The Cadiz Democratic sentinel. [volume] (Cadiz, Ohio) 1854-1864, 1859-04-20
AN ACT


To provide for locating. establishing and con-
structihg bitches, drains and water courses
Sec /. Be it enacted by the General Assem-
bly, Of the State Of Ohio, That the county com.
missioners Of any county shall have power, Of
any regular session, whenever, in their opinion
the same is demanded by or will be conducive
to the public health convenience CT welfare, to
cause to be established, located and constructed
ter course within such county. r.
Sec. 2. That before the county commission
ers Of any county shall take any steps towards
locating or establishing any ditch, drain or
water. course, there shall be filed with the coun-
ty auditor petition from one or more persons
owing lands adjacent to the line ofsuch propos-
ed ditch, drain or water course, setting forth
the necessity OF the same. with a description oi
its proposed starting point, route and terminus,
and shall, at the same time, file bond with
good and sufficient sureties to the acceptance o
the county auditor conditioned to pay all expen
ses incurred, in case the commissioners shall re
fuse TO grant the prayer Of the petition, and il
shall be the duty Of the county auditor imme-
diately thereafter to place correct copy Of said
petition in the hands Of the county surveyor OF
a competent engineer, who shall thereupon, TAX
to make an accurate survey OF the route ofsuch
proposed ditch. drain or water course, and on
tn, completion thereof. shall return plat or
p ats and profile Of the same to said county au-
ditor and shall also set forth in his return a
description ofthe proposed route, its availabill-
ty and necessity, with description of each
separate tract OF land through which the same
is proposed to be located, how it will be affect
nnl .kc 81, ooI 10
pared with that Of adjoining lands, together
with such other facts as he may deem material.
1t shall be the duty of the county auditor, i'm
medately on said report being filed, to cause
notice in writing to be given to the owner or
one ofthe owners Of each tract of land along the
route OF each tract Of land along the route o.
such proposed ditch, drain or water course, o.
the tendency and prayer of said petition, and
of the time of the session Of the county com.
missioners at which the same will be heard
which notice shall be served at least ten days
prior to said session. and an affidavit of service
filed with the county auditor; and in case
any such owner is not a resident Of the county
or should any party or parties in interest dur
ing the tendency Of said proceeding such death
shall not work an abatement Of such proceed
ing, but the county commissioners on being no
titled thereof shall make such orders as they
may deem proper for giving notice to the per.
son or persons succeeding to the right ofsuch
deceased party or parties, and notice oil the pen
dency and PRAYER of said petition and the time
of hearing the same shall be given to such own
er or persons, by publication for two consecu
tive weeks in some newspaper published or 0
general circulation in said county.
Sec. 8. That any person or persons claiming
compensation for lands appropriated for the pur
pose of constructing any ditch, drain or water
course under the provisions Of this act, shal
make his, her or their application in writing
therefor to the county commissioners, on CT be
fore the third day ofthe session at which th'
petition has been set for hearing, and on failure
to make such application, shall be deemed ant
held to have waived his, her or their right t.
such compensation.
Sec. 4. That said county commissioners, a
the session set for the hearing Of said petition
shall, ifthey find the requirements of the sec
ond section Of this act to have been compiled
with, proceed to hear and determine petition
and If they deem it necessary shall view tn,
premiser, and ifthey find such ditch, drain Of
water course to be necessary, and that the SAM
il demanded by or will be conducive to the pub
lie health, convenience or welfare, and no ap
plication shall have been made for compensation
as provided in the 81 section Of this act they
shall proceed to locate and establish such ditch
drain, or water-course on the route specified in
the plat and return of said county surveyor OF
engineer But ifany application or applica-
tons for compensation as Aforesaid, shall have
been made, further proceedings by the county
commissioners shall be adjourned TILL their next
regular session; and the county auditor shall
forthwith certify to the probate judge of said
county a copy or copies Of said application or ap
plications, together with 3 description or dc.
scrptions ofthe property sought TO he taken
and appropriated, as contained in the plat orrc.
port Of the county surveyor or engineers;which
shall be forthwith docketed by said probate
Judge, styling the applicant or applicants plain.
tiffor plaintiffs, and the county commissioners
de fendant, and such proceedings shall thcreup.
on be had to assess and determine the compen-
sation ofsuch claimant or claimants, as are au-
thorised and required by theact ent'ldsan act to
provide for compensation to the owners ofpri-
vate property appropriated to the uss OF corpor.
ations" passed April 80, 1852, and the acts A.
mandatory thereof and supplementary thereto.
50 far as the same may Be applicable; and the
compensation SO found and assessed in favor oil
said claimant or claimants shall be certified By
the probate judge 10 the county auditor and paid
out fthe county treasury, front the general
fund or remain deposited therein for the use oI
such claimant or claimants; and said county