The Perrysburg journal. [volume] (Perrysburg, Ohio) 1853-1861, 1859-04-14

~ having the controland management Of railroad. |
shall neglect refuse 10 construct such fences cat
tie guards crossings 10 keep the same in repair
N prescribed in the foregoing part Of this act, |
after thirty days previous notice or request to do
the same made in writing by any person) such rail
road company shall forfeit aud pay for euoh aud
ry day that said comrnny other party shall refuse
or neglect to comply with the foregoing provisions of
this act, any sum notcSceednB fifty dollars per day,
to he recovered In civil action In the name of the
state OF ohio for the use Of the county in which suit
Is brought.
sGcG 6. This act shall IKE effect and be in force
from aud after its passagc
Speaker, pro tenn of tho House of Representatives
MARTIN WELKEK
President Vi tho senate
March 25, 1850.
TNo.b81 AN ACT
10 provide forochtiug establishing and constructing
bitches, Drains and Watcr-coutscs
SEGriuS /, Be il enacted By the General Issembiy
oJMe state IF OhiQ That the CO. commissioners, any
county shall have power at any regular session when
ever In their opinio the same is demanded by or will
he conducive TO the public health, convenience or
welfare, to to be established located aud con
structed, as hereinafter provided any ditch dr9in or
wutcr.Uourse within such county.
scc 2. That before the county cummiss Oners OF
any county shnll take any steps towards locating
establishing any ditch drain or water.course, there
shall be fled with the county AuditOrn petition from
one or more persons owning lands adjacent to the
line of such proposed ditch. drain water course,
setting forth the necessity of the same, with de.
scriptou Otis proposed starting point route and ter
minus, and shall, at the same time file II bond with
good and sufficient sureties to the acceptance OF
tho county AUDITOR conditioned to pay all expenses
incurred in ease the commissioners shall refuse to
grant the prayer of the petition it shall be the duty
OF the county Auditor immediately thereafter to place
correct copy OF said petition in the hands OF the
county surveyor, or competent engineer who shall
thcreupon, taking with him the necessary assistance.
proceed to make an accurlc survey of the route of
such proposed ditch, drain water course, and on
the completion thereof shall return plat pllts aud
profile OF the same to said county audtor and shall
also set forth IN his return description of the pro
posed route, its availability and necessity, with de-
sCrpton OF each separate tract o lane through which
the sameis proposed to be located how will be aec
ted thereby and its situation and level compared
with that oi adjoining lands together with such other
facts as he may seem material. IL shall be the duty
of the county auditor Immediately on laid report
being fled to cause notice in writing to be given
to the owner, or one of the owners of each tract
of land along the route of such proposd ditch
drain or water course, of the pcndcnc, and prayer
of said petition and of the time OF the session of
the county commissioners. ut which the
will be heard, which notice shall hc served at
least ten days prior to said session, and an af-
idnvit OF said service filed with the county Au-
ditUr; and in any such owner Is not res
lent Of the county, or should any party parties
III interest die during the pcndency of said pro-
cccdng, such death shalt not work an abatement of
such proceeding but tho county commis ssioners on be-
ing notified thereof. shall make such order MS they
may deem proper for giving notice to the person or
persons succeeding to the right OF such deceased
y or parcs, and notice of the pcndency ap. prayer
OF said petition aud the time of hearing the same
shall he given to such owner or persons, by puhca
tiop for two consecutive weeks in some newspaper
published or of general circulation in said county.
sec. !. That any person or persons claiming COM
ponSntion for lands appropriated for the purpose Of
constructing any ditch drain or wacrcourso undor
the provisions of this act shall mako his, her their
application in writing therefor to the county comms
siuncrS before the third day the session which
the petition has been sot tor hearing nnd on failure
TO make such application, shall he doomed and held to
have waived his, her or their right to such compensa
ton.
See. 4. That said county commissioners, at the
session SGT for tho hearing of said petition, shall ii
they tud the requirements OF the second section of
this act to have been complied with. proceed hcar
and determine said petitions; andi they deem it noe
csSary shall view the premises and II they find such
ditch draiu water course to be necessary, and that
Tho Same is demanded by, will he conducive to the
public health convenience or welfare, and no appli-
cation shall have been made tor compensation pro-
yidad in the third section of this act they shall pro-
ceed to ocar AMI establish such ditch, drain water
course the route specified in the plat and re-
turn of sadcOuutv surveyor engineer Eut iany ap
plicatiun oi applications for compensation as nfore-
said, shall have hoon mrde further proceedings by
the county commissioners saail be adjourned Ill their
next regular scss on; aud the county auditor shal
forthwith certify To the probate judge of said county
a copy or tOnics OF said application Or applications
together with description descriptions of the
property sought TO be taken and appropriated, as
contain in the plat report oS the eouAty survey.
engineers; which shall be forthwith docketcd
10y adpruhAte jodgo, ,tylmy the applicant II app
cnnts pmntifor plaintiffs aud the county commission
crs detendcuts; aud such proceedings shall thcreupou
be had 10 assess anl determine the comptnS ltua Of
such claimant or claimants, authorized and re-.
quircd by the act entitled AN act to provide for COM
pcnsaun to the owners of private property nppropr.
ated To the of corporations passed April ~ lS52
asd the pcts ameudntorN thereof and supplementary
thereto; So tar as the same may be applicable and the
compensation found aud assessed In favor of said
claimant lnants shall be certified by the probate
Judge 20 the county auditor and paid out OF the coun
ty treasury from the general mnd or remain dcposi.
ted therein Tor the use OF suca claimant or claimants
aud said county commissioners shall atthe next rcgu.
lar session after such compensation shalt have been
assessed and pald ordepoStcd "a aforesaid proceed
Il TO locate and establish sach ditch draiu or water.
J course as hereinhetorc provided.
! SEC. ). That said county commissioners whenCv-
cr they shall have established any such ditch, draiu
or water-course, shall divide the same into suitable
sections not less in number than the numbers Of own
Crs of land through which the may bc located,
aud shall also prescribe the timc within which the
work upon such sections shall he completed.
$50. g. That the county aHltOr shall cause notice
to I've given Of the time aud place ofcttn and of the
Kinda aud amount of work Ia lac done upon said see,
tonS, and the timo hNed 10y the cowniS soners for its
\ completion, by publication for 30 DAYS in
paper printed or of general circulation In suid couu
ty and shall let the work upon said sections rcspcc
lively to the lowest bidder therefor; anl the person
or persons taking such work ~ such letting shall ON
the completion thercot to the satisfaction OF the
e'unty commissioners, b. paid for such work out OF
the county treasury upoa the order OF the county au-
ditor provdedhat Il any person OF persons to whom
any portion of said work shall he let az aforesaid
shall fail 20 perform said work, the same shA be re-
let by the county auiitOru the manner heren before
provided.
SKC Z. That the county auditor shall keep full
aud complete record of all proceedings had in each
case under this act,
Il SEC, y That the ouditorand surveyor or engineers
shall he allowed such fees for services under this act
as the county commissioners sha in each case dee
reasonable aad aloW and all other fees aud ac.
crung under this act shall he the same provided by
law Tor like services in other eases and all costs
peuscs cost OF construction fees aut compensate on
Nr property appropriated, which shall accrue aud be
assessed and be determined uader this aoi, shall he
paid out OF the county treasury aut of the general
ud On the order ut the 90 nty auditor provided that
40 part OF the Samo, except the compensation for
property appropriated sAlll he paid Out ot the
~ trOasury till the sum sdal have heeH levied aRl