The Jeffersonian Democrat. [volume] (Chardon, Ohio) 1854-1865, 1859-06-10

tory be aud tie same is hereby repealed,
and THIS act shall take effect and be 10
/ force from and after It's pass pn.
WILLIAM B. WOODS,
Speaker Of ne HO"se Of Representatives.
MARIN WELKER,
| Pr s'drni " the Senate.
March IS. 1859.
! No. SO.
! AN ACT
To provide for locating, establishing and
constructing bitches, drains and water
courses.
SECTION BE- II enacted by the Graerat
.7Ss'mjiy IF The StHtr Of Ohio. That tho
cudn'y commissioners OF any county shail
have power at any regular session, when
ever III their opinion, the same is Jeman-
ded 10y or will be conducive 10 the public
health, convenience or welfare, 10 cause
10 be established, located and constructed
as heleinater provided. any ditch, drain
or water course within such county.
See. 2. That before the County com.
n'lssiont oi any cnuGtyshall take nn,s cps
towards locating or establishing any Ji'ch,
drain or water course, there shall BE- filed
with the county auditor a petition from
ole or more persons owning lands adja-
cent to the Ilne oi such proposed ditch,
drain or water course, setting forth the
Necessity OF the same, with II description
oI It's proposed starring point. rou,e and
terminus, and shall, At the same time. fle
u bond with goDd and sufficient sureles TO
the acceptance ot the county auditor con-
dltIoned TO pay all Expenses incurred. in
case the commissioners shhllreluse togrant
the prayer Vi the petition, and it shall be
The duty uI the county auditor immediate
iy thereafter to place II corrrc. copy OF
sait peI,ion in the hands Of the county
/. surveyor or il competent engineer, who
! shall, thereupon, t,king with him the me-
= cessary assistance, proceed to make an ac.
D cura!e survey ol the route OF such propo.
l sed ditch, drain or water course, and on
. The completion thereof, shall return plat
or pla: and profile of the same to said
| county auditor, and shall also set forth in
. h!s return a desert ption of the proposed
route its availability and necessity. with
n description of each separate tract Of land
through which the same is proposed 10
be located, how il will be affected there
. br, and It's situation and level as compar-
i ed with that of adjoining lands, together
with such oiher Facts as he may deem ma
n terial. ltsha!l be the dury OF the county
audi or, Immediately on said report being
filed, 20 cause notice in writing TO be Civ
, en- 10 the owner or one Of The owners of
each tract OF land a'olg the route of such
proposed ditch, drain or water course, Of
The penGrpcy and prayer Of said petition,
ami oi the time oI The session Of the coun-
" commissioners at which the same will
be heard. which notice shall be served at
least ton days priur 10 Sald session, and
n an Hflilavit Of said service filed with the
county auditor; and in case any such ow-
, ner is not n resident of the couply.-or
should any party or parties in interest die
during the prndency OF said proceeding,
such death shall not work an abatement
ot such proceeding, but the county COM
a mlssunrrS on being notified thereof shall
;. make such orders rs they may deem prog
d.. er for giving notice To tie person or per-
- sou, succeeding 10 the right ol such de
- ceased party or parties, and noicr OF the
IL, pendency and prayer OF said ptt'ion and
-. the time OF hearing The same >hal be Civ
,r en- To such owner or per'o ons, by rubca
zion tor Two consecutive weeks in some
newspaper published or Of genera! circu'
: iatIon IN SAID county.
;, See. 3. That any person or persons
claiming compens 'tlun tor lands appropri.
a'ed tor the purpose of conslruc ing any
>. Grch, drain or water course under the
p! rovi>ious OF this acr, shall make Lis. Eer
- or lnelr application in wiring th,rsior To
.' tine county c. mn is ioncrs. on or before
The lhi'J day OF the session at which The
petition has been set Tor hearing, and on
- iliurr lo make such apple ion. shall be
+, deemed and held 10 have waived his, lei
-, or their night 10 sucn compensation.
# Sec T. That said county commissioners,
M the session set tor the hearing OF said
ppi,ion, shall, if they ird tie require
men,s of The S, cond section Of this net IL
have bren complied with, proce' 10 heat
and determine said petition; and il they
deem it necessary shall view The premises,
and il th,y sht mud such ditch. drain OF
water course 10 b. necessary, and that the
S nr isdemanded hyorwill be conducive to
ct crupbc Lcalrh, cuuvtnienc or welfare
IS dno 'pplica,ion shall have beeu madefur
ID conpenSa i, n a provided in the third Sec
ton OF hi, act. they shall proceed 10 o
NJ cate aud establish such dilch, drain or WA
. t-r course on II e route specified in q .
d plat and rr'u'n sid o Inly surveyor or
Of engineer. BIT il any application or appii-
,d cations tor cnmUenssiinn as aforesaid shall
d have been m d.. further proceedings by
III the county commissioners shall be atjour.
Of ned nll lnrIr lexL regular session; and
/ ,he county auditor shall forthwith certify
to the probate Judge of said county copy
,e or copies of said aPpIrca'ion or sPplies'
a lions, together with description or de
II scrip,ions OF the property sought TO he la
It ken and appropriated, AS contained in the
,e pat or report of The county surveyor OF
DE- engineers; which shall he forthwith dock
n cted by said probate judge, styling ths
p aPplican! or applicants. plaintiff or Plaint'
c. IDS, and the county commissioner defen-
III ant; and such proceedings shall thereup'
&C on be had 10 assess and determine the