Plymouth advertiser. [volume] (Plymouth, Ohio) 1853-1988, 1854-08-12
Laws OF Ohio.
PUBLISHED BY AUTHORITY.
AN ACT

AN ACT
Authorising the Trustees of Townships to es-
tablish Water-courses, and locate bitches, in
certain cases.
SEC. /. BE 1t enacted By the General assembly
Of the Stateof Chto:
That the trustees of townships shall have pow
er, upon application of the parties, to enter up
ON any lands in their township, to view any wa
ter course or proposed ditch, for the purpose
of draining the lands held and owned bv one
or more persons; and in case the parties inter-
ested shall be unable to agree where said wa
ter course shall be located and opened. or una
BILE to agree as to the apportionmcnt of the la
Dor, cost and expense that each person interest,"
cd shall bear, said trustees shall cause said wa
ter-course or ditch to be located, and SURVEYED.
II necessary, and shall set apart to each person
interested IN said water-courso 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 benefits to be derived by OPEN
ing Of said water-course or ditch
SEC. :. That when any person shall make
application to the trustees as prescribed in the
foregoing section, such person shall notice,
Ill writing to all other persons interested in the
proposed ditch or water-course, which notice
shall be served personally upon said parties, or
by copy left at the residence of any such party,
at least three days before the day appointed for
SAID trustees to meet for the purpose of making
such examinations and copy of said notice to-
gether with proof Of service thereof shall be
taken by all said trustees as evidence that the
same had been regularly served; and if any of
theupartes aforesaid reside without the State or
county, it shall be lawful to give notice by pub
llcatlon i'll some newspaper of general circula-
ton in the county, as required in like cases ut
law; and said trustees shall have power to ad-
minister oaths in verihcatOn of the service Of
notices.
SEC. .. The trustees, in locating and cstab-
llshlng said watcr-course, or ditch, and appor-
tonlng the labor thereof, shall cause Il measure
ment to be made of such portion as they shall
award to each person, and cause a stake or mon
ument to be placed at each boundary line, for
the benefit of those interested and shall official
~ certify to the same which certificate shall
be filed by them with the clerk of the proper
township, within fifteen days after said location
shall have been made, which said clerk shall
record the same i'll the township record
SEC. 4. The trustees, after having made up
their award and apportionment shall, withina
reasonable time, cause written notice to be
served upon each person Interested, setting
forth the amount Of labor and expense to be by
him or her performed and sustained, and shall
cause the same labor to be performed within
reasonable time, which time shall be specified
i'll their said certificate, and cause said ditch or
water-course to be kept open by those interest
ed in the same, according to the award Of the
trustees or commissioners.
SEC. 5. That in all cases where application
is made to the trustees for locating a ditch or
watcr-course, they shall meet within ten days
after having been duly notified Of the same, for
the purpose Of making such examination and To-
cation; and the trustees or commission Of re-
.I,,ll tbc,-. 1,,,1
necessary, to take to their assistance a compe-
tent person, whose duty it shall be to act as
clerk, and allow him 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 or ditch, shall fail to
procure the cutting of said ditch, or the open
ing of said water-course, on that section OF the
same assigned by the said trustees to such per-
son, 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 to give to the person having
performed the labor as aforesaid. Il certificate Of
the amount and value of tho labor so by him
performed, or cause to be performed; and the
person holding such certificate shall be author
ised, after demand and refusal to pay, to sue for
and recover before any court of competent ju-
the person to whom the opening of said ditch
or water-eourse was assigned by 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;
and when execution shall have been issued upon
any Judgment recovered as aforesaid, and the
same shall be returned unsatisfed, in whole or
in part, it 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 i'll the case, to the auditor of the
proper county, who shall enter the same upon
the tax duplicate of said county, against the
tract or lot of land benefited by the cutting or
opening of said ditch or water-course; and the
amount so entered together with the legal in
terest, shall be collected by the treasurer, the
same as other taxes; and when collected, shall
be paid over to the person or persons interested
in the Judgment; Provided, That if any of the
persons interested in the proposed water-course
or ditch, reside out of the State county, shall
pay to The person holding such certificate, for
thirty days after the labor shall have been per-
formed, the person holding 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 respects as required in this section; Provi-
ded, further, that it shall be necessary to give
any person who Is not q resident Of the county
or state, written notice of the amount of labor
and expense due from him, as provided for in
third section of this act .l..
SEC. T. No county auditor shall be under
obligation to enter the amount mentioned in the
preceding section unless the same shall be ac-
companied by full and particular description
of the lot or part of lot subject to the amount
claimed as aforesaid. ,.-. s,7
Sec. 8. In all cases when any proposed ditch
or water-course shall be in more than one town
ship, application shall be made to the trustees Of
each of said townships, and in such case a
majority of the trustees of such townships shall
be competent to locate and establish the ditch
or water-eourse, as aforesaid; Provided, always,
that no trustee shall serve in any case wherein
he Ia personally interested Any two trustees
:AhGu form quorum for the transaction of bu-
tness. hut should said townships be without q
, morum.;t .-''all be lawful for the trustees in
any adjoining tow. ,-.ship, to perform like duties