The weekly Portage sentinel. [volume] (Ravenna, Ohio) 1854-1861, 1859-06-09

| county.
Sec. 3. That any person or persons
claiming compensation for lands appropria.
ted Tor the purpose Of constructing any ditch
drain or water-course under the provisions
OF this act, shall make his, her or their ap-
pllcation in writing therefor to the county
commissioners, on or before the third day oil
the session at which the petition has been
set for hearing, and on failure to make such
application, shall be deemed and held to have
waived, his, her or their right to such com.
pensation.
Sec. 4. That said county commissioners,
at the session set for the hearing of said pc.
titlon, shall, if they find the requirements oi
the second section of this act to have been
complied with, proceed 10 hear and deter.
mine said petition; and if they deem it me-
cessary shall view the premises, and if they
find such ditch, drain or water. course to be
necessary, and that the some is demanded by
or will be conducive to the public health,
convenience 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 said
ditch, drain or water course on the route
specified in the plat and return of said coun.
ty surveyor or engineer. But if any appli-
cation or applications for compensation us
aforesaid, shall have been made, further
proceedings by the county commissioners
shall be adjourned ill their next regular
session; and the county auditor shall forth
with certify to the probate Judge of said coun-
ty copy or copies OF said application or up-
plicatons, together with description or de-
scriptions of the property sought to be taken
and appropriated, as contained in the plat or
report of the county surveyor or engineers !;
which shall be forthwith dcckeled by said
probate judge, styling the applicant or appli.
cants plaintitf or plaintiffs, and the county
commissioners defendant; and such proceed
ings shall thereupon be had to assess and
determine the compensation of such claim
ant or claimants, as are authorized and re.
quired by the act entitled "an act to provide
Tor compensation TO the owners of private
property appropriated to the use of corpora
tons," passed April 80, 1852, and the acts
amendatory thereof supplementary there
to, so far as the same may be applicable; +;
| and the compensation SO found and assessed
in favor Of said claimant or claimants shall
be certified by the probate judge to the coun {.
ry, from the general fund or remain deposited
therein for the use of such claimant or
claimants; and said county commissioners
shall, at the 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 hereinbefore provided.
Sec. 5. That said county commissioners,
whenever they shall have established any
such ditch, drain or water.course, shall d.
vide The same into suitable sections, not less
in number than the numbers OF owners OF
land through which the same may be located,
and shall also prescribe the time " thin which
the work upon such sections shall be COM
pleted.
Sec. 6. That the county auditor shall
cause notice to be given of the time and place
of letting, and of the kind and amount OF
work to be done upon said sections, and the
time fixed by the commissioners for its com.
pletion, by publication for thirty days, in
some newspaper printed, or of general circu.
latlon, in said county, and shall let the work
upon said sections spectively to the lowest
bidder therefor and the person or persons
taking such work at such letting, shall, on
the completion thereof to the satisfaction of
the county commissioners, be paid for such
work out of The county treasury upon the
order of the county auditor !; provided, that if
any person or persons TO whom any portion of
said work snail be let as aforesaid, shall full
to perform said work, the same shall be re. let
by the county auditor, in the manner herein.
before provided.
Sec. 7. That the county auditor shall
keep full and complete record of all pro.
ceedings had in each case under this act.
Sec. 8. That the auditor and surveyor OF
engineers shall be allowed such fees for ser.
vices under this act, as the county commits
sloners shall, in each case, deem reasonable
and allow and all other fees and costs &C.
crung under this act shall be the same as
provided by law for like services in other
cases, and oil costs, expenses, costs of con.
struction, fees and compensation for proper
ty 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 order of the county
auditor, provided that no part of the same,
except the compensation for property appro.
priated, shall be paid out of the county treas
Ury till the sum shall have been levied and
collected as provided in the next section of
this act.
Sec. 8. That the county commissioners
shall make an equit, BILE apportionment OF
the costs, expenses, costs of construction,
fees and compensation for property appro-
prated, which shall accrue, and be assessed
and determined under this act among the
owners OF the land benefited by the location
and construction of such ditch, drain or wa.
ter.course, in proportion to the benefit to
each of them through, along the line or in
the vicinity of whose lands the same may be
located and constructed respectively and
the same shall be levied upon the lands of
the owners SO benefited, in said proportions,
and collected in the same manner that other
taxes are levied and collected fur county
purposes.
Sec. 10. The act entitled "aD act gu.
thorizing the trustees of townships to estab.
lish water courses and locate bitches in Ger.
tain cases." passed May l, 1854, and the act
amendatory thereto, passed April ID, 1857,
and the original act passed February "a,
1853, on the same subject, are hereby re-
pealed provided, that no proceedings had
or commenced under any law repealed BY
this act shall be affected by such repeal.
Sec. IL. This act to take effect from and
after its passage. ..,
WILLIAM B. WOODS,
Speaker of the House of Represe ntatives.
... MARTIN WELKER,
President of the Senate.
March "a, 1859.
No. 80. AN ACT
To appropriate the proceeds Of the sale of
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