The Perrysburg journal. [volume] (Perrysburg, Ohio) 1853-1861, 1854-05-20

been made, which said clerk shall record
the same in the township record.
Sec. 4. The trustees, after having made
up their award and apportionment shall,
within a reasonable time, cause written
notice to be served upon each person inter
Iested, setting forth the amount of labor and
expense to be by him or her performed and
sustained, and shall cause the said labor to be
performed within a reasonable time, which
time shall be specified in their said certif-
cate, and cause said ditch or water-course
to be kept open by those interested in the
same, according to the award Of the trustees
or commissioners.
Sec. s. That in all cases where applica-
ton is made to the trustees for locating
ditch or water they shall meet with
lin ten days after having been duly notified
of the same, fer the purpose of making such
examination and location; and the trustees
or commission of review shall have power,
when they shall deem il necessary, to take
to their assistance a competent person,
whose duty it shall be to act as clerk, and
allow him a reasonable compensation for
his services to be taxed in the cost bill.
Sec. 6. If any of the persons interested
in the proposed water-course OF ditch, shall
fail TO procure the cutting of said ditch, or
the opening of said water course, on that
section of the same assigned by the said
trustees to such person, at the time and in
the manner designated by the said trustees,
said trustees shall cause the same to be done
either by public or private contract, on such
reasonable terms as they are able to procure.
and give to the person having performed the
labor as aforesaid. certificate of the amount
and value Of the labor so by him performed,
or caused to be performed and the person
holding such certificate shall be authorized.
after demand and refusal to pay, to sue for
and recover before 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 the cost of
suit, and the cost claimed by the trustees
for the performance of their duties, enjoined
upon them by this act ard when execution
recovered as aforesaid, and the same shall be
shall be the duty of the court before whom
such judgment was rendered, to cause the
same to be certified, with the cost, and all
proceedings in the cdse to the auditor of
the proper county, who shall enter the same
uDOIl ldA uupllCdlC Va SdlO COuuLO,
against the tract or lot of land benefited by
the cutting or opening of said ditch or wa
ter-course and the amount so entered, to-
gether with the legal interest, shall be col
lected by the treasurer, the same as other taxes;
and when collected shall be paid over to
the person or persons interested in the said
judgment; Provided, that if any of the per-
sons interested in the proposed water 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
shall have been performed the person hold
ing the same may file it with the auditor of
the proper county, who shall levy the same
upon the tax duplicate and the same shall
be proceeded with, without suit, in all re-
spects as required in this section; Provided,
further, that it shall not be necessary to give
any person who is not resident of the coun-
ty or state, written notice of the amount
of labor and expense due from him, as pro-
vided for in the third section of this act.
Sec. 7. No county auditor shall be I'M
der obligation to enter the amount men
toned in the preceding section, unless the
same shall be accompanied by full and par
ticuar description of the lot or part of lot
subject to the amount claimed as afore-
said
Sec. 8. In all cases when any proposed
ditch or water course shall be in more than