Holmes County Republican. [volume] (Millersburg, Holmes County, Ohio) 1856-1865, 1859-05-26
LAWS OF OHIO:
Published by Authority.
Al ACT
To provide for locating. establishing and con-
etructing bitches. drain aud uafer-couises-

Commissioned of apv couuty shall have power
at any regular session, whenever, n their opin-
ion, the same is demanded by or WA De eondu-
Give to the public health. convenience OF wetlare,
to capse TO be established located and construct
ed as hereinafter provided, any ditch drain or
water-course within such county.
Sec. @ That before the county commission
ers of any county shall take any steps towards
locating or establishing any ditch, drain or wa
ter-course, there shall be filed with the county
auditor petition from one or more persons
owning owning lands adjacent to the line Of
such proposed ditch, drain or water-course, SET
ting forth the necessity of the same, with a
description of its proposed starting point route
and terminus, and shall. at the same, file bond
with good and sufficient sareties to the accept
anee Of the county auditor conditioned to pay
all expenses incurred, in case the commission
ers shall refuse to grant the prayer of the petit
ton and itshall be the duty Of the equity auditor
immediately thereafter to place correct copy
Of said petition in the hands of the county sur
veyer or competent engineer, who shall there
upon. taking with him the necessary assistance,
proceed to make an accurate survey of the route
Of such proposed ditch, drain, or water-course,
and on the completion thereof, shall return a
plat or plat and profile ofthe same to said coun-
ty auditor and shall also set forth in his return
subscription of the proposed route. its ayaila-
biiity and necessity, with description of each
separate tract of land through which the same
is proposed to be located, how it will be Affect
ed thereby, and its situation and level as COM
pared with that OF adjoining lands, together
with such other facts as he may deem material.
1t shall be the duty of the county auditor, i'm
mediately on said report being filed, to ca, Sc
notice In writing to be given to the owner or
one of the owners of each tract of land along
the route Of such proposed ditch, drain or wa
ter-course, of the pendency and prayer of said
petition. and of the time Of the session of the
county commissioners at which the same will
be heard, which notice shall be served at least
ten days prior to said session, and an affidavit
OF said service fled with the county auditor;
and In case any such owner is not a resident of
the county, or should any party or parties in
interest die during the tendency of said pro-
ceedlng. such death shall not work an abate-
rnent OF such proceeding, but the county COM
missioners being notified thereof, shall make
such order as they may deem proper for Civ
ing notice to the person or persons succeeding to
the right of such deceased party or parties, and
notice of the pendency and prayer Of said petit
tion and the time of hearing lhe same shall be
given such owner or persons, by publication for
two consecutive weeks In some newspaper pub
ished or of general circulation in said county.
Sec, 3. That any person or persons claim
purpose of constructing any ditch, drain or
water-course under the provisions of this act,
shall make his, her or their application in wri-
ting therefor to the county conmissionerson be-
fore the third day of the session at which the
petition has been set for hearing, aud on fail
ure to make such application, shall be deemed
and held to have waived his, her or their right
to such compensation.
Sec. A. That said county commissioners, at
the session set for the hearing of said petition,
shall, if they find the requirements of the Sec
ton of this act to have been complied with, pro-
eeed to hear and determine said petition; aad if
they deem it necessary shall view the premises
and if the find such ditch. drain or water-course
to be necessary, and that it is demanded by or
will be conducive to the public health, conve-
nienec or welfare, and no application shall have
been made for compensation as provided in the
third section of this act, they shall proceed to
locate and establish such ditch, drain OF wa
ter-course on the route specified in the plat and
return of said county surveyor or engi-
neer. But if any application or applications
for compensation as aforesaid, shall have been
made, further proceedings by the county COM
missioners shall be adjourned till their next
regular session; and the county auditor shall
forthwith certify to the probate judge of said
county a copy or copies Of said application or
applications, together with description or de-
scriptions of the property sought to be taken
or appropriated, as contained In the plat or re-
port of the county surveyor or engineers;
which shall be forthwith docketed by said pro-
bate judge, styling the applicant or applicants
plaintiff or plaintiffs and the county commits
sloners defendant; and such proceedings shall
therelpoa be had to assess and determine the
compensation of such claimants or claimants,
as are authorized and required by the act enti-
lo1s fo
the owners of private property appropriated to
the use of corporations" passed April 80, 1852,
and the acts amecdatory thereof and supple
mentary thereto, SO far as the same may be ap-
plicable: and the compensation so found as
sessed In favor of said claimant or claimants
shall be certified by the probate Judge to the
county auditor and paid out of the county treas
ury, from the general fund or remain deposited
therein for the use of such claimant or claim
ants; and said county commissioners shall, at
next regular session after such compensation
shall have been assessed and paid or deposited
as Aforesaid, proceed TO locate and establish
such ditch, drain or water-course as herein be-
fore provided.
Sec. s. That said commissioners, whenever
they sha have established any such ditch,
drain or water-cours1, shall divide the same in
to suitable sections, not less in number than the
number of owners of land through which the
same may be located, and shall also prescribe
the time within which the work upon such Sec
tions shall be completed.
Sec. +. That the county auditor shall cause
notice to be given Of the time and place oflet-
ting, and of the kind and amount of work to be
done upon said sections, and the time fixed by
the commissioners for its competitor, by publ
cation for thirty days, in same newspaper print
ed, or of general circulation, in said county,
and shall let the work upon said sections res
pectively to the lowest bidder therefor; and the
person or persons taking such work at such let
ting, shsll, on the completion thereof to the
satisfaction of the county commissioners, be
paid for such work cut of the county treasury
upon the order of the county andior; provided
that If any person or persons to whom any por-
ton of said work shall be let as aforesaid shall
fail to perform said work, the same shall be re-
let by the county auditor, in the1nnner here
matter provided. =
Sec. Z. That the county audiUJl shall keep
full and complete record of all proceedings
had in each case under this act,
Sec. 8. That the auditor and surveyor or
engineers shall be allowed 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 expen-
ses, costs OF construction, fees and compensation
for property appropriated, which shall accrue
and be assessed and be determined under this
act shall be paid out of the county treasury, out
OF the general fund on the ordersof the county
auditor, provided that no part of the same, ex-
cePt tne compensation for property appropriated
shall be paid out OF the county treasury till the
sum shall have been levid and collected ss pro-
yided In the next section of this act.
Sec. 8. That the county commissioners shall
make an equitable apportionment of the costs,
expenses, cost Of construction. fees and compen-
sation for property appropriated, which shall
accrue and be assessed and determined under