Fremont journal. [volume] (Fremont, Sandusky County [Ohio]) 1853-1866, 1859-04-22
WILLIAM B. WOODS,
Speaker Of House of Representatives..
MARTIN WELKER,
President Of the Senate.
February 90, 1859.

mo. ss.l AN ACT
To provide tor locating establishing and constructing
bitches, drains, and water courses.
Sec. l. Be il enacted by the General assembly of the
State Of Ohio, That the county commissioners of any
county shall have power at regular session.
in their opinion, the is demanded by will be
to be established located and constructed
matter provided, any ditch, drain water within
such county.
Sec. q That before the county commissioners Of any
county shall take any stens towards locating establish
ing any ditch drain water course there shall be filed
with the county audior petition from one or more
owning lands adjacent to the line OF such proposed
ditch drain water course setting forth the necessity of
the same with description ofis proposed starting point
route and terminus and shall at the same -time, file
bond with good and sufficient suretes the of
the county auditor conditioned to pay all expenses
curred in the commissioners shall refuse to grant
prayer OF the petition and it shall be the duty of the
county auditor Immediately thereafter to place correct
copy OF said petition in the hands of the county
or competent engineer, who shall thereupon, taking
with him the necessary assistance proceed make
survey OF the route ofsuc proposed ditch an
water course and the completion thereof shall
turn plat plot and profile the same to said county
AUDITOR and shall also set forth In his return description
of the proposed route its availability and necessity with
description ofoach separate tract ofand through which
the same is proposed to be located how II win be effected
thereby and its situation and level compared with that
OF adjoining lands together with such other facts he
may deem material II shall be the duty of the county
rimmedately said report being fled to
notice in writing to be given to the owner Of the
owners OF each tract Of land along the route of such pro-
posed ditch drain water course Of the pendeney and
Payer OF said petition, and of the time OF the session
the county commissioners at which the will be heard
(which notice shall be served at days prior TO said
session. and affidavit of said service filed with the
county auditor; and In any such owner is not resi-
dent OF the eouny or should any party parties in in
terest die during the pendency Of said proceeding
death work an abatement ofsuch proceeding but
the county commissioners being notified thereof sha
make snch order they may deem proper for giving
ee 70 the person or persons succeeding to the right
sneh deceased party parties and notice of the pen
deney and prayer said petition and the time of heano
he same shall be given TO such persons by pub
oS TWO consecutive weeks in some newspaper pub
lllsned or or general circulation In said county.
Sec g. That any person persons claiming eompensa
non Lor lands the purpose demonstrating
any ditch, drain water under the pr0ysonR
this act shall make his her their application in writ.
ing therefor TO the county commissioners on or before
the third day Of the session at which the petition ha,
been set for bearing and failure 10 make such appca
ton shall be deemed aud held to have waived his her OF
their right 70 such compensation.
sec That said county commissioners at the session
etfor the hearing Of said petition shall If they find The
requirements ofthe second section Of to have
tsope1 wth proceed to hear and determine said petit
ohi ana u they deem II necessary shall view the prem
ses andhthey ind such ditch drain water course tc
oe necessary, and that the same Is demanded by will
nc conducive to the public health convenience vel
fare, and application shall have been made for colnpen
satoo az provided in the third section Of this act the,
shall proceed 70 locate and establish such ditch drain OF
water the specified in the Plat and return
o SAID county surveyor engineer But IL any appcA
on OF applications for compensation aforesaid shal
nave been made further proceedings by the
mssoners shall be adjourned tn their regular
on and the county auditor shall forthwith certify tn,
J"uke o halu county copy or copies OF Sad ap
eeAiion OF APPLICATIONS together with description
OF the property sought to be taken and appro
as contained IN The plat o. report Of the county
by said probate judge styling the applicant applicants
Palntif or plaintiffs and the county commissioners de-
endanu and such proceedings shall hereupon be had
70 assess and determine the compensation of sneh claim
ant or Claimants authorized and required by tbs
act entitled san act 10 provide for compensation the
owners 81 private property appropriated the Of
Poraton passed April 30 1852 the acts amendato.
oy thsfe1t sna supplementary thereto, 50 r as the
ana assessed IN favor Of said claimant or claimants shall
be the probate Judge the county audtor
paid out of the county treasury from the general fund
roman deposited therein for the use Of such claimant
eai'oantsi and said county commissioners shall al ths