Meigs County telegraph. [volume] (Pomeroy [Ohio]) 1848-1859, 1853-03-15

notice in writing, 10 all other persons inter-
ested in the proposed ditch or waler-course,
which notice shall be served, by copy left
with or al the residence of such person in
leres.ed. al least three days before the day
on which said trustees are 10 meet for the
purpose Of making The examinations pro-
vided for in the first section Of this act;
and copy Of said notice, with an affidavit
,ha, the same has been served, as Aforesaid,
shall be taken BY said trustees, as an evi.
dence of the service OF said notice; and II
any Of the persons so mentioned reside on.
Of the Slale or county, it shall be lawful 10
give them notice by publishing the same in
newspaper of general circulation in the
county, as required in chancery cases.
Sec. 8. If any of the persons interested
in the proposed water.course or ditch, shall
fail to procure the cutting Of said ditch, or
the opening Of said waler.course in that Sec
tion of,he same assigned by the said trustees
TO such person, at the time, and in the man.
ner designated 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 enler upon any land
through which the said ditch or water
course may have been located, as aforesaid.
10 open said wa,er-course or cut said ditch;
and in such cases il shall be the duty Of
the said trustees to value the labor so per.
formed, when they shall be called upon for
tina, purpose, and they shall give 10 the per-
son having performed the labor as aforesaid,
a certificate of the amount and value of the
labor so by him performed or caused 10 be
performed, and the person holding such
certificate, shall be authorized after demand
and refusal, TO recover by action oil debt be-
fore any court Of competent jurisdiction the
amount of said certificate from the person
10 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 en-
Joined upon them by this ACT; and when
execution shall have been issued on any
judgment recorded as aforesaid, and the
same shall be returned unsatisfied in whole
or in part, it shall be the duty of the court,
before whom such judgment was rendered
10 cause the same 10 be certified with the
costs and all proceedings in the case TO the
auditor of the proper county, who shall en-.
ter the same upon The lax duplicate of sad
county against the tract or lot Of land
through which said ditch or waler.course
had been opened, and the amount so enter.
ed shall be collected by the treasurer, the
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 waier.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 levy
the same on the tax duplicate, and the same
shall be proceeded with without suit in all
respects required in this section.
Sec. 4. No county auditor shall be under
obligation 10 enter the amount mentioned in
the preceding section, unless the same shall
be accompanied with full and particular
description Of the LOT or part Of lot subject 10
the amour, claimed as Aforesaid.
Sec. 5. In all cases, where any proposed
ditch or water course shall be in more than
one township, application shall be made TO
the trustees Of each OF said townships, and
in such case, a majority of the trustees oil
such townships shall be competent to locate
and establish the ditch or waller course as
aforesaid.
Sec. 6. In all cases, when any person
shall feel himself agrieved by the location
Of any proposed ditch or wafer course. by
the township trustees, he may, within three
days next ensuing, give notice in wiring, tc
: all oher persons interested in the same, oil
his intention to appeal from the decision oI
the trustees as aforesaid, 10 the Judge o
r Probate Of his proper county, and shall
within The mex, ten days thereafter make
application 10 the said Judge Of Probate, set.
ling forth his grievances and praying him
10 appoint committee Of review for the
same.
Sec. 7. That before any such application
shall be heard BY the said Judge OF Probate
the person making the same shall enter inlc
. bonds with two or more sufficient securi,ie,
in the penal sum Of one hundred dollars
conditioned for the payment Of all costs iha
;, may accrue in consequence Of such applica
: lion lor committee Of review being heard.
Sec. 8. That when such application shal
be made in accordance with the provision,
i Of the two preceding sections, the Probate
Judge shall appoint committee Of FIVE dis
interested freehoders Of said county, no
residents of The township in which sucf
: proposed ditch or water course shall be To-
Gated, who shall, within five days after ap
pointment, examine and review said pro
posed ditch Or water course, and the lant
adjacent thereto, and forthwith make re-
por. Of their proceedings 10 the said Probal,
Judge. g.sE -.r y
Sec. 8. lfil shall appear, from the repor
Of the committee Of review, that the sail
proposed ditch or waier.course was properly
o ocaled by the said township trustees, th
J. said ditch or water-course shall be cut O
opened, in said location; and If, from ,h
}. report Of said commiliee, il shall appear ,ha
). the said proposed ditch or waier.course wa
, improperly located, OF located 10 the injur,
N Of the appellant, the same shall be change,
y and located, as shall, 10 the said committee
10 be deemed just and right.
'r Sec. 10. If the appellan, shall fail to &c
r. the location Of said proposed ditch or water
d course changed, he shall be adiudped 10 mn,