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

but should said townships be without a quo
rum, it shall be lawful for the trustees in any
Iadjoining township, to perform like duties
with like powers, as resident trustees of anv
lsuch township.
Sec. 8. Any person who shall suffer anv
damage by cutting any ditch or water
course, or throwing up any embankment. or
changing any water course, shall be paid BY
those interested in the same, reasonable
compensation in money, to be determined
according to the provisions of this act. with
in thirty days after such damage shall have
baeen ascertained.
Sec. 10. When any person shall feel ag-
lgrieved by the location of any such ditch or
water course, or the award and apportion
ment of such labor and expense, bv the
township trustees, he or sha may, within
ten days next ensuing give notice in writ
ing TO all other persons interested in the
same, of his intention to appeal from the
decision of the trustees as aforesaid. to the
probate Judge of the proper county, and shall
within fifteen days thereafter, make appli-
cation TO said judge of probate, setting forth
his or her grievances, and praying him to ap-
point commission to review the same
Sec. IL. That before any such applica-
| ton shall be heard By the said Judge Of pro-
bate, the persons making the same shall enter
into bonds with two or more sufficient sure
ties, in the penal sum of one hundred dol
lars, conditioned for the payment Of all
costs that may accrue in consequence of
such application for a commission Of re-
view.
| Sec. IL. That when such application
shall be made in accordance with the
provisions of the two preceding sections.
the probate judge shall appoint com
mission of three disinteres,ed freeholders
| of said county. not residents of the town
! ship or townships in which such pro
posed ditch or water-course shall be To-
Gated, who shall. within days thereafter,
examine and review said proposed ditch or
lwater-courSe, and the land adjacent thereto.
and forthwith make report of their pro-
ceedings, to said probate Judge.
Sec. l3. If it shall appear from the re-
port OF the commission of review. that
said ditch or water course was properly To-
Gated, and equally awarded in labor and ey.
Ipense by said township trustees, the said
ditch or water-course shall be cut or opened
| in said location, and if from the report of
Isald commission 1t shall appear that the
said proposed ditch or water-courSe was
Improperly located, or improperly awarded
III dpppl tllileI dS 10 ldDOr, expense
damage, the same shall be changed and 10.
Gated in such manner as shall to the said
commission be deemed Just.
Sec. ii. If the appellant shall fail to
change the location of said proposed ditch
or watercourse, or of the aforesaid award.
labor or expense, wherein he may be inter.
ested he shall be adjudged to pay the cost
of the commission of review, and the cost
of court; but if the appellant succeed in
efecting the change as aforesaid the probate
Judge shall make such disposition of the
cost as to him shall be deemed just.
Sec Is. In case there shall be any unset
tied business or contract in the hands of any
trustees or commissioners, authorized by the
laws of this State, for the purposes aforesaid,
wherein the labor shall have been partly per
formed, and the costs and expenses not fully
settled, said trustees or commissioners shall
transfer the same, together with all moneys
thereto belonging and in their hands to the
trustee or trustees of the proper townships.
within sixty days from the 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 fail
ing or neglectng to perform any of the du-
ties imposed upon them by the provisions of
this act, shall forfeit and pay fine of five
ri oil love IOr Il,