The Portsmouth inquirer. [volume] (Portsmouth, O. [Ohio]) 1849-1855, 1853-03-04
FeruarY 10, 1853.
AN ACT

No 81 AN ACT
Authorizing the Trustees Of townships 10
establish water courses, and locate Ditch
es in certain cases.
Sec. /. Belt enacted by the General As
sembly of the State of Ohio, That the trus-
tees OF townships shall have the power, up
on application Of the parties, to enter upon
any lands in their township, 10 view any wa
ter.course, or proposed ditch, for the purpose
of draining the lands Of one or more per.
sons, and in case the parties ineres.ed shall
be unable 10 agree where said water.conrse
shall be opened, or lid proposed ditch shall
be cut. said trustees shall cause said water
course or ditch 10 be located, and surveyed
and shall set apart 10 each person interested
in the said water-course or ditch, such .por-
ton of the same, to be BY him opened, as
shall, by said trustees, be deemed just and
nsht, according TO the benefit 10 be derived
from the opening Of said water course o.
ditch.
Sec Q That when any person shall make
application to the trustees, as is prescrloet
for in the foregoing section, he shall give
notice in writing, 10 all other pesons iEteres
ted in the proposed ditch, or water course
which notice shall be served, by copy lei
with or al the residence CT such person so in
terested, at least three days before the day Of
which said trustees are 10 meet for the pur
pose of making the examinations provide
| ior in the first section Of this act. and cop
of said notice, with an affidavit that the 50 N
has been served, as aforesaid, shall be take
! BY said trustees, as evidence OF the servic
Of said notice; and i any Of the persons S
mentioned reside out OF the State or county
il shall be lawful 10 give them notice b
publishing the same in newspaper oil gene
raj circulation in the county as require
in chancery cases. =.
Sec. 8 If any Of the persons interested
the proposed water course or ditch, shall is
. TO procure the cutting OF said ditch, or u
opening Of said water course in that sectio
Of the same assigned by the said trustees
such person, at the time, and in the mann'
designated by the order Of said trustees, an
other person who may be interested in Ii
i, opening of said ditch, or water course, sha
: be authorized to enter upon any land throue
: which the said ditch or water course ms
have been located, as aforesaid, to open sa
water course or cut the said ditch; and
(, such cases it shall be the duty Of said ;ru
tees TO value the labor so performed, wh'
i they shall be called upon for that purpos
II and they shall give notice 10 the person ha
+ inp performed the labor as aforesaid, &C
IS tificate Of the amount, and value Of the lab
o so by him performed or caused 10 be pc
e formed, and the person holding such uerli
y cate, shall be authorized alter demund Bl
v refusal, to recover by action Of debt befC
Is any court Of competent jurisdiction I
= amount of said certificate from the person
e whom the opening Of said ditch or wat
l. course was assigned by the said trustees, t
Ne gether with costs Of suit and the cost clair
y ed by the trustees for their duties enjoin
IS upon them by this act; and when ex
E. cution shall have been issued on any judg
re ment recorded as aforesaid and the same sliI
I, be returned unsatlsfed In whole or in pa
!; il shall be the duty of the court before who
D. such judgement was rendered to cause 4
r. same 10 be certified with the costs and 1
proceedings in case TO the auditor Of d
proper county. who shall enter the same u
J. on the tax duplicate Of said county sgair
x the tract or lot Of land through which 70
10 ditch or water course had been opened, .
a. the amout so entered shall be collected by !
'l- treasurer, the same as other taxes; and wh
q. collected, shall be paid over TO the person
I'd persons interested in the said Judgement;
ms Provided, that ifsny Of the persons inter
bs led in the proposed water course or ditch
ng side Out Of the State OF county shall fail
I'd pay 10 the person holding such certificate
K thirty dsys after the labor has been perfoI
led, the person holding The same mag
Is. III with ihe Auditor oi The proper coun
ch who shall levy ths senae on the tax duplic
he land tic same shall b. proceeded with wi
ioloui, suit in al ssspecis as required y i
lssction.