The Hancock Jeffersonian. [volume] (Findlay, Ohio) 1857-1870, 1859-04-08
Laws Of ohio.
rustisusv ~ aurHoRtry.I
a.. AN ACT

MOL AN ACT
To provide for locating, establishing, and
constructing bitches, drains, and water.
ceurses.
sxcrtor I. BE u enacted by the Gene,sl
Assembly OF the state Of OHIO, That the
County Commissioners OF any county shall
have power. at any regular session, when.
ever, in their opinion, the same is demand
ed by or will be conducive 10 the public
health, convenience, of welfare, 10 cause to
be established, located. and constructed, as
hereinafter provided, any ditch. draln, or
water. coursc within such county.
Sac. 2. Thst before the County Commis-
sloners Of any county shall take any steps
towards locating or establishing any ditch,
drain, OF wster. course, there shall be filed
with the Courty Auditor a petition from
one or more persons owning lands adjacent
n the line Of such proposed ditch, drain, or
water course, setting forth the necessity Of
the same, with description Of lis proposed
stsrting point, route, and terminus. aud
shall. a. the same time, file q bond with good
end sufficient sureties to the acceptance oi
the County Auditor, conditioned 10 pay all
expenses incurred, in case the Commission
ers shall refuse 10 grant the prayer OF the
petition. md 1t shall be the duty OF the
County Auditor, Immediately thereafter, TO
place a cortee, copy of said petition in the
,nn, Ens;nso, who shall ,hereunon. taking
Iii, lin ,b,. ncc.,saty assistance. nroceed
IN make an accurate survey of the route Of
sucI nronosed ditch. drain. or water. course,
md an tbr oo,nplction thereof. shall re urn
n'ai or Mats and profile of the same TO said
County Auditor, and shall also set forth IN
his return A description or the proposed
route lis availability and necessity, with q
Jesctintion of each separate tract of land
th,ourb which the same is proposed to b.
located, how il will be affected thereby,
and ms situation and level as compared with
that of adjoining lands, together with such
other facts as he may deem material II
shall b. the duty Of the County Auditor, i'm
mediately on said report being flied, To cause
notice in writing to be gwen to the owner
or one of the owners of each tract Of land
along the route Of such proposed ditch,
drain. or water course, of the tendency 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 al least ten days prlor 10 saiu
session, and an affidavit OF said service hled
with the County Auditor; ana IN case any
such owner is not resident oil the county,
W ""y t'''J w ~ '''N' ''N
during The penuency oil SAID proceeding,
shch death shall not work all abatement Of
such ptocee ding, ,butthe County Commission.
ers on being notified thereof, shall make such
order as stheym may de improper for giving no.
tice 10 the person or persons succeeding to
the night Of such decea"ed party or parties.
aud notice oil the pendency aud prayeroi sad
petition and the time OF hearing the same
shall be gwen to such owner or persons, by
publicaron !or two consecutive weeks III
some newspaper published or OF general CIR
cula ION IN SAID county.
SEC. 8. That any person OF persons ella M
ING compensation rol lands appropriated for
the purpose OF constructing any ditch, drain,
or water'coufse under the provisions OF this
act, shall make hls, her, or their application
III Writing Therefor TO The County Conlm's'
sloners, on or before the third day oil the SEES
son at which the petition has been set io
iof nearing, ana on iai'ufe 10 make such ap
plication, shall be deemed and held to have
wa'ved his, her, OF their right to such com
pensatlon.
SIC. 4. That said County Commission
ers, at the session set for the hearing of sn,,
petition. shall. IL th,y find IN. rruu,r.m.n #
of In. second section of this act To hay
been COMPLIED with. procerd 10 hror and Al,
termine sa,d petiiion: and if th,y deem
necessary shall view the premises and /
they find sucb ditch. drain or water. c,urs
10 be necessary. and that the sam. is do.
manded BY or will be conducive To the nub
lie health. convenience. or welfare. and n,
application shall have b.eu made for ram
nensation as nyovid,d in Tie third s.c,ion a
This act, they shall proceed 10 locate M es
tablish such ditch. drain or wnter conrs. n
the route sp.ci6ed in The Mai and return :
said county Surveyor or Engineer. Rut
any application or applications for compen
satlon ms aforesaid. shall have been mad,
urtt er proceedines by the county Commis
sinners shall be adjourned ull their ne,
regular session; and the County Audit,
sholI Conhwitb certify TO IN. proha,e ImI,
q: said county a copy Or comic, of soId nm
pleation or applications. together with
j. scription or dissertations of the proner,
SON hi to be taken and annronriotrd. n, con
tanned in Tie plot or report of The Conn,
Surveyor o, Engineers: which shall he Ia,tb
with dock.teI by said prohot. JnJga
styling the opulicant or opplicants nIa;nI,
or pla,ptitrs. and The Comrtv Commis.,ons, .
defendant, and such nrocesd,ngs sha
theteupon he had 10 assess and a,.,e,m;r :
the comneusationo of such claimant a., cIa,n
ants as are autboriz.d and renn,r.d iv :,
sct entitled "an sct TO prov,de for com,s ~
sation TO the owners of private nrone,,v n,
propfiated 10 the use of corpototion,
passed April 30. 1852. and the acts amen,
atoY lhereol and supplementary therein
far as The same NAV be annlicohIA. ,nJ ,h
cnmpensation SO found and ,s,.ssed N f,y,
Of said claimant or claimants shall be cert
fed by the Probate Judpe 10 tbe Coun,
Auditor AMI no,d ont of tb,. coun,v ,,sas,,,
from the general fund or remain denos,,.
therein for the use ofsuch claimant mr. ri I'm
ants; and said County CommissioneIs sh, i
st the next regular session after sncb cnm
pensarion shall have been assessed and mai
or deposited as Aforesaid. nrocred IN Inca,
aud establish such ditch. dram. oT wat,
cuIse as herein before nrovided
Syc. That said C.n,nty lnmm;e.;o,.,
wheneyer tbey shall have esinhl,sb,J an
such ditch. drain n, wa,sr .cn,,s'. shau "ii ~
vide The same inio s,iiahIs sac,;nns W. :"
less in number than the nnmhs, ".' os n,.,,a u,
Of land Though which The same nav bs H.
Gated, and shall also nTescT,h,. ~. y. a." ~
..,,,hi, .,h;.k - - r"S N"S ''"'