The spirit of democracy. [volume] (Woodsfield, Ohio) 1844-1994, 1859-05-18

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penses incurred by the construction of so much
thereof as serves as partition fence, or one
half the value of such fence at the time such
inclosure may be made, as the case may he, and
whenever any such lands shall have been in
closed by the owner or occupier thereof in such
manner that the inclOsing fence, in whole or
in part, may be made to answer the purpose
of inclosing such railroad, the railroad COM
pany or other party having the control and
management of the road, may join its forces
thereto upon paying to such owner or occupy
er one half the cost or one-half the cash value
of so much of sucll fence as serves to inclose
the railroad, and in all cases. where either the
railroad company or other party having the
control and management of a railroad, or the
owner occupyer of lands adjoining, shall re-
fuse to pay, required by the provisions of
this section, one-haf the cost or one one-half
the cash value of so much fence as shall have
been built by the other, and serves the double
purpose of inclosing the railroad and the adj
joining lands, the same may he recovered be-
fore any court of competent jurisdiction in
civil action.
Sec. 3. That when such fences are duly
made, they shall be kept in repair in all res
poets partition fences now by law
quired to be kept in repair. ss-
be held to affect in any manner any contract
or agreement between any railroad company
or other party, having the control and man
agement of railroal, and the proprietors
occuryers of lands adjoining for the
struction and maintenance of fences, cattle
guards and railroad crossings. -...
| Sec. s.. That if any RAILROAD company, or
other party having the control and manage
ment of a railroad, shall neglect refuse to
| construct such fences, cattle guards eros
sings or to keep the same i'll repair, as pres
cribed 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
railroad company shall forfeit and pay for each
and every day that said company or other
party shall refuse or neglect to comply with
the foregoing provisions of this act, any sum
not EXCEEDING fifty dollars per-day to be re-
covered in a civil action in the name of the the
State of Ohio for the use OF the county in which
suit is brought.
Sec. 6. This act to take effect and be in
force from an after its passage. .
! S. w. gibson a
Speaker protein. of House of Representatives.
| MARTIN WELKER
! President Of the Senate.
March %, 1859. 81.
mo. sS.l. sss AN ACT ....
To provide for locating, establishing and con-
structing bitches, drains and water-cour-
! seS. . .. r.... ..
Section ! Be ii enacted by the General rs
| Scmbty Of the State Of Ohi0, That the county
commissioners ofany county shall have power
at any regular session, whenever, in their opin-
ion, the same is demanded by or will be con-
ducive to the public health, convenience or
To fo h., ,ta1l li:ha tod
and constructed, as hereinafter provided, any
ditch or water-course within sucI county.
Sec. =. That before the county commission
ers of any county shall take any steps towards
locating or establishing a ditch, drain or water
course, there shall be fled with the county
auditor a petition from one or more persons
owning lands adjacent to the line of such pro-
posed ditch, drain or water-course, setting
forth the necessity OF the same, with des
cription of its proposed starting point route
and terminus, and shall, at the same time, file
a bond with good and sufficient sureties to the
acceptance of the county auditor conditioned
to pay all expenses incurred, it case the com
missioners shall refuse to grant the prayer o
the petition, and it shall be the duty of the
: county auditor Immediately thereafter to plac,
correct copy of said petition in the hands o
the county surveyor or competent engineer
who shaN thereupon, taking with him III,
, Necessary assistance, proceed to make an ac
. lcurate survey of the route Of such prol os sec
ditch, drain, or water-coursc, and on the com
pletion thereof, shall lie urn a plot and proil
, of the same to said county auditor, and slial
also set forth in his return a description o
the proposed route, its availability and neces
sity. with description ef each separate trac
c | of of land through which the same is proposed
to be locate |, how it will be affected thereby
3 and its situation and level rs compared will
: that of adjoining lands, together with sue
other facts as he may deem mat srial. 1t shal
be the duty of the county auditor, immediate
ly on said report being filed, to cause motto
> in writing to be given to the owner, or one Q
the owner of enGh tract of land along the rout
y y OF such proposed ditch, drain or water-cours
of the pandency and prayer OF said peti itiOr
n and of the time of the session of the count
commissions at which the same will be hear
which notice shall be served at least ten day
prior to said session, and an affidavit of sal
service fled with the county auditor; and i
case any such owner is not a resident of til
county, should any party or parties in il
terest die during the pendency of said pro
ceeding, such death shall not work an abatt
5 ment of such proceeding, but the county com
missioners on being notified thereof shal
= make such order as they may deem proper fo
: giving notice to the perton or persons succeed
: ing to the right of suCh deceased party or pal
t ties, and notice of the tendency and prayer
5 said petition and the time of hearing the sam
n shall be given to such owner persons, b
+ publication for two consecutive weeks in som
n newspaper published or Of general eirculatio
l. in said county. s... a.. ..
d Sec. 3. Thatany person or persons claim
h ing compensation for lands appropriated for th
l. purpose Of constructing any ditch, drain
d water under the pro, isions of this &C
/ shall make his. hers or their APPLICATION
: writing therefor to the county commissions,
r on or before the third day of the session
e which the petition has been set for hearin
d and on failure to make such application, sha
IS be deemed and held to have waived his, her
n their right to such compensation.
l. Sec. 4. That said county commissioners,
= the session set for hearing of said petition
l. shall, if they find the requirements of the Sc
5, ond section of this act to have been compile
y with proceed to hear and deternine said p
Y, tition; and if they deem it necessary sha
Il view the premises, and if they find such ditcl
j. drain or water-course to be necessary, an
IL that the same is demanded by or will be col
If ducive to the public health, convenience
a welfare, and no application shall have bee
d..l