Portage sentinel. [volume] (Ravenna, Ohio) 1845-1854, 1853-03-16
February q, 1853.
AN ACT

mo- 3T1 ANACT
Authorizing the Trustees of Townships to establish Water
and locate bitches in certain
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 water proposed ditch
for the purpose of draining the lands of per-
and in the parties interested shall be unable to
agree where said watercourse shall be opened said
posed ditch shall be cut said trustees shall said
ter ditch to be located and surveyed, and shall
set apart each person interested the said
or ditch portion of the by him opened as
SHALL by said trustees be deemed just and right according
to the benefit to be derived from the opening of said water
course or ditch
SEC q That when any person shall make application
the trustees prescribed for in the foregoing sect he
shall give notice in writing to all other persons interested
in the proposed ditch water course which notice shall
be served by copy left with at the residence such per-
which said trustees for the purpose making
the examinations provided for in the first section of this
act; and copy Of said notice, with affidavit that the
same has been aforesaid shall be by said
trustees evidence of the of said notice. and
of the persons mentioned reside out of the State
county, shall be lawful to give them notice by publish
ing the same in of general circulation in the
county, required in cbancery
SEC That any of the persons interested in the pro-
posed water course ditch shall fail to procure the cutting
Of said ditch the opening of said water in that
fecon Of same assigned by the said trustees to such
person, Mt the tie and in the designated by the
order of said trustees other whip be inter
esed in the opening Of said ditch water shall be
authorized to upon any land through which the said
ditch water course may have been located aforesaid
to open said water the said ch and in such
it shall be the duty the said trustees to value the
labor performed when they shall be called upon for that
purpose and they shall give the person having perform
ed the labor aforesaid certificate Of the amount and
value of the labor by him performed caused to be
formed, and the holding such certificate sha be
authorized after demand and REFUSAL to by action
OF debt before court of competent jurisdiction the
amount of said certificate from the person to whom the
opening Of said ditch water assigned by the
said trustees together with costs of suit and the costs
claimed by the trustees for their duties erjoned upon them
by this act and when execution shall have been issued
judgment recorded aforesaid and the shall be
returned unsatsed in whole or in part it shall be the du
H of the court before whom such Judgment rendered.
to the to be certified with the costs and all pro-
ccedngs in the to the auditor Of the proper county
who shall enter the upon the tax duplicate of said
county against the tract lot of land through which said
ditch water course had been opened, and the amount
entered shall be collected by the treasurer the 9TH
taxes and when collected shall be paid to the per-
persons interested in the said Judgment provided
that any the persons interested in the proposed water
ditch reside out of the State county shall fail
to the person holding such certificate for thirty days
after the labor has heen performed the person holding the
may file it with the auditor Of the county, who shall
levy the same the tax duplicate and the shall be
proceeded with without suit all respects required in
this section
SEC A. No county auditor shall be under Obligation to
enter the amount mentioned in the preceding secton
less the shall be accompanied with full and partcu
lar description Of the lot or lot subject 70 the amount
claimed as aforesaid.