The Cadiz Democratic sentinel. [volume] (Cadiz, Ohio) 1854-1864, 1857-05-14

1TuSleeS snail nave power, on tne appncatlOn
OF any party, TO enter upon any land in their
township to view any water course or propo-
sed 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 expenses 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 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
thereupon it shall be the dutyof said town
ship trustees to proceed to estimate and de-
termine the amount of compensation to which
such claimant will be entitled for the appro-
priation Of his said land, for the purpose aiofe-
SAID; and the amount Of said compensation so
determined upon and awarded to said clai-
mant, shall be apportioned and assessed a.
| Shtiiob tilc JdIbGo III ndlu NdlCI
as provided in the first section, aad shall be
collected as are the other expenses and dam
ages, and when collected shall be paid over to
the party entitled thereto; and should any
party in whose favor compensation is award
ed, feel aegrieved thereby, lie may within ten
days after making of such award, appeal
theretrom to the probate court of the proper
county upon the execution and filing with
4oFA 1~,,l L
to be approved by the judge thereof in the
sum of five hundred dollars, conditioned to
| pay all costs that may be awarded against
him, and said cause shall be tried in said pro-
bate court according to the provisions Of an
act passed April 30, 1852, entited"an act to
prov de for compensation to owners of private
! property, appropriated the use of corpora
tions, +" and the act amendatory thereto, so
far as the same may be applicable Provided,
that if the appellant shall not, on said trial in
he probate court obtain Judgment, exclusive
of costs, for greater sum than the amount
awarded him by said township trustees, he
shall pay all costs Of said proceeding Sec
13. FIT shall appear from the report of the
commissioners Of review, that said ditch or
water course was properly located and equal
~ awarded in labor, expense and damage, by
said township trustees, the said ditch or wa
ter course shall be cut or opened in said loca-
tiOn, and if from the report Of said commits
sion it shall appear that said proposed ditch
or water course was improperly located or
awarded as TO labor, expense or damage, the
same shall be set aside or changed aAd loca-
ted by said commissioners of review subject
to the revision of said probate court.
Sec. 2. That sections one, nine and thir-
teen, to which this is an amendment be and
the same are hereby repealed
N. H. VAN WORRIES,
Speaker of the Houseof Representatives,
THOMAS H. FORD,
President of the Senate.
April II, 1857 ~ T. 5a
No. 1TS. AN ACT, &.2r
To provide for the more adequate punishment
of the crime of maliciously killing and in
juring horses and other animals.
SECTION l. Be it enacted by The GtneYR As
Semby OF the State Of Ohio, That if any per-
son or persons shall wilfully and maliciously
kill or destroy any horse, mare, foal, fIley,
mule, ass, sheep goat, COW, OK, steer, bull,
heifer, or swine, the property of another or
others, oil the value of thirty five dollars, or
upwards, or shall wifully and maciously in
jure any such animal or animals, the proper
ty of another or others, to the amount OF thir-
ty-fve dollars or upwards, the person or per-
sons so offending shall be deemed guilty of
misdemeanor, ard upon conviction thereof
shall be imprisoned in the penitentiary and
kept at hard labor not more than three years,
nor less than one year. # aat ae 3f'
SEC. Q. That if any person or persons shall
wilfully and malicously kill or destroy any
horse mare, foal, flly, mule ass, sheep goat,
cow, OK, steer, bull, heifer or swine, the prop
erty Of another, or others, of less value than
thirty five dollars or shall wiliully and mali
ciously injure any such animal or animals,
the property of another OF others, to an a.
less than thirty five dollars, such per- ~
son or persons shall upon conviction thereof
be fined in any sum not more than two hun.
died dollars, nor less than five dollars, or i'm.
prlsonment in the Jail Of the county not ex-
ceedrg three months, or both fine andtim 81,
prisoned as aforesaid, at the discretion Of the p
court. a7 Er, u .saaa "a iiaae5 8T
StC.3 Notbingin this act shall be con-
strut d to ext nj to any person who shall k j
OF injure any OF the before mentioned animals
trt p ssing in his or her ir closure, nor to any
pers on causing any such injury in endeavor-
ing te prevent any such animal from commit
ting o tresspass, norto any person who shall
injure any such animal that has tresspassed
uron such person or his property while such
person is endeavoring to compel such animal
or animas 10 leave his premises, or driving
such animal or animals away from the same.
Sea- All offences under this act shall be
in the same manner as is or may e
be provided BY law fol the pro eeution of Of
fences of the same grade in the different coun-
ties in this State. se5. Sass ,a.l5s - 3edf
SEC 5. That section thirty-seyen of an
act for the nishment Of offences therein ma 3
med, be and the me is hereby repealed:
Provided that no prosecutions under said act q
shall be abated by this repeal, but shall pro-
ceed the same as if this act were not passed z
.aei h ~. N. Ii. VAN WORRIES, gli15a6
Speaker of the House of Representatives. ac
: 4-ss THOMAS Ii. FORD, a
as! President of the Senate. ls
April 15 1857.
,H.s M affzsga zsi
No, 1923. agl AN ACT, m 2 loa 4
IN addition to the acts now in force to pre.J7l.
: vent nuisances. Cst