The Ashland union. [volume] (Ashland, Ashland County, Ohio) 1854-1868, 1857-05-20
April 10Th, 1857.
AN ACT

TNo. 112 AN ACT
To amend an act authorizing the Trustees of
Townships TO establish Water courses and To-
cate bitches, in certain cases, passed May LIST,
Sec. l.. Be it enacted By the General
assembly Of The State of Ohio, That sec
tons one, nine and thirteen be SO amend
ell as to read as follows Section 1. That
the township trustees shall AVE power, on
the application of any party to enter upon
any land in their township to view any
water course or proposed ditch, for the
purpose of draining any land held by
more than one person, and to cause said
ditch or water course to be located and
set APART to each person interested in snch
ditch or water course, such portion of the
same to be by him opened as shall be
deemed right and Just, according to the
benefit to be derived by such person from
the opening of said ditch or water course;
and also to assess against him. such por-
ton of the expenses and damage hereafter
provided for, as according to light and
justice he ought to pay. Section Q. 1t
shall be the duty of any person claiming
compensation for the appropriation of his
land for the purpose of constructing the
ditch or water course provided for in the
first section of this act, to make such claim
at the time when said trustees shall meet
for the purpose of locating said ditch or
water course and thercupon it shall be
tn, duty of said township trustees to pro-
ceed to estimate and determine the
amount of compensation to which such
claimant will be entitled for the appropri-
alton of his said land, for the purpose
aforesaid; and the amount of said compen-
sation SO determined upon and awarded
to. said claimant, shall be apportioned and
assessed against the parties in said ditch
or water course, as provided in the first
section, and shall be collected as are the
other expenses and damages, and when
collected shall be paid over to the party
entitled thereto: and should any party in
whose favor compensation is awarded, feel
aggrieved thereby, he may within ten
days after making of such award, appeal
thercfrom to the probate court of the
proper county upon the execution and f.
ling with said probate court a bond, with
security, to be approved by the judge
thereof, in the sum of five hundred dol
lars, conditioned to pay all costs that may
be awarded against him, and said cause
shall be tried in said probate court accor-
ding to the provisions of an act passed
April so, 1882, entitled I" an act to pro-
vide for compensation to owners of private
property appropriated to the use of corpo-
rations," and the act ~amendatcry thereto,
so far as the same may be applicable
Provided, that if the appellant shall not,
on said trial In the probate court obtain
judgment, exclusive of costs, for a greater
sun than the amount awarded him by said
township trustees, he shall pay all costs
of proceeding. Sec. ID. If it shall ap-
pear from the report of the commission
ers of review, that said ditch or water
course was properly located and equally
awarded in labor, expense and damage, by
said township trustees, the said ditch or
water course shall be cut or opened in said
and if from the report of said
it shall appears that said pro-
posed ditch or water coure was improperly
or awarded as to labor, expense or
the same shall be set aside or
and located by said commission
RS of review subject to te~ revision of said
court.
SEQ. 9. That sections one, nine and
hirteen, to whibh this is an amendment,
,e and the same are hereby repealed.
NH. VAN WORRIES,
Speaker of the House of Reps.
THOMAS H.FORD, I
President of the Senate. I
Columbus, April IA, 1857.
SECRETARY OF STATES OFFICE,
COLUMBUS, May 20, 1857.
1 hereby Gritty that the foregoing acts