The Wyandot pioneer. (Upper Sandusky, Ohio) 1853-1868, 1857-06-11
No. 1121 AN ACT.


To amend an act authorizing Trustees of
of Townships to esta blish Water courses
and locate bitches. in certai. cases,
passed M y l. 1854. u.
SECTION /. BE ii enacted By tie Gene
raj assembly Of the State Of Ohio, That
sections one, nine and thirteen be SO
amended as to read as follows: Section /.
That the township trustees shall have
power, on the application of any party,
to enter upon any land in their township
Ito 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 To-
Gated and set apart to each person inter-
ested in such ditch or water course, such
portion of the same to be by him opened
as shall be deemed right and just, accor-
ding 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 portion of the expenses and
damage hereafter provided for, as accor-
ding to right and justice he ought to pay.
Section 9. 1t shall be the duty of any
person claiming compensation for the ap-
preparation 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 To-
eating said ditch or water course; and
thereupon it shall be the duty of said
township trustees to proceed to estimate
and determine the amount of compensa-
ton to which such claimant will be enti-
tied for the appropriation of his said land,
for the purpose aforesaid; and the
amount of said compensation SO deter
mined upon and awarded to said claim
ant, 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 arethe other ex.
penses and damages, and when collected
shall be paid over to the party entitled
thereto; and should any party in whose
favor compensation is awarded, fee
agrieved thereby, he may within ten days
after making of stsch award, appeal there
from to the probate court of tie proper
county upon the execution and filing with
said probate court of bond, with securi-
ty, to be approved by the Judge thereof,
in the sum of FIVE hundred dollars, con-
ditioned 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 80, 1852, entitled can act to pro-
vide for compensation to owners of private
property appropriated to the use of cor
porations," and the act amendatory
thereto, so far as the same may be appli-
cable; Provided, that if the applicant
shall not, on said trial in the probate
court obtain judgment, exclusive of costs
for greater sum chan the amount awar-
ded him by said township trustees, he
shall pay all costs of said proceeding
Section IS. If shall appear from the
re port of the commissioners of review
that said ditch or water course was prop
erly located and equally awarded in la
bor, expense and damage, by said town
ship trustees, the said ditch or wateI
course shall be cut or opened in said luca
ton, and if from the report of said com
missioners it shall appear that said pro
pc sed ditch or water course was improp
erly located or awarded as to labor, ex
pense or damage. the same shall be Sc
aside or changed and located by said com
inlssioners of review subject to the re
vision of said probate court.
i Sec. 9. That sections one, nine AM
thirteen, to which this is an amendmen
be and the same are hereby repealed.
N. H. VAN WORRIES,
Speaker of the House of Representatives
THOMAS Fl. FORD,
President of the Senate
April Ia, 1857.