The Perrysburg journal. [volume] (Perrysburg, Ohio) 1853-1861, 1858-04-08

legislature bill designed to meet the wants Of our
counyin eTtcting a complete anl systematic drain
age OF its lands rne present law has proved ineIi
cient, being truthful source Of ucighborhood cou-
tenton and expensive litigation, This bill which
We copy below, puts tho construction OF bitches
upon basis similar 10 that by which county
roads are made leaves little opportunity for COM
plant aud no iuduccment for litigation. We hope
il will become law
! BILL
To provide for Locating Establishing and Con-
! sTuctng Ditchos. Drans and Nateroourses
Section 1. BeH enacted by the Geisrai AsseH,biy Of
the STATE GG Oh'o lhit the county commissioners of
any county >hl have power as any regular GU,
whenever, in their opinion the pble interest mS re-
qure IT, TO cause to bc established, located aud
structed, rs hereinafter provided, any uitch drain
watCrgourse within such county, aud to apart 10
each person ownnl land adjacent to the line of such
ditch, drain NaercOnrsc when such land is, In their
opinion directly beneftted by ths thereof
such portion 81 the same he by him constructed
shall be deemed right aud just in proportion to the
Osheut thtreuN colutrfed ana also to against
him such portion ut the expense aud damages hereat
ter provided Tor as, according to right and Justice
proportion to the benefit derived, he ought 10 pay
SBC. =. That before the county commissioners OF
any county shall take any steps towards locating
establishing any ditch, drain or watercoarse there
shall he tled with the county aNditor petition
one or more persons owning lands adjacent to the line
OF such proposed dicth drain watercourse setting
forth the necessity or thu slmc, with description Of
Its proposed starting point, route and terminus, and
saali, al the same time, e bOud conditioned to pay
all expenses incurred in case the commissioners shah
refuse to grant the prayer of tie Il ion, and IL shall
be the dny OF the county auditor inme iately there
Nlter to nlCe correct copy of said petition IN thr
hands of the county survevor who shall tneraupon
proceed TO make an accurate survey of the route of
such proposed ditch dra wat recourse aud on the
completion thereof shall return plat of the to
said county auditor and shall also forth in his
turn description of tho proposed route its availa
bIity and necessity, with description of each sepd-
rate tract oi land through which the Sauais proposed
TO he located, how it Nil be affected thereby and its
situation and level as compared with that OF djou.
ing lands tOgCth with such other facts as he MAY
deem material 1t shall be the duty OF the county
auditor, Immediately said report being filed. to
cause notice in writing to be gvcu 10 the owner
one OF the owners of each tract ufnd along the route
OF such proposed ditch. drain or waercoursc, o the
pendenc! AMI prayer said petition, and of the time
of the county oon nisionera at which the will he
heArG, NhiCh uouGc snail be served at least ten days
prior to sid session, and affidavit of said service
hlcd with the county auditor and in ease any such
owner Is not resident of the county then notice OF
the pehlency and PRAYER of said petition, aud the
time OF hearing the same shall he given to such
er, by publication for two consecutive weeks in
newspaper published Or in generd circulation in said
count
SEC 3. That said county commissioners at their
regular session, during which said petition has brcn
set for hearing, sha If they lad the requirements of
the preceding section to have been fully complied
wih prnceed to hear and determine sale petition and
If they find such ditch drain watcrcourse to he
Locate and establish the in accordance with the
route specified in the pla and return of said county
surveyor, and shall apporon to the owner or owners
OF each tract OF land adjoining such ditch, drain
watercourse and which il droctly benefited thereby
specific portion Of The same TO be designated by
motcs and bounds to be by such owner owners con
structed, which apportionnent shall be mids in pro
portion to the benefit thereby accruing to the land of
which such person is the owner, and shall also pre-
scribe the time wihn which the work apportioncd
shall be completed an shall also assess against ich
To he al in
the same manner of the costs, expenses and damages,
| and the entry of the said apporonment both as to
labor and time OF performances well the assess
/ ment for costs expenses and damages shall be held
aud taken as sufficient notice to persons interested
therein, from the time oil making such entry und no
i other or further notice shall be required.
i SEC 4. II shall be the duty of the county surveyor
Immediately on tho expiration of the time limited tor
tue performance of the aber specified in the forego
ing section to examine the entire line Of said ditch
drain or "Atercourse, an to ascertain and report
the county auditor the condition Of said work to geth
er with the names of those who have completed the
work apporioned to them, nfull compliance with tho
d terms aud requirements of said apportionmcnt and
shall shall also report the sections and the names Of
those TO wnom appOrtioned, when the work has only
partially been completed, with the amount of work
remaining TO be done in each such section, also those
sections ana the names of those TO whom npportoned
when no work has been performed, mud 1T sha he the
duty OF the county auditor receiving said report
after giving at least twenty days. notice of the time
and place o letting and the kind ana amount of wOrb
10 be done in some newspaper published in gener
t4e work remaining to DC done under the apportion
ment in each section. tothe lowest bidder therefor
limiting the time of the performance OF such work
sixty days from the time OF such letting, and The per.
son persons taking such work at such letting shall
on tho conpletion thereof to the satisfaction OF the
county surveyor receive from the county auditor u
certificate setting forth the amount Of labor perform
co. It's value AZ the price at which IL was takcn the
name of tho pelsoh for whose benefit tic same was
peTorlned ani The land, for the benefit OF which the
appOrtionment to such person was IN le and il the
person tor whose beneit said labor was perfer,nc! e
resident OF tue county then the holder of sac GER
thcae or his assignee my bring suit against him in
tue court of common please of the proper county set.
hS iorth n; psr!orin1ncoOt OF said labor I'm Ter said
let.ng, tue anIlns thereof aud claiming IN gnlsnt
sor sicl aNounh and in defaplt Of paymenJ thsrsfor
an order OF sale Of the land Described in the petition
ton aud the sans veIii:ation shall be altlcnel to
SAID petition AMI the same proceedings had there on
as CiH Ic,Onsundor the code of civil procedure
and the only defence allowed to up to said ao-
ton shall he that The labor perfortled or that
the letjng was the result of fraudulent combination
or collusion and in the party for whom said Ia,
! Dor was performed is not resident OF the county
chen the party holdings certificate or his assigned
may le tho same With the auditor of the county who
shai levy tue same upon tho tax duplicate, and the
amount thereof shall be collected from the land dc
soribed in said certificate to other taxes provided
lurine tdit no nunation snail be entertained by any
count or Judge thereof, restrain said levy or the
collection Of id tax, except on the ground tina, the
labor specified in the certificate performed or
tnat tue lsstihs on which the same founded was
the result OF ialiuient combination or collusion.
SEC. o. IL shlll be the dlty uf any person claiming
compensation for the appropriation of his Ian for the
purpose OF constructing ditch, drain or wltrcourse,
uuief Tue provisions Of this act TO make such claim
ut tue sess )n or the county commissioners at which
the petition for Locating and establishing such ditch
drain or water1Ourse IS acted upon, and thereupon
shall he the duty of said county nssoners pro.
coed to estimate aud determine the amount Of com
pensaton 10 which such claimant will he entitled for
the appropriation OF his said Land for the purpose
aforesaid and the amount of the compensation so de.
ternlhed upon ap awarded 10 slid claimant shall be
apportioned and assessed against he parties crying
| benefit from su;h ditch. drain or watercourse aAd
shall De collected are the other expenses and dam
ages and when collected shall he paid over to the par
N entitled th1re1o, and should any party in whose ia.
he may. within ten days after the making OF such
award, appeal therefrom to the probate court of the
proper county, upon The execution and ding with said
prolae conrt Ol bond with security to be approved
bN the Judge Of said court in the sum of five hnnded