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

authorizing the Trustees Of Townships to es
tablish Water-courses, and locate bitches in
certain cases.
SEc. /. Be it enaeted5y he General .4lsen,-
BIZ Of he Slate Of Ohio, That the trustees
of townships shall have the power, up
on 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 of one or more persons, and, in
case the parties interested shall be una
BILE to ageee 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 TO each
person interested in the said water
course or ditch, such portion of the
same, to be by HIM opened, as shall by
said trustees, be deemed just and right,
according 10 the benefit 10 be derived
from the opening of said water-cOurse or
ditch. ......
Sec. 2. That when any person shall
make application to the trustees. as is
prescribed for in the foregoing section,
he shall give notice in writing. 10 all
other persons interested in the proposed
ditch or water course, which notice
shall be served, by copy left with or at
the residence of such person so interes
ted, at least three days before the day
on which said trustees are to meet for
the purpose ofmaking the examinations
provided for in the first section of this
act; and copy of said notice, with an
affidavit that the same has been served,
as aforesaid, shall be taken by said trus-
tees. as evidence of. the service of said
notice; and if any of the persons so
mentioned reside out of the State or
county, it shall be lawful TO give them
notice by publishing the same in a news
paper of general circulation in the coun-
iy, as required in chancery cases.
Sec. 8. II any of the persons interes-
ted in the proposed water 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 as
signed by the said trustees TO such per.
son, at the time, and in the manner de-
signated by the order of said trustees,
any other person who may be interested
in the opening of said ditch, or water
course, shall be authorized to enter up
on any land through which the said
ditch or water course may have been To-
Gated, as aforesaid. TO open said water
course or cut the said ditch; and in such
cases it shall he the duty of the said
trustees to value the labor so performed,
when they shall be called upon for that
purpose. and they shall give to the per-
son having performed the labor as afore-
said. certificate of the amount, and
value Of the labor so by him performed
or caused to be performed, and the per-
son holding such certificate shall be au-
thorized after demand and refusal, TO re-
cover by action Of debt before any
court of competent jurisdiction the
amount of said certificate from the per-
son to whom the opening OF said ditch
or water course was assigned by the said
trustees, together with costs of suit and
the cost claimed by the trustees for their
duties enjoined upon them by this act:-
and when execution shall have been is
sued on any judgment recorded as afore-
said and the same shall be returned un-
satisfied in whole or in part, it shall be
The duty of the court before whom such
judgment was rendered to cause the
same TO be certified with the costs and
all proceedings in the case to the audit
or of the proper county, who shall en-
ter the same upon the tax duplicate Of
said county against the tract or lot Of
lanG through which said ditch or water
course had been opened, and the amount
so entered shall be collected by the
treasurer, tho same as other taxes; and
when collected, shall be paid over 10 the
person or persons interested in the said
judgment: Provided, that if any of the
persons interested in the proposed water
course or ditch reside out OF the State
or county shall fail to pay to the person
holding such certificate for thirty days
after the labor has been performed, the
person holding the same may file it with
The Auditor Of the county, who shall
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