The Tiffin tribune. [volume] (Tiffin, Ohio) 1848-1859, 1859-04-29
March is 1859,
AN ACT
(Nossl

[ No. S6l AN ACT
To provide FOR locating, establishing and con-
suuctng dhehes, drains and water courses.
Section |. BE Il enacted by the General As
sembly OF the State OF Ohio. That the county
commissioners Of any county shall have power,
at any regular session, whenever, IN their opinion
the samo Is demanded by or viii be conducted to
the public health, convenience or welfare to
cause 10 be established, located and constructed,
as hereinafter provided any ditch drain or water
course within such county.
Soc. p That before tho county commission
sr OF any "onnty. sball take any steps towards
lOcnting or establishing any ducn, urAru Wug-
er course, there shall be filed with the county au-
dtor petition from one OF moro persons own
ing lands adjaccntto the line OF such proposed
ditch, drain or water course setting forth the
necessity of the same, with a description ofiis
proposed starting polut, route and terminus, aud
shall, at the SAME time, ilo bond with good and
Sufficient sureties to the acceptance Of The cOun-
~ auditor conditioned to pay all expenses incur
red IN case the commissioners should refuse TO
grant the PRAYER of the petition, ond il shall be
he duty OF the county auditor immediately there
after to place correct copy ofsad petition in
! the hands Of the county surveyor or a competent
| engineer, who shall thereupon, taking with him
the necessary ASST tahce, proceed 10 make an
crrtte survey Of the route Of such proposed
ditch, drain, or waior course, and on the com
petion thereof, shall return plat or plot or pro-
NV " VIC rNtNI ~ rNAu county NNAlNQlf anu NNNiA
set forth In his return description OF tho pro-
posed route; its availability and necessity, with
a description OF each separate Or ct OF land
through which the same Is proposed to be loca-
ted how Il will be affected thereby, and is sltu-
alton and level as compared with That Of adioin-
Ing lands, together with such other facts as hO
may deem material. Itshall be the duty OF tho
county auditor, Immediately on said report be-
ing ted, TO cause notice In writing to be given.
10 the owner, or oue Of the owners Of each tract
oil land along the route Of such proposed ditch,
draino wator course, Of iho pcndeucy and pray
er Of said petition, ond Oflhe time OF the session
OF the county commissioners at which the same
will be heard, which notice shall be served az
least tCK DAYS prior 10 said session. aud an afi-
dayit Of 50 service filed with the county audi
tori and In ease any such owner is not resident
of the county, or should any party or parties la
interest die during the pcndCucy Of said proceed
ing, such dunth shall not work an ahaisnasut ot
such proceeding, but the county commissioners
on hsins Hutlned thereof, shall make such order
as they may deem proper for giving notice TO the
person or persons succeeding to the right ofsueh
deceased party or parties, and notice Of The peh-
deucy and prayer OF said petition and the time
OF hearing tie same shall be given 10 sucli OWL
or or persons, by publication for tive consecutive
weeks in somo newspaper Published or Of gen-
oral circulation in saidcornty.
Sec. 3. That any person or persons CAIN
purpose of constructing any ditch, drain or va
ter course under the PROFESSIONS Of this act, shall
make his, her or their application In writing
therefor 10 the county commissioners, on OF be-
fore She third day OF the session At which the pc
uton has been set for hearing, and on lailureto
make such application, shall be deemed and held
TO have waived his, her or THEN right 70 such
compensation.
See 4. That said county commissioners.
at tie session set for The hearing OF said petition
shall, ifthoy find the requirements Of the second
section OF this act tohave been complied with,
proceed to hear and determine said petition:
and II ih y deem it necessary sha vicw the
pTemisesi aud II they End such ditch Drain or
water course 70 be necessary, and that lhe same
is demanded by or will be conducive 10 the pub
lie health, conyenience or eeliare, and no rp-
plcaton has been made for compensation q pro-
yided In the third section OF this act, they shall
proceed 10 locate and esnlb ish such ditch, drain
or water course on the route specific q II ine plat
and return o, said county surveyor or engineer.
But If any appl'c cation or app icalions for cnm-
pensatiun as Aforesaid, shall have been made,
further proceedings by ne county commissioners
shall be adjourned tll ther nexi re- ulcr sessiani
aul the county auditor tha,l forthwith certify in
probate judge " said county a copy 90 copirs ot
said application or applications, together pihi d
description ordesodptions Of tae property sought
TO be taken and appropriated, as ccntnincd u
The plat OF reportoi the coun'y surveyor enri.
neer hich shall be forthwith docketcl hy snid
probate iadpe styling tse applicant dr apIlicaris
plaintiff ur plaintiffs snd the oouuty cummifsiun
crs delendanti and such proceedings shall lhure
upon be h,d 60 asscss and delefniue lhe eoni-
pensation OF such claimant or claimants, a. ave
authorized and rtquilei by lhe set epttle,i sen
aot 10 prov idc Tor compensation % ihe QHneTHf
private property aprpn ted r. lhn usc pl 60
cJATlAV. On toJKrd raea.