Fremont journal. [volume] (Fremont, Sandusky County [Ohio]) 1853-1866, 1854-06-09

one township, application Shall be made TO the
trustees Of each Of said townships and in such
case maiority Of The trustees Of such town
ships shall be competent TO locate and estab-
lsh the ditch or water.course as afore.
said; Provided always. that no trustee shall
serve in any case wherein he is personally I.
interested Any two trustees may form !
quorum for the transaction Of business; but
should such township be without quorum, il |
shall be lawful for the trustees in any adoin-
ing township to perfufm like duties, with like
powers, as resident trustees Of any such town
ship
Sec. o, Any person who shall suffer
any damage by cutting any ditch or water
course, or throwing up any embankment. or
chargdng any water.course shall be- paid by
those interested in the same n reasonable com
pensaton in money, to be determined accord
ingto the provisions of this act, within thirty
days after such damage shall have been as
certained
Sec. 10. When any rerson shall feel ag.
gricved by the location Of any such tch or
water course, or the award and appointment
of such labor and expense, by the township
trustees. he or she may, within ten days next
ensuing. give notice in written to all other per
sons Interested in the same of his intention
to appeal from the decision of the trustees
as aforesaid. to the probate Judge of the prop
or county, and shall within fifteen days there
after, make application TO said Judge Of pro-
bate. setting forth his or her grievances, and
praying him to appoint commission to re
view the same.
Sec. IL That before any such application
shall be heard by said judge Of probate tie,
persons making the same shall enter into
bonds with two or more sufficient sureter,
in the penal sum of one hundred do|Ials. con
diioned for the payment Of all costs that may
accrue in consequence Of such application for
commiss on and review.
Sec. l2. That when such application shall
be made in accordance with the provisions of
the two proc c.,eding sections, the probate
judge shall appoint commission of three
disinterestpd frceholdcrs of said county, not
residents of the township or townships in
which proposed ditch or water. course, shall
be located, who shall, within --- days
thereafter eqamine and review said proposed
ditch or water.coursc and the land adjacent
thereto, and forthwith make report of their
proceedings. to said probate Judge.
Sec 8. II it shall appear from the report
of the commission of reviews that said ditch
or water.course was properly located, and
equally awarded in labor and expense by said
township trus tees, the said ditch or water
course shall be cut or opened in said location,
and il from the report of sail commission il
shall appear that the said proposed ditch or
| water course, was improperly located, or i'm
properly awarded or apporiioned, either as to
labor, expense or damage, the same shall be
changed and located in such manner as shall
to the said commission be deemed Just
Sec. 4 If the appellant shall fail TO change
the location of said proposed ditch or water
course, or Of the aforesaid awaId labor or ex
nanse. wherein he may be Interested he shall
be ndjudged to pay the cost of the commits
sion Of review, and the cost of court but if
Tie appellant succeed in etfecting the change
as aforesaid, the probate judge shall make
such disposition Of the cost as TO i'm shall be
deemed Just.
| Sec. i5 In case there shall be anv unset.
tied business or contract in the hands of any
trustees or commissioners authorized by the
laws If this State, for the purposes aforesaid,
wherein the labor shall have been partly per,
formed and the cost and expenses not fully
settled, said trustees or commissioners snall
| transfer the same, together with all moneys
thereto belonging ami in their hards, TO the
trustee or trustees of the proper townships,
within sixty days from tho passage of this
act; and the trustees shall take such action
thereon, as they are authorized to take in
other cases
Sec. l6 Trustees or commissioners failing
or neglecting to perform any of the duties
imposed upon them by the provisions of this
! act, shall forfeit and pay fine of Eve dollars,
for every such neglect, to be recovered be-
fore any officer, having competent jurisdiction,
for the benefit of common schools in surh
township, at the suit of any persons feeling
aggrievtd thereby
Sec. II The trust ees and commissioners
Of review shall receive as compensation for
/, their services under this act, one dollar per
J d Y. each, for the time in which they shall be
} employed anG the probate Judge shall receive
r the same fees as for like services in ether
cases.
+ Sec Is. 1t shall be lawful for tie owner or
owners Of any lands in this STATE, wherein
= there shall have been arv ditch ur water
) course heretofore opened or orated, to have
the same right of action as to labor and ex,
r pensc incurred in opening and Keeping the
! same oprr, according to the benefit eaci, per
son interested therein may receive, as /,
r provided for in the fnrcoing sections, in
cas's Of Tie origioa! opening of ditches and wa
/, ter cours &
See 49, The act entitled "an act author
zing the trustees Of townships to establish
waer-courscs and Iocate bitches in certain
{ cases in this State" passed February "a
(; Is 3, be, and the same is hereby repealed.
! Y. e LIE BLOND,
! Speaker of the House Of Reps
n JAMES MYERS,
c President OF the Senate.
i. May lst, 1854.
D SECRETARY OF STATES OFFICE.