Spirit of the times. [volume] (Ironton, Ohio) 1853-1858, 1853-03-15
Feb. -, 1853.
No. 81.
A y A G. +

A y y
Authorizing the Trustees Of Townships TO es-
tabllyn " ater eourscS, and locate bitches in
certain cases.
Sec /. Be II enacted by the General Assem-
bly OF the State OF Ohio, That the trustees of
tow pships shall have the power, upon applca
ton of the parties, 10 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, Ill case the
parties interested snail be unable 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 10.
Gated, 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 o.
pencd, as shall, By said trustees, be deemed
lust and right, according TO the bene fit to be de.
rived from the opening OF said water. course or
ditch.
Sec. 2. That when any person shall make ap-
plication to 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 resi-
dence OF such person so Interested, at least
three days before the day on which said trus.
tees are to meet for the purpose of making the
examinations provided for in the first section of
this act; and copy OF said notice, with an atli-
davit that the Same has been served, as afore-
said Shall be taken by said trustees, as ev :
dence Of the service of said notice; and if any
Of the persons 50 mentioned reside out of the
State or county, il Shall be lawful to give them
notice by publishing the same in q newspaper
of general circulation in the county, as requir-
cd i'll chanccry cases.
/ Sec. 3. II any of the persons interested in the
! proposed water course or ditch, shall fail to
! procure the cutting Of said ditch, or the OPEN
! ing of said water-course in that section Of the
sam: ASST gned BY the said trustees TO such per-
| son, at the time, and in the manner designated
| by he 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 upon any land through which the said
ditch or water course may have been located,
as aforesaid, to open said water course or cut
the said ditch; and in such cases it shall be the
duty of the SAID trustees to value the labor 50
performed, when they shall be called upon for
that purpose, and they shall give to the person
having performed the labor as aforesaid, q &C :
lifca.c of the amount, and value of the labor 81
by him performed or caused to be performed,
and the person holding such certificate, shall
be authorized after delna and refusal TO re-
cover by action of debt before any court oil
competent jurisdiction the amount Of said Ger
titicatc from the person to whom the opening o
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
enioned upon them by this act and when ex.
ecution Shall have been issued on any iudg
mcnt recorded as aforesaid and the sam, shall
be returned unsatlsiied in whole or in part, il
) shall be the duty OF the court before whom such
Judgment was rendered TO cause the same TO bl
certified with the costs and all proceedings II
) the case to the auditor OF the proper county
who shall enter the same upon the tax dupli-
cate of sad county against the tract or lot o.
land through which said ditch or water cours,
had been opened, and the amount SO entered
+ shall be collected by the Treasurer, the sam
as other taxes; and when collected, shall bt
paid over to the person or persons interested il
S he said Judgment. Provided, that if any of tn,
persons interested in the proposed water cours
OK ditc! reside out of the stat, or county shal
f. fail to pay to the person holding such certfcat
for thirty days after the labor has been perform
: ed, the person holding the same may file
4 with the auditor of the county, who shall lev,
the same on the tax duplicate, and the sam
i shall be proceeded with without suit IN all re
- spccts as required in this section.
Sec. 4. No county auditor shall be under OBJ
livation TO enter the amount mentioned in th
A preceding section, unless the same shall b
). accompanied with q full and particular descrip
. ton oil the lot or part Of lot subject to The q
v mount claimed as aforesaid.
Il Sec. s. In all cases, where any propose
ditch or water course shall be in more than on
}. township, application shall be made to tn
!. trustees Of each Of said townships, and in suc
case, majority Of the trustees of such town
ships shall be competent TO locate and ostat
lish the ditch OF water course as aforesaid.
SEQ. 6. In all cases, when any person sha
feel himself sgyrieved by the location of an
'stproposed ditch OF water courses BY the tow
ship trustees, he may, within three days no