Carroll free press. [volume] (Carrollton [Ohio]) 1834-1861, 1853-03-18

sued on any judgment recorded as aforesaid
and the same shall be returned unsatisfed 10
whole or in part, u shall bs the duty Of the
court before whom such judgmentwAs render
ed 10 cause the same 70 be eertieed with the
costs and all proceedings in the case 10 the
auditor Of the proper county, who shah enter
the same upon the tax duplicate Of said e0un'
ty against the tract or lot Of land through
which said ditch or water course had been
opened, and the amount 50 entered shall be col
lecled by the treasurer. the same as other tax
IS and when collected shall be paid over to
the person or persons interested in the said
judgment Prociied, that il any Of the per-
sons interested in the proposed Water-eourse or
ditch reside out Of the State OF county shall
iall to pay 10 the person holding such eertiii-
cate 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 tai duplicate, and the
same shall be proceeded with without suit in all
respects as required in this section.
+ Sec. 4. No county auditor shall be under OBJ
legation to enter the amount mentioned in lhe
preceding section. unless the same shall beac-
eomPanled With full and particular descnP-
iion OF the lot or part Of lot subject 20 the
amount claimed as aforesaid.
! Sec. 8. In all Cases, where any proposed
ditch or water course shall be in more than one
township, application shall be made 10 the trus-
tees of each Of said townships, and in such
case, a majority Of the trustees Of such town.
ships shall be competent to locate and establish
the ditch or water course as aforesaid. m a
Sec g. In all cases, when any person shall
feel Iinnraff 4 4 II
proposed ditch or water course, BY the town
ship trustees, lie may, within three days next
ensuing, give notice in writing, 10 all other per-
sons interested in the same, of his intention TO
appeal from the decision Of the trustees as
aforesaid, to the Judge of probate Of his prop
er county, and shall, within the next ten days
thereafter make application to the said Judge
OF probate, setting forth his grievances and
praying him TO appoint committee Of review
tor the same.
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 or more sufficient securities in
the penal sum Of one hundred dollars, condi.
TONED for the payment of all costs that may
accrue in consequence of such application for
committee of review being heard. @
Sec 8. That when such application shall be
made in accordance with the provisions Of the
TWO preceding sections, the Probate Judge
shall appoint committee Of five disinterested
freeholders of said county not residents Of the
township in which such proposed ditch or wa
ter course shall be located, who shall, within
five days after appointment, examine and re-
view said proposed ditch or water course, and
The land adjacent fbar 10 upI forfh hrrffh OBJ
a report of their proceedings to the said Pro.
bate Judge. fes
Sec. 8. If it shall appear, from the report of
the committee Of frevieW, that the said proposed
ditch or water-course was properly located by
the said township trustees, the said ditch or
water-course shall be cut or opened, in said To-
cation and if, from the report of said commit.
tee, it shall appear that the said proposed ditch
or water-course was improperly located, or To-
Gated to the injury of the appellant, the same
shall be changed and located, as shah, 10 the
said committee, be deemed just and right.
Sec. 10. Ii the appellant shall fail 10 get the
location of said proposed ditch or water course
changed, he shall be adjudged to pay the costs
OF committee Of review, and costs of the pro-
bate Judge if the appellant succeed in effect
ing the change, as aforesaid, the probate Judge
shall make such disposition of the costs, as 10
him shall be deemed Just.
Sec. II. The trustees and committee Of re-
view shall receive, as compensation for their
services, under this act, one dollar per day,
each, for the time in which they are employed,
and the probate Judge shall receive the same
fees, as for like services in other cases.
Sec. l2. That the act entitled ian act provi-
ding for the api oint of commissioners of sew
ers in certain counties in this State" passed
March Goth, 184l, and the amendatory act
thereto, passed April 3oh, 1852, be and the
same are hereby repealed
JAMES G. JOHNSON,
Speeker of the House of Representatives.
WILLIAM MEDILL,
President of the Senate.
February "a. 1853