Carroll free press. [volume] (Carrollton [Ohio]) 1834-1861, 1853-03-18
Cams Of Ohio,
PUBLISHED BY AUTHORITY

! mo. 81 AN ACT
Authorizing the Trustees of Townships to es-
tablish Water courses, and locate bitches in
certain cases.
Sec l. Be il enacted Jy the General assembly
of the State Of Ohio, That the trustees of town
ships shall have the power, upon application oI
the parties, to enter upon any lands in their
township, to view any Water-course, or pro.
posed ditch, for the purpose of draining the
lands of one or more persons, and, in case the
parties interested shall be unable to agree where
said water-course shall be opened, or said pro-
posed ditch shall be cut, said trustees shall
cause said water course or ditch to be located,
and surveyed, and shall set apart to each per-
son 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 to the benefit to be derived
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 res
idence 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 af-
tidavit that the same has been served, as afore-
said, shall be taken by said trustees, as evidence
of the service of said notice and if any of the
persons so mentioned reside out of the State or
county, il shall be lawful to give them notice
by publishing the same in newspaper of gen.
eral circulation in the county, as required in
chancery cases.
Sec. 3. If 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
same assigned by the said trustees to such per-
son, at the time, and in the manner designa
ted by the order of said trustees, any other
person who may be interested in the opening
of said ditch, or water course, shall be author
lied to enter upon any land through which the
said ditch or water course may have been To-
Gated, as aforesaid, TO open the said water
course or cut the said ditch and in such ca
ses it shall be 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 person having performed the labor
as aforesaid, a certificate of the amount, and
value of the labor SO by him performed or caus-
ed to be performed, and the person holding
such certificate, shall be authorized after de-
mand and refusal, to recover by action of debt
before any court of competent jurisdiction the
amount of said certificate from the person 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 trus-
tees for their duties enjOined upon them by this
act and when execution shall have been is