The Portage County Democrat. [volume] (Ravenna, Ohio) 1854-1868, 1859-06-22

HOLE NUMBER 273.
Sec. q That origonal section sixty t,s, Of TIE &C
to which this ,datory he !. herebyrs
pealed and this shall take effect be In force from
WILLIAM 8. WOODS.
spsak'i Of the aaRTs aGlss # ssRssisHss''' wEsFFs
President Of the Senate.
mo. So AN ACT
To provide for locating, establishing constructing
bitches, drains and wa'er courses.
Section Be 1t enacted by the General Assembly OF
the Stat. of Ohio That the county of any
county shall have powe at any regular session whenrv
e in their opinion e same dena ded by or VII No
to be established. located and CONSTRUCTED
herein after provided any ditch drain or atsrc0urse
Sec. 2 That before the county commissioners Of any
ay ssps s d
with the county auditor petition per.
eh 70 o Q. s
of the sane with description of its proposed starfi
file bond with good suficient fbe
ceptance of the county auditor CONDITIONED to all
penses incurred, in the commissioners shall
the prayer Of the petition and Il s. be the du
ty of the county auditor Immediately thereafter to lace
correct COPY of said petition m the hands Of the
ty competent engineer, who shall thereu
taking with him the necessary assistance proceed 10
make accurate survey Of Of such prorosed
ditch.dram wafer and on the compleon there
Of shall return plat plat and profile Of the
said county auditor and shall set forth in his
description of he proposed route,s asasbits andre
cesstv with description of each separate tract Of land
will he affected therehyand its situation ami level com
pared with thst of adjoining lands together With snch
other deem material. II shall be the
duty of the county auditor immsdi afey said rep rs
being filed to ca cause notice IN rtins to b. given 70 the
route of such proposed ditch drain or
time of the session Of the county commissioner at which
the viii he heard which notice shall be served at
said service filed with the comfy auditor and in
such owner is not resden Of the county, should any
e1 !" s. d. a ns re Il
of such proceeding, but the county commissioners on
deem for giving notice to the person persona
succeeding to the of such decsased party or psr
ton and the time of hearing the shall be gwen to
such owner by publication for two cons Gu
tive weeks in some newspaper published OF OF general
Sec. That any person or parsons claiming compeu.
struggling any ditch drain water conrse under pro-
vision Of this shall make hs her their application
before the third day of the session which the petition
has heen set for hearing, and fixture to mnke such
her their right to surh compensation.
Sec That said county commission srsat the session
requirements of the second section Of this act haze
been complied WITH proceed hear and determine said
premises, and if they find such ditch. drain water
course to be necessary. and that TIE samc is demanded
or welfare and application shall have been made for
compensation provided in the third section Of is act
or sperisd in the plst andre
turn ef said county surveyor or engineer But If any
shall have bes made further proceedings by III comfy
shall be adjourned l their next regniar
sesson and the auditor shan orthw ith certify 10
the probate judge OF said county copy copies OF said
appiication or appcatio together with description
r descriptions of theproperty sought to be taken ard
appropriated contained in the plat report Of the
surveyor engineer (which sal be firihwitb doketed
by said probate judge, styling the applicant or appc to
plaintiff plaintiffs and the county commissioners de-
PENDANTS and such procesdnes shall thereupon be had 70
and determine the Compensation Of suci claimant
claimants authorized and reqnired by the act
entitled an act to prvide fnr to the own
passed April 30 1852 and the acts amend
same may be applicss and the compensation 30 found
and assessed in favor of said claimant claimants shall
be certified by the probate judge the county auditor
and paid out of the eountv treasury. from the eSnera
fund remain deposited therein for 'he Of such
SHALL at the next regular session aer snch conpnaa
on shall have been assessed and paid or depoited
or water course as herein before provided
Sec. b. That said county commissioners whenever
course shall divide sri,sthie ions,
rss in number thnn the number of owners Of land
through which the same m ay be oeated and shall also
sections shall be completed: z9'
See s. That the cnuatv auditor shall cause notcs 10
be given Of the time and place of eting and of the kind
and amount of work to be done uron sid sections and
the time fixed by the commits ones for its camplsenty
publication for thirty days. in newspaper printed,
of general circulation In said county and shall LET the
work upon sad sections respectively the Invest hid-
der therefore The person persons taking suh work
at such letng shall the completion thereof 70 the
sasf ction of the county commissioners he paid for
work out of the county treasury upon the order of
the county auditor; proyiasd that il any EsrsoH or Pss
aforesaid shall fail perform ssd work. the sall
be re- by the county audor i'm the manner herein be-
Sec 4. That the county auditor shall keep afun and
compeie record of all proceedings had In each case I'M
Sec. 8. That the audtor and SURVEYOR or engineers
the county commissioners shall in each deem
onaie and allow and all other fees and accrufng
like services other and all costs exprnse
of construction fees aid compensation for property ap-
ternnsd under this act shall be paid out of the
treasury ont of the general fund the order of the
tbs ccmnensstop for nronsrtv pnnronris,ed ~. bs
paid out of the eonnty treasury till tre shall heye
levied and collected as provided in the next section
Sec 9. That the county Commissioners shall make
compensation for properly apDo
prated which shall and be assessed and deter
benefited by the location and construction Of suedfc
drain Or water course. in proportion to The hssss to
whose lands he same be located sad constructed
respectively; and the shall he levied upon the lands
of the benefited, in said proportions and coli
cted in the taxes levied and
collected d for % county purposes. ,s
tees OF townships to estab h and locate
bitches in ertaia passed Nav 1854 and the
an.ndatory thereto, passed April a. 1851 and the orig
inal passed February a. 1885, the ubject
hereby repealed provided that proc ediuRs had
or commenced under law repealed by this ac shall
be affected by such repeal.
Sec. IL. This take effect from and aer Its pas
WILLIAM B. WOODS.
! Speaker of the House of Representatives.
MAfIN WELKER,esi7 :
President of the senate.
.aa
stl1 8 III S9s1
: mo. % AN ACT 49, s.,5 :
To repeal act entitled san further defining the du-
ties of County Treasurers April ss5s, the
act amendatory thereto, passed April 10, 1851. hrs n
Section I. Be 1t enacted by the General Asssmhl
the State OF Ohio That the entitled
defining the duties County Treasurers passed April 3,
1856, and the art entitled s an act to amend this