The Wyandot pioneer. (Upper Sandusky, Ohio) 1853-1868, 1854-05-25
LAW s OF EIO.
PUBLISHED BY AUTHORITY.
[a2l
AN ACT

~
to establish Water-courses, and locate
bitches, in certain cases.
Sec. L. BE IL enacted By the General As
semtly of the State Of Ohio, That the
trustees Of townships shall have power,
upon application of the parties, to enter
upon any lands in their township, to view
any water-course or proposed ditch, for
the purpose of draining the lands held
and owned by one or more persons; and
in case the parties Interested shall be un-
able to agree where said water-course
shall be located and opened, or unable to
agree as to the apportionment of the labor,
cost and expense that each person inter-
ested shall bear, said trustees shall cause
said water-course or ditch to be located,
and surveyed, if necessary, and shall set
apart to each person interested in said wa
ter-course or ditch, such portion of the
same, to be by him opened, as shall, by
said trustees, be deemed just and right,
according to the benefits to be derived by
opening of said wa:cr-course or ditch.
Sec. 2. That when any person shall
make application to the trustees as pre-
scribed in the foregoing section, such per-
son shall give notice, in writing, to all
other persons interested in the proposed
ditch or water-course, which notice shall
be served personally upon said parties, or
by copy left at the residence of an such
party, at least three days before the day
appointed for said trustees to meet for the
purpose Of making such examination; and
a copy of said notice, together with proof
Of service thereof, shall be taken by said
trustees as evidence that the same has
been regularly served; and if any of the
parties aforesaid reside without the State
or county, it shall be lawfull to give no.
tice by publication in some newspaper of
general circulation in the county, as re
1uired in like cases at law; and said trus-
tees shall have power TO administer oaths
in verifcation Of the service of notices.
Sec 3. The trustees, in locating and
establishing said water-course or ditch,
and apportioning the labor thereof, shall
cause a measurement to be made of such
portion as they shall award to each per-
son, and cause stake or monument to
be placed at each boundary line, for the
benefit of those interested, and shall Off
cially certify to the same, which certificate
shall be filed by them with the clerk of the
proper township, within fifteen days after
said location shall have been made, which
said clerk shall record the same in the
township record.
Sec a. The trustees, after having made
up their award and pportionment, shall,
within reasonable time, cause written
notice to be served upon each person in
terested, setting forth the amount of labor
and expense to be by him or her perform
cd and sustained, and shall cause the said
labor to be performed within reasonable
time, which time shallbe specified in their
said certificate, and cause said ditch or
water-course to be kept open by those in
terested in the same, according to the
award of the trustees or commissioners.
Sec. 5. That in all cases where appi-
cation is made to the trustees for locating
q ditch or water-course. they shall meet
within ten days after having been duly
notified of the same, for the purpose of
making such examination and location;
and the trustees or commission Of review
shall have power, when they shall deem
it necessary, to take to their assistance a
competent person, whose duty it shall be
to act as clerk, and allow him reason
able compensation for his services, to be
taxed in the cost bill.
Sec. 6. If any of the persons interest
ed in the proposed water-course or ditch,
shall fail to procure the cutting of said
ditch or the opening of said water-course
on that section of the same assigned by
the said trustees to such person, at the
time and in the manner designated by the
said trustees, said trustees shall cause the
same to be done either by public or pri-
vate contract, on such reasonable terms
as they are able to procure, and give to
the person having performed the labor
aforesaid, aeertifcate of the amount and
value of the labor SO by him performed,
or caused to be performed, and the per-
son holding such certificate shall be au-
thorized, after demand and refusal to
pay, to sue for and recover before any
court ofcompetentjurisdiction, the amount
of said certificate, from the person to whom
the opening OF said ditch or water-course
was assigned by the said trustees, togeth-
er with thecost of suit, and the cost claim
ed by the trustees for the performance OF
their duties, enjoined upon them by this
act; and when execution shall have been
issued upon any judgment recovered as
aforesaid, and the same shall be returned
unsatisfed, in the whole or in part, it shall
be tho duty of the court before whom
such Judgment was rendered, to cause
the same to be certified, with the cost, and
all proceedings in the case, to the auditor
of the proper county, who shall enter the
same upon the tax duplicate of said coun-
ty, against the tract or lot of land bene-
fited by the cutting or opening of said
ditch or water-course; and the amount sc
entered. together with the legal interest
shall be collected by the treasurer, the
same as other taxes & when collected shall
be paid over to the person or persons in
terested in said judgment; Provided, thai
if any Of the persons interested in the
proposed water-course or ditch, reside ou
of the State or county, shall fail to pay
to the person holding such certificate, fol
thirty DAYS after the labor shall have beer
performed, the person holding the same
may file it with the auditor of the prope
county, who shall levy the same upon th'
tax duplicate, and the same shall be pro
ceeded with, without suit, in all respect
as required in this section; Provided, fur