The Kalida venture. [volume] (Kalida, Ohio) 1841-1865, 1854-07-07
WHOLE NO. 69I.

be determined according 10 tho provis>
ions Of this act; within thirty days after
such dumtgo shOli have been ascertain
ed
SEC 10. When any person shall feel
nggrieved by Inc location of any such
hdnch or water-course, OF the award and
aFportionmont Of such labor and EXPENSE,
by the township trustees, he or she may,
within len days next ensuing, give notice
in writing 10 all other persons interested
IN ihe same, of his intention 10 appeal
from the decision oi'ibo trustees as afore.
said, TO the probate judge o. The proper
county, aRd shall within fifteen days
lherapGer, maks applcalion TO said Judge
I i6fptoBttd, getting fof6 his OF her grioy-
auces, ard praying bin 10 appoint com
mission TO review tho same.
| SIG IL That before any such appli-
cation shall he heard by the said Judge
| ofprobale, the persons making the same
shall enter into bonds with Two or more
sufficient snrcties, in the penal snm of
one hundfed dollars, conditioned FOR ths
payment Of all costs that my accrue in
consequence Of such application fuf d
commission ofroylew.
SEC. l2. That when such application
shall be made in accordance with the
provisions Of The two preceding sections;
the probate judge shall appoiht COM
mission Of three dsinteres,ed freehoIders
Of said county, not resident OF the town.
ship or townships IN which such propo.
sed ditch or waterScoHrse shall be locaS
ted, who shall, within three days thereaf.
ter, exafYine and review said proposed
ditch or vaier,course, aud the land ada.
cent thereto, and forthwith make report
Of heir proceedings,lo said probate Judge.
SEC. l3. If it shall appear from The
report of the commission Of review, that
said ditch or waier-couTse was properly
located, an6 equuIly awarded in labor and
expense by said township ltusloes, tho
said ditch or waer-course shall be cut OF
opened IN said location, and if from the
repor, OF said commission ii shall appear
that The said proposed ditch or wafer
course was Improperly located ,or imptop-
efly awarded or apporiioned, either as to
labor, expense or damage, the same shall
he changed and located in such manner
as shall 10 the said commission be deem
ed just.
| SEC. IA. II the appellau, shall fail TO
chdnge the location ofsaid proposed ditch
or waier-course,or Of the af,fesaid award;
labor or expense, wherein he niay be ir-
iesssisd, ..Sh,ll be adj dasaI ID p6y the
cnst OF the commission Of review, and the
cos, Of court; bul If the appellant succeed
in eaeclng the change as aforesaid, the
probate judge shall make such disposition
oftho cost as 10 him shall be deemed
just.
SF6. Is. In case there shall b. an un.
settled business or contract in the hands
of any trustees or commissioners author.
zed by the laws Of this State, for the pur-
poses aforesaid. wherein the labor shalI
have been partly performed and the costs
and expenses not fully settled, said rus-
tees or commissioners shall transfer the
same, together with all moneys thereto
belonging and in their hands, 10 the ,rus
lee or trustees Of The proper townships.
within sixty days from tho passage OF
This act; and the trustees shall lake such
action thereon, as they are authorized 10
take in other cases.
SEc l6 Trustees OF commissioners
falling or neglecring TO perform any of
the duties imposed upon them BY The pro.
visions Of this act, shall forfeit and pay
fine Of FIVE dollars, for every such neglect.
10 be recovered before any officer, Having
competent Jurisdiction, for the benefit Of
common schools in such township, at the
suit Of any person feeling aggrioyed
thereby.
\ SEC II. The trustees and commis-
sionels Of review shall receive. al COM
| pcnsation for their services under this act,
one dollar per day each, for The time in
which they shall be employed, and the
probate Judge shall receive The Same fees
as for like services in other cases.
SEC. Is. Il shall be lawful for The
owner or owners Of any land in this State,
wherein there shall have been any ditch
w NuNSt-bOu'oO liGtGlOlDIG OUSutu VI To-
Gated, 10 hape the same right Of action
as to tabor and expense incurred in OPEN
ing aud keeping tho same open, accord
ing TO the benefii each person Interested
therein mdy receive, as is provided for n
the foregoing sections, in cases of The
original opening Of dilches and water,
| courses. -
SE0, 10. That the act entitled fao
aci authorizing he trustees Of townships
10 establish water.courses aud locate dts
ches in certain cases in ibis State,n pass
sed February 81, 1858, be,and the same
is hereby repeated }e
F.G. LIE BLOND, .s
Speaker nfthc House Of REPRESENTATIVES.
ROBERT LEE,
President Of the Senate, pro TEN.
May i, 1854.
!, IonN MoNRoE, Auditor in and for
| D.,no... :.