Dayton daily empire. [volume] (Dayton [Ohio]) 1850-1865, 1859-04-23
March ls,
AN ACT
mo. ss.l

mo. ss.l AN ACT
To provide for locating, establishing and construc-
ting bitches, drains and water courses.
Section l. Be 1t enacted by tho General Assem-
bly, Of the State Of Ohio, That the county com
missioners Of any county shall have power, at any
regular session, whenever, in their opinion, the
Same is demanded by or will be conducive TO the
public health, convenience or welfare, to cause to
DO established, located and constructed as herein
after provided, any ditch, drain or water course
within such county.
SEQ. 2. That before the county commissioners
Of any county shall tako any steps towards looa-
ting or establishing any ditch, drain or water
course, there shall be filed with the county auditor
petition from one or more persons owning lands
adjacent to the line Of such proposed ditch drain
water course, setting forth the necessity Of the
same, with description of its proposed starting
point, route and terminus and shall, Ht the ga me
time, file a bond with good and sufficient suretios
to the acceptance Of the county auditor condition.
cd to pay all expenses incurred, in case the COM
missioners shall refuse to grant the pray Of tho
petition, and It shall be the duty of the county
auditor immediately thereafter to place a correct
copy Of the said petition in the hand Of the co
ty surveyor or a competent engiEeer, who shall
thereupon, taking with him the necessary assist
anoe, proceed to make an accurate survey of the
route oil such proposed ditch drain, or .water
course, and on the completion thereof shall return
plat or plat aud profile OF the same 10 said coup-
description of the proposed route, its availability
and necessity, with description of each separate
tract of land through which the same is proposed
TO be located how II will DO effected thereby and
its situation and level as compared with that Of
adjoining lands, together with such other faots as
he may deem material. IL shall be the duty of the
county auditor, Immediately on said report being
nled, 70 notice In writing to bo given TO the
owner, or one u the owners Of each tract Of land
along the route OF such proposed ditch, drain or
water course, Of the pendeney and prayer Of said
petition, and Of tho time Of the session Of the eoun
ty commissioners at which the same will be heard,
which notice shall bo served at least ten days pri-
or TO said session. and affidavit Of said service
hled With the county auditOr and In case any such
owner is not a resident Of the county, or should
any party parties in interest die during the pen-
depoy said proceeding, such death shall not work
an abatement Of such proceeding, but the county
commissioners on being notified thereof shall
make such order as they may deoln proper for Civ
iug notice 10 the person or persons succeeding to
the right Of such deceased rsrty or parties, and
notice Of the psndeney and prayer Of said petition
and the time OF hearing the same shall bs given to
such owner OF persons, by publication for two con-
socutiye weeks In somo newspaper published or Of
general circulation In said county.
Sec. B 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 sbal make
MS, her or theW Application IA writing horeior 10
the county commissioners, on or before the third
day OF tho session al which the petition has been
sat for hearing, and on failure 10 make such ap-
plisatlon shaa bo deemed and held to have waived
bis, her or their right 20 such Compensati0n.
Sec. 4. That said county commits toner's, a. the
session set for tho hearing Of said petition, shall,
II they dnd tho requirements " the second section
Of thii act 10 have been compiled with proceed to
hear and Determine said petition; and II they
deem Il necessary shall vieW the premises, and Il
they hnd such ditch, drain Or wafer course 10 be
necessary, and thst the same Ia demanded By or
will bo conducive 10 the public hsallh, convent.
snes or welfare, and no application shall have