The Wyandot pioneer. (Upper Sandusky, Ohio) 1853-1868, 1854-05-25

cu JOIHilS tOHuSAip, w Pei iA~a-i AO
with like powers, as resident trustees o1
any such township.
Sec. 8. Any person who shall suffer
any damage by cutting any ditch or water
course, or throwing up any embankment,
or changing any water-course, shall be
paid bv those interested in the same, q
reasonable compensation in money, to be
determined according to the provisions o.
this act, within thirty days after such dam:
age shall have been ascertained.
Sec. 10. When any person shall fee
aggrieved by the location of any such
ditch, or water-course, or the award and
apportionment of such labor and expense
by the township trustees, he or she may,
within ten days next ensuing, give notice
in writing to all other persons interested
in the same, of his intention toappeal from
the decision of the trustees as aforesaid.
to the probate Judge of the properScoun-
ty, and shall within fifteen days thereaf-
ter, make application to said judge oi
probate, setting forth his or her grievances
and praying him to appoint commission
to review the same.
Sec. 1. That before any such appll'
cation shall be heard by the Judge of pro
bate, the persons making the same shall
enter into bonds with two or more sufi-
cient sureties, in the penal sum of one
hundred dollars, conditioned for the pay.
ment of all costs that may accrue in con
sequence of such application for com
mission of review.
Sec. 12. That when such application
shall be made in accordance with the pro
visions of the two preceding sections, the
probate Judge shall appoint commission
of three disinterested trceEolders of said
county. not residents of tic township OIL
townships in which such proposed ditch
or water-course shall be located, who
shall within days thereafter, exam.
inc and review said proposed ditch or wa.
ter-course, and the land adjacent thereto
and forthwith make report of their pro
ceedings, to said probate Judge.
Sec. 13. If it shall appear from the
report of the commission of review, tina
said ditch or water course was properly
located, and equally awarded in labor anc
expense by said township trustees, The
said ditch or water-course shall be cut Oh
opened in said location, and if from the
report of said commission it shall appear
that the said proposed ditch or water
course was improperly located, or impor
perly awarded or apportioned, either a:
to labor, expense or damage, the same
shall be changed and located in such man
ner as shall to the said commission be
deemed just.
Sec. Ia. If the appellant shall fail tc
change the location of said proposed ditch
or water-course, or of the aforesaid aware
labor or expense, wherein he may be in
terested, he shall be adjudged to pay the
cost of the commission Of review, and the
cost of court; but if the appellant succeed
in effecting 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
unsettled edbusiness or contract in the hands
of any trustees or commissioners, author
lied by the laws of this State, for The
purposes aforesaid, wherein the labor
shall have been partly performed, anc
the costs and expenses not fully settled
said trustees or commissioners shall trans
fer the same, together with all moneys
thereto belonging and in their hands, to
the trustee or trustees of the proper town
ships, within sixty days from the passage
of this act; and the trustees shall take
such action thereon, as they are authoriz
ed to take in other cases.
Sec. 16. Trustees or commissioners
failing or neglectihg to perform any Of
the duties imposed upon them by the pro
visions of this act, shall forfeit and pay &
fine of five dollars, for every such neglee
to be recovered before any officer, having
competent jurisdiction, for the benefit 0
common schools in such township, at the
suit of any person feeling aggrieved there
by.
Sec II. The trustees and commission.
ers of review shall receive as eompensa
ton for their services under this act, one
dollar per day each, for the time in which
they shall be employed, and the probate
Judge shall receive the same fees as fol
like services in other cases.
Sec. 18. 1t shall be lawful for the own
er or owners of any lands in this State
wherein there shall have been any ditcl
or water course heretofore opened or 10
Gated, to have the same right Of action a!
to labor and expense incurred in opening
and keeping the same open, according tt
the benefit each person interested thereir
may receive, as provided for in the fore
going sections, in cases of the origina
opening of bitches and water courses.
Sec. 49, The act entitled can act au
thorizing the trustees Of townships to es
tablish water-courses and locate ditche.
in certain cases in this State," passed Feb
ruary "a, 1853, be and the same is here
by repealed.
F. G. LEBLOND,
Speaker of the House of Representatives
ROBERT LEE,
President of the Senate, pro tenn.
May 1, 1854.
SECRETARY of STATES OFFICE,
Columbus dDrI 10. 1854.