the pro
bate Judge shall make such disposition ol tn
r costs, as 10 him shall be deemed just.
~ Sec III The trustees and committee c
review shall receive, as a compensation fc
v their services, under this act, one dollar pc
i'd day, each, for the time in which they are en-
ployed, and the probate judge shall receiv
III The same fees, as for like services in othe
y cases. "
Sec IL That the act entitled can act prt
viding for the appointment oil commissions
of Sc wers in certain counties in this State
passed March 26th, l84l, and the amendatt
ry act thereto, passed April 30, 1852, be an
the same are hereby repealed.
JAMES C. JOHNSON,
Speaker of the House of Representatives,.
N WILLIAM MEDlLL,
h President OF the Senate.
February "a. 1853.