The Wyandot pioneer. (Upper Sandusky, Ohio) 1853-1868, 1859-05-20

Ydltch, drain or water-course under tn,
hejsions Of this act, shall make his, O.
to tBtheir applicationin writing thereto
The - sounty commissioners, on or befor,
peI,;a day Of the session at which the
fiaiu,aa has been set for hearing, and or
aa4se'to make such application, shall be
. ~eemed and held 10 have waived his, hel
or their right to such compensation.
n, Section 4. That said county commits.
csSsSaaers. atthe session SO, for the heariag
OF said petition, shall, if they find the re.
quirements Of the second section of this
act to have been complied with, proceed
70 hear and determine said petition; and
il they deem it necessary shall view the
premises, and il they find the ditch, drain
Or wster-couyse to be necessary, and that
the same is demanded by or will be con
ducive. TO the public health, convenience
or welfare, and no application shall have
been made Tor compensation as provided
in the third section Of this act, they shall
proceed to olocate and establish such ditch,
drain Or water course on the route speci-
fed in the plat and return Of said county
surveyor or engineer. But if any appli-
cation or applications for compensation as
aforesaid, ,sha.ihave been made, further
proceedings by the county commissioners
shall be adjourned till their next regular
session, and the county auditor shall forth.
with certify to the probate judge Of said
county q copy or copies Of said applica>
tion or applications, together with de-
scription or descriptions Of the property
sought to be taken and appropriated, as
contained in the plat or report Of the couns
ty surveyor or engineers, which shall be
forthwith docketcd by said probate Judge,
styling the applicant or applicants, plain
tiff or plaintiffs, and the county commits
sioners defendant; and such proceedings
shall thereupon be had to assess and deter
mine the compensation Of such claimant
or claimants, as are authorized and re-
quired by the act entitled "an act to pro-
vide for compensation to the owners Of
private property appropriated TO the use
Of corporations, passed April 80, 1852,
ard the acts. amendatory thereto, so FAR
as the same may be applicable; and the
compensation so found and assessed in fa-
vor of said claimant or claimants shall he
certified by the probote Judge to the coun-
ty auditor and paid out Of the county
treasury, from the general fund remaining
deposited therein for the use Of such clai-
mant or claimants; and said county COM
missioners shall, at the next regular ses-
sion after such mpensalion shall have
been assessed and paid or deposited as
aforesaid proceed tc locate and establish
such ditch, drain or watercourse as here
in before provided.
Sec. s. That said county commission
ors, whenever they shall have established
any such ditch, drain or water.course,
shall divide the same into suitable Sec
tions, not less in number than the number
OF owners Of land through which the
same may be located, and shall also pre-.
scribe the time within which the work up
on such sections shall be completed.
Section s: That the county auditor
shall cause notice to be given of the time
and place Of letting. and amount Of work
to'bei done upon said sections, and the
time'fxed by the commissioners for its
completion, by publication for thirty days,
10 some newspaper printed, or Of general
circulation, in said county, and shall let
the work upon said sections respectively
to the lowest bidder therefor; and the per-
sons taking such work at such letting,
shall, on the completion thereof to the sat
isfaction Of the county commissioners, be
paid for such work out Of the treasury up
on the order Of the county auditor; provi-
ded, that if'any person or persons to
whom any portion of said work shall be
let as aforesaid, shall fail to perform said
work the same shall be re let by the covn-
ty auditor, in the manner herein before
provided. e1 .at
Section 7. That the county auditor
shall keep full and complete record of
all proceedings had in each case under
this act.
Section 8. That The auditor and sur
veyor or engineers shall be allwoed such
fees for services under this act, as the
county commissioners shall, in each case,
deem reasonable and allow: and all other
fees and costs accruing under this act shall
be the same as provided by law for like
services In other cases. and all costs, ex.
penses, costs Of construction, fees and COM
Pensation for property appropriated,
which shall accrue and be assessed and
be determined under this act shall be paid
oul Of the county treasury. out Of the gen-
eral fund on the order OF the county au.
ditor, provided that no part Of tine same,
except the compensation for property ap-
shall be paid out Of the county
treasury, till the sum shall have been lev
led spd collected as provided 10 the next
section of this act.
Sec. 8. That the county commission
ers shall make an equitable appor.ion-
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