Carroll free press. [volume] (Carrollton [Ohio]) 1834-1861, 1854-06-01

provisions Of lis aet within ikiriy days sissr
such 9aulRge shall sc beea Rseesleinea-
sEo,lo. When - perscA shell feel &C.
grisssd by the lOeaten Of sn7 sush ditch. or
Waler-eouFse, or the ward aqi appertiopme1l
Of such hbor and expense, by ths township |
trustees. he or she may, within ten days next
ensuing, giye notice in writing 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 proper |
county. and shall within fifteen days thereafter /
make application to said judge OF probate, Get
ting fortk- his OF her gEieyanees, ahd -Psaying4
him 10 appoint = commission TO review the
sannesI ll ugGgae W .idEanH 8 haH Vrl l
SIC. ~. That before any such application
shall be heard BY the said Judge OF probate.
the persons making the same shall enter into
bonds with two or more sufficient sureliss, in
the penal sum Of ore hundred dollars, con.
diuOned for the payment Of all costs that mag
accrue in consequences Of such application for
q commission Of review. $50 ltas
SRe. l2. That when such application shall
be made in accordance with the provisions OF
the tzto proceeding sections, the probate Judge
NhAts dpNQthb = NoullnlaslOu Ol three
ed ireeholders OF said county, not residents Of
the.township on townships iniwhich such pro-
posedditeh or water course shall be located,
Vho shall within DAYS thereafter, examine
and review said pFnposed bitch or water-course
and the land adjacent thereto. end forthwith
make report Of their proceedings,to to said pro
bate iudge.sg aiEase 81 e igghaa
SEc. IS. II it shall appear from The report
'sof the commission of review, that said ditch or
vatercobrse was properly located aud equally
awarded N labor and expense by said township
trustees. the said ditch or Wster.eourse shall be
cut or opened in said location, and f from lbe
lreport Of said commission it shall appear that
the said proposed ditch or waer-conise was i'm.
properly located, or improperly awarded or ap-
portoned. either assto labor, expense or dam.
ages, the same shall be changed and located in
such manner asshall Lo tbs said commission be
. deemed just, ~, b,..ar s- 5.,f,s.
SIC. IL. II Che appellaLtshall fail to change
2 the location Of said proposed ditch or matters
,eousse, or Of the aforesaid award, labor or ex
pense, wherein he may be interested, he shull
+, be adjudged TO pay the cost OF the commission
I of review, aad the cost OF court; but il the
, appellant succeed in effecting the change as
q Aforesaid, the probate judge snail make such
/ disposition Of the cost as TO him shal! be deem.
ed just. %
p SEC. 10. In case there shall be any unset
a tied business contract in the hands Of any
e trustees ,or commissioners, authorized by the
6 laws Of this State, for the purposes aforesaid
y wherein the labor shall have been partly per
j formed, and the costs and expenses not fully
n .otIaI rntI t,.to ek.t
d transfer the same, together with all moneys
" thereto belonging and in their hands, to the
T. trustee or trustees Of the proper townships
e within sixty days from the passage of this act
and the trustees shall take such action thereon
m rs they are authorized to take in other cases
" SEc. I6. Trustees or commissioners failing
IS or neglecting TO perform any Of the duties i'm
e, posed upon them by the provisions of this act
N shall forfeit and paw fine of FIVE dollars, fo
IN every spch neglect. to be recovered before any
n ,officerAhaving competent jurisdiction, for th'
O benefit Of common schools in such township
se at the suit of any person feeling aggrieve'
ID thereby; nll ataH Aa iaaat. ee ag
lis SEC. II. The trustees and commissioners Q
review shall receive as compensation for thei
IN services under this act one dollar per day eac
In tOT tnc ttlHe W WuiCu tney sHdll Ue StHplONeu
\. aud the probate judge shall receive the sam
be fees for like services in other cases,
mi SEC. ls. II shall be lawful for the owner
j. of any land in this State, wherein there shal
N have been any ditch or water course heretoor
u opened or located, to have the same right .
a. action as to labor and expenseincurred in open
n ing and keeping the same open, according {
~ the benefit each person Interested therein ma
or receive, as is provided for in the foregoing sec
= tions, in cases of the original opening Of ditch
n es and water courses. taH 2f aEiE not
vi SEc.gl9, The act entitled ian act autAori
I, zing the trustees Of townships to establish wa
ter-courses aud locate ditcnes in. certain case
Of in this State, passed February 2l 1858, be
" and the same is hereby repealed. 'a
,d tla.5 sa +, o. LEBL0ND,
r.. Speaker Of the House Of representatives.
10 ROBERT LEE.
n President Of the Senate, pro tem
=. May LIST, 1864. 'sa3