Fremont journal. [volume] (Fremont, Sandusky County [Ohio]) 1853-1866, 1854-06-09
President Of the Sena
April 90. 1854.

ts2l AN ACT
Authorizing the Tustces Of townships to
establish water. curses and locate bitches,
in certain cases.
Sec l.. Be il enacted 6y the General As.
sembly of the State Of Ohio That the trust
ees oftownships shall have power, upon ap-
plication of the parties. to enter upon any
lands in their township. TO view any water
course or purposed ditch, for the purpose OF
draining the lands held and owned bv one or
more persons; and in case the parties inter
cstpd shall be unable TO agree where said
watcr.course shall be located and opened. or
unable 10 agree as to the apportionment of
labor cost and expense that each person in
terested shall bear, sal trustees shall cause
such waite, course or ditch TO be located and
Surveyed, if necessary, and shall set apnrt 10
each person interested in said water-coursp or
ditch, or such portion Of the same to be by
| him opened. rs shall by said trustees, be
deemed just and right, according TO the ben
efits to be derived by opening OF said waller
course or ditch.
| Sec. 9. That when any person shall make
application TO the trustees as prescribed in the
foregoing section such person shall give
notice in writing to all other persons interest
ed in the proposed ditch or water-course whirh
notice shall be served personally upon sal
parties. or By copy left at the residence oi
any such party at least three days before the
day appointed for said trustees to meet foI
the purpose Of making such examination, and
copy Of said notice, together with proof OF
service thereof, shall be taken by said trus'
tees MS evidence that the same has been
regularly served and if any of the parties
aforesaid reside out of the State or county, it
shall be lawful to give notice by publication
in some newspaper of general circulation in
the county, as required in like cases at law
and said trustees shall have power 10 admin
lister oatls n verifcalion of the service oil
notices
Sec 3, The trustees, in locating and es-
tablishing said watrr.course or ditch, and ap-
poroning the labor thereof shall cause a
measurement to be made of such portion as
they shall award % each person. and cause 9
stake or monument to be placed AT each boun
Diary lihe, for the benefit of those interested
and shall officially certify to the same; which
certificate shall be filed by them with thu
clerk of the proper township with fifteen days
after said location shall have been made which
said clerk shall record the same in the town
ship record.
Sec. a. The trustees, after having made
up their award and apportionment, shall
within a reasonable time. cause written no
tice to be served upon each person interested
setting forth the amount OF labor and expense
to be by him or her performed and sustained
md chan o,usa ha said luhor ~ ha nprf,r m
ed within reasonable time. which time shal
be specified in their said certificate, and cause
said ditch or water course TO be keep open by
those interested in the same, according 10 the
award of the trustees or commissioners.
! Sec. 5 That all cases where application
is made to the trustees for locating a ditcl
or water course, they shall meet within Ter
days after having been duly notified of the
same. for the purpose ofmaking such exam
ination and location; and the trustees or com
mission of review shall have power whel
they shall deem it necessary, 10 take TO thei
assistance n competent person, whose duty i
shall be to act as clerk. and allow him r ason
able compensation for his service to be taxed
in the cost bill.
Sec. G. II any Of the persons interested
in the pro, osed water-course or ditch, shal
fail to procure the cutting of said ditch, or thu
: opening of said water course, on that section
, of the sare assigned by the said trustees Il
such person, at the time and in The manne
designated by the said trustees, said trustee
shl cause the same to 20 DC done either b,
: pubic or ptivate contract, on such reasonable
2 terms as they arc able to procure. and gv'
/. 10 the person having performed the labor H
, aforesaid, a certificate Of the amount AM
value of the labor so BY h m performed; o
: caused TO be performed; and the perso
, huIdlng such certificate shall be authorized
after demand and refucal To pay, to sue f.
and rec 'yrr before any cour, Of c9mpcl"n
| jurisdiction, the amount of such certificate
fro n the person TO whom said ditch or water
course was assigned by the said trustees 10
gelher with the cost of suit, and The cost claim
I'd by the trustees for the performance Q
/ their duties, enjnined upon them by ills act
and When execution shall have been issue
upon and judgement recovered as aforesaid
fnG the snme shall be returned unsatlsied, i
whole OF in psrt, it shall be the duty Of tn
! court be ore whom snch judgement was rer
I dered to cause the same 10 be certified wit
the cost, and all proceedings in the cause t
: ihe audnor Of the proper county, who sha
r enter ihe snme upon the tax dublicate of sal
county, against the tract or iol of land bent
5 fil-ed by the cutting rr opening Of said ditc
2 or water course; aud the amount so eniere,
+ Together with the legal interest, shall be co
! leeied by the treasurer. the same as othe
taxes and when collected shall be paid owe
; 20 The person or persons Interested ~ the sui