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


E..4lNA
s.mbly Of Tie STATE Of Ohio. That the tra,-
tees Of townships shall have power, uPoa HP- !
plicaioa Of ths partes,to enter upon any lands
"a their tsunship. 70 view any water course OF
proposed ditch. for the purposs q drainipg the
lands held and Owned By one or more persons;
srd 10 case the parties interested shan be uRs.-
Die 10 agree where said valer-couEsei shah be
located and opened. or unable to agree as 10
the appouiOnmept Of the labor, cost and ex-
psnss that each person interested shall bear
sald trustees shall cause spid water-sourse or
ditch to be located. aad surveyed, Il necessary
.znd shall set apart 70 each person interested ia
said waier-eouFss Or ditch, such portion Of the
same. 70 be by aim oPeled. as shall, By said
trustees. Be deemed jVst and right, according
70 the benefits 10 be derived BY opening OF said
water-courss or ditch. af-a
Src O. That when any persons shall make
application % The trustees as prescribed IN The
foregoing section. such person shall give notice,
il writing. 70 all other persons Interested in the
proposed ditch or water-eourse, which notice
shall be served personally upon said parties,or
bT COPY lefi at The residenceof any sGeh party
atleast three days before the day appointed for
said trpstees 70 meet for the purpose Of making
such examination; and acopy Of said notice, TO-
aether with proof Of service thereof, shalI he
taken bT said trustees as sidence that the same
has been regularly served aRd il any, of, the
parties Aforesaid reside without the State ~
county. Il shall be levfulto give notice BY pub,
licasion in some newspaper Of general eircuias
ton ID thsconnty, as required ia like cases A.
LAVE and said trustees shall have power 10 adj
minisier oaths IN ver6caiQn Of the service Of
notices. s.stI.s ~ ...,.....
SEC. 5. The trustees, 10 locating and estab-
lishing said waser-eoprse or ditch and appor.
tioping the labor thereof shalt cause q meas
uyement to be made Of such portion as they
shall award TO each person, and cause stake
or monument 10 be placed at each boundary
line, for the benefit Of those interested and
shall officially certify to the same which crr'
iihcate shall be 6led by them with the clerk oi
the proper township. within fifteen daysr aftel
said location shall have been made, which sale
clerk shall record the same ip the township rec
ord.
SEc. 4. The trustees, alter having made III
their award and apportionment, shall, within
reasonable time, cause written notice TO b.
served upon each person interested, settn
,forth che amount Of labor and expense to be b.
him or her performed and sn stained, and sha
cause the said labor to be performed within
reasonable time, which time shall be specified
in their said certificate, and cause said ditch 0
Wster-course to be kept open by those interest
ed in the same. according to the award Of tn
trustees or commissioners.
EEc. g. That in all cases where applicable
is made 10 the trustees for locating ditch Q
water course, they shall meet within ten day
after having been duly notified Of the same
for the purpose Of making such examination
aud location; and the trustees or commissio
OF review shall have power, whe
they shall deem il necessary, o take I
their assistance a competent person, who's
duty II shall be to act as clerk, aE
allow him a reasonable compensation for b
services. to DO taxed in the cost bill.
SEe 6. II any Of the persona interested
iths proposed water. course or ditch, shall fail
procure the cutting OF said ditch, or the opei
ing OF said water course, on that section Of II
same assigned by the said trustees to sue
person, at the time and in the manner designs
ted By the said trustees, said trustees sha
cause The same TO be done either by public
private contract oD sucblreasonablc terms as The
are able to procure, and rive 10 the perse
having performed the labor as aforesaid. "a ce
t6cate Of the amount and value Of the abb
50 by him performed, Or caused to be .peforu
ed and the person holding such certificate sha
be authorised after demand and refusaFto pay
20 sue for and recover before any courtof con
petent jurisdiction, the amount OF said eertif
cate, from the person to whom the opening
said ditch or water course was assigned by tn
said trustees, together With - cost Of suit, an
the cost claimed BY the trusVsks for the perfo
nance Of their dpliss, epjoined upon them b
this act aud Rheh execution shall have bee
issued upon any judgment recovered as afor
said. and thesanis shall be returned unsatisiit
in whole or n part. .it shall be the duty OF II
,oour. before whom such judgment was rende
ed. to cause the same 10 BE- certified. with n
cost. and all proceedings in the case, 70 the al
ditor Of the proper county. who shall enter ii
cu the tax duplicate OF said county against II
tract or lot ofIapd benefited by the cutting,
opening OF said di;ch or wateT.course; and II
amount 40 entered. together with the legal il
terest. shall be collected BY the treasurer, II
same as other tases. and when collected shS
be paid over 70 the person or persons INTEREST,"
IN the said judgment Rf0paasd thatif any
the persons interested in the proposed wale
course or ditch, reside out Of the State or cou
W, shall fail TO pay to the person holding suc
certificate, for thirty days aftei the labor sha
have been performed, the person holding d
same may file It with the auditor OF the pro
.er county. who shall levy the sams upon I
tar duplicate. and the same shall be proceed
With, without suit, in all respects rs required
this section Provided. further, that it sh
not be necessary to give any peFson who Is {
aresident OF the county or state. y wrtton !
Tee of The anfount Of labor and exnansa A
from him. as provided for in the third sect
OF this act.
SIC. 7. No ecupty auditor shall be unt
obligation 10 enter the smount mentioned
,,he preceding section. unless The same shall
accompanied by a full and particular descl
ton Of The lot or part OF lot subject to /