Fremont journal. [volume] (Fremont, Sandusky County [Ohio]) 1853-1866, 1857-05-22
AN ACT

No ll2. AN ACT
To amend an act authorizing the Trustees of
Townships to establish Water courses and
locate bitches, in certain cases, passed
May /, 1854.
SECTION l. Be 1t enactec by tie Gen.
erdl assembly of The State Of Ohio,
That sections one, nine, and thirteen
bo so amended as to read as follows: =
Section l. That the township trustees shall
have 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 such 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 portion of the ex-
pen es and damage hereafter provided for,
as according to right and justice he ought
to pay. Section 8. 1t shall be the duty of
any person claiming compensation for tho
appropriation of his land for the purpose of
constructing the ditch or water course provi-
ded for in the first section of this act, 10
make such claim at the time when said trrs-
tees shall meet for the purpose of locating
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 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 as
Isessed against the parties in said ditch or
water course, as provided in the first section,
and shall be collected rs arc the other cx-
peDses and damages, and when collected
shall be paid over to the party entitled
thereto; and should any party in whose fa-
vor compensation is awarded, feel agrieved
thereby, he may within ten day after max
ing Of such award, appeal therefrom to the
probate court of the proper county upon the
execution and filing with said probate court
of bond, with security, to be approved by
the Judge thereof in the sum of five hun
dred dollars, conditioned to pay all costs
that may be awarded against him, and
said cause shall be tried in said probate
court according to the provisions Of an act
passed April 80, 1852, entitled "an act to
providc for compensation to owners of pri-
vatc property appropriated to the use of cor
porations," and the act amendatofy thereto
SO far as the same may be applicable: Pro
Ivided, that if the appellant shall not said
trial in the probate court obtain Judgment
exclusive of costs, for greater sum than the
|amount awarded him bysaid township trus
teos, ho shall pay all costs of said proceed
Iings. Sec. IS. If it shall appear from the
report of tho commissioners Of review, that
said ditch or water course was properly 10.
Gated and equally awarded in labor, expense
and damage, by said township trustees, the
said ditch OF water course shall be cut OF
Iopened in said location, and If from the re
port of said commission it shall appear tha
lsaid proposed ditch or water course was i'm
lproperly located or awarded as to labor, ex
pense or damage, the sarhe shall be set asid
or changed and located by said commission
ners Of review subject to the revision ofsai
probate court.
SEC. 2. That sections one, nine and thir
I teen, 10 which this is an amendment be am
. the same are hereby repealed.
t N. II. VAN WORRIES,
, Speaker Of tho House Of Representatives.
!, THOMAS II. FORD,
i President Of the Senate.
; April IA, 1857. F
! No. 14.] AN ACT ~ p
! 10 prevent the spread Of disease anon
Sheep.