Dayton daily empire. [volume] (Dayton [Ohio]) 1850-1865, 1859-04-23

hesh made for conpsnbntion as provided In the
Third section Of ibis act, they shall proceed to os
rate and establish such dilon, drain or, wator
course on tho route specified 10 the plat and re-
turn Of said county surveyor or engineer. But Il
any application or application f0r compensation
as Aforesaid, shall have been made, further pro-
coedings by tho county commissioners shah be
adjourned TIL their next regular session; and the
county auditor thall forthwith certify 10 the pro
bate Judge OF said county COPY or copies Of said
application or applications, iogsther with de-
scription or descriptions Of the property sought to
be taken and appropriated ns contained IN the pat
or report Of tho county surveyor or engnoerl
which shall be forthwith dooketod BY said probate
judge, styling the applicant or applicants plaintiff
or plainths, and the county commissioners defends
anti and such proceedings shall thereupon be had
to assess aud determine the compensation Of such
claimant or aimants, as are authorised and re-
/ quirod by the act entitled "nn nct 10 provide for
compensation to the ownors Of private property
| appropriated to the use Of corporations" passed
| April 80, 1852, aud tn acts amendatory thereof
aud supplementary thereto, so far MS the sane
may be applioa hle and the compensation SO found
and assessed in favor Of said claimant or claim
ants shall be certified by tho probate judge to tho
county auditor and paid cut of tho county treasu.
ry from tho general fund, or remain Deposited
the Elm for the use Of such claimant or claimanFf
and said county commissioners fhail, at the next
regular session aftor such cOmpeusation shall baye
been assessed and paid or deposited as aforesaid,
proceed 10 locate and estabish such ditch, drain
or wator course as herein before provided.
Sec. 8. That said county commissioners, when.
ever they ohall have established any such ditch,
drain or water course, shall divide the same iuto
suitable sections, not less iu number than tho mum.
bers Of owners Of land through which the same
may be located, and shall also prescribe the time
within which the work upon such sections shall be
completed.
See. 9. That tho county auditor shall cause
notice 10 bo given OF the time aud place of letting
and Of the kind Ond amount Of work to be done
upon said sections, and the time fixed by the COM
missioners for its completion, by publication for
thirty days, In some newspaper printed. or Of
general circulation in said county, and shall lot
the work upon said sections respectively To the
lowest bidder therefor; and the per on or persons
taking such work at suth letting shall on The
completion thereof to the saEfaction OF the coun.
" commissioners, DO paid FOR such werk out of The
county troasn4Rapon the order Of the county audi
tor; provided, that if nny person or persons 10
whom any por.ion Of said work sbalt be let as
aioreseid, shall fail to perform said work the satno
shal DO re-letby NE county nuditof, ia the man
ner hereinboiora profld6a.
Sec. Z. That the county audiior shep keop
fall rnd complete record af alf ffcteadiur kad IA
each case under this act.
SEQ. D. That the auditor and surveyor and en-.
ginoera shall bo allowed such foes for Eeryices I'M
der this net, as the county commissioners shall In
each case deem reasonable and allow; and ali 9th
shall
the same as provided by law for like services in
other cases, and all costs, expenses costs of con-
struotion, fees and compensation for proptrty an
proprated, which shall accrue and be nssesssd ana
be determined under this act shall be paid cut of
tho county treasury, out Of the general fund on
the order of tho county auditor, provided TINT no
part Of the same, except the compensation for prop
erty appropriated, shall be paid out of the county
treasury till tho sum shall have been levied and
collected as provided in the next session OF this
act.
Sec. g. That the county commissioners shall
make an equitable apportonmont Of the costs, ox-
penses, cost of construction, fees and oomponsa-
ton for property appropriated which shall accrue,
and be assessed and be determined under this act,
among the owners OF the land beneft.ed by the lo-
cation and construction Of Of such ditch, drain Of
water course, in proportion 10 tho benefit 10 each
Of them through, along the line or In the Vicinity
Of whose landa tho same may be located and con.
straotsd respectively; and tie same shaliboldvi,d
upon The lands Of the owners 80 benedllod 81 aid
proportions, and collected IN the same laaatif
that other taxes are levied and collected for co.a
ty purposes.
Soc. 10, The aot otsntitled "en act authorizing
the trustees Of townships to establish water cour
sss and locate ditehes IN certain c6ses,V passed
May !, 1855, and the act amendat5ry thereto. I
passed Apri Ia, 1857, end the originai act pa.ssd
February "a, 1858 on the same subject are hero
by ropoalodi provided, that no edings had or
commenced under any law repealed by this net
shall be affected by such repeal.
Sec. IL. This act to take eIeot from and after
its passage
WILLIAM d, WOODS,
Speaker Of the House of Representatives
MARTIN WELKER,
President Of the Senate.