Western Reserve chronicle. [volume] (Warren, Ohio) 1855-1921, 1859-05-11
WHOLE NO. 2223.

! in the hands of the county surveyor or eompe-
/ tent engineer, who shall thereupou, taking with
him the necessary assistance, proceed to make an
accurate survey of the route Of such proposed
ditch. drain or water-course, and on the compile
tion thereof, shall retGTn plat or plat and pro-
file of the same to said county auditor. andshall
also set forth in his return a description of the
proposed route, its availability apd necessity.
with a description of each separate tract Of land
through which the same IS proposed to be lOca-
ted. how it will be affected thereby, and its sit
uation and level as compared with that of ad-
joining lands, together with such other facts az
he nav deem material. 1t shall be the duty Of
the county auditor Immediately on said report
being fled, to cause notice in writing to be Civ
en- to the owner. or one Of the owners of each
tract of land along the route Of such proposed
ditch, drain water-couTse, of the pendency 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
at least ten days prior to said session, and an
affidavit of said service fled with the county au-
ditor; and in case any such owner is not resi-
dent of the county. or should any party or par
ties IN interest die during the pendency Of said
proceeding, such death shall not work an abate-
ment of such proceeding. but the county COM
missioners on being notified thereof. shall make
such order as they may deem proper for giving
notice to the person or persons succeeding to the
right of such deceased party or parties, and no.
tice of the pendeney and prayer Of said petition
and the time of hearing shall be given to such
owner or persons, by publication for two consec-
utive weeks in some newspaper published or Of
general circulation in said county.
Sec. 3. That any person or persons claiming
compensation for lands appropriated for the pur-
pose of constructing any ditch, drain or water
course under the provisions of this act, shall
make his. her or their application IN writing
therefor to the county commissioners, on or be-
fore the third day of 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
compensation.
Sec l. That said county commissioners. at
the session set for the hearing of said petition.
SHALL if they find the requirements of the second
section of this act to have been complied with,
proceed to hear and determine said petition; and
if they deem it necessary shall view the premises
and if they find such ditch drain or water-course
to be necessary, and that the same is demanded
by or viii be conducive 10 the public health
convenience or welfare. and no application shall
have been made for compensation a. provided in
the third section Of this act they shall proceed 20
locate and establish such ditch, drain or water
course the route specified in the plat and
return of said county surveyor or engineer. But
if any application or applications for compensa-
tion IS aforesaid, shall have been made, further
proceedings by the county commissioners shall
be adjourned till their next regular session; and
the county auditor shall forthwith certify to the
probate Judge of said county copy or copies of
said application or applications, together with
4 description or descriptions of the property
sought to taken and appropriated, as contained
in the plat or report of the county surveyor or
engineers; which shall be forthwith docketed by
said probate judge, styling the applicant or ap-
plicants plaintiff oa plaintiffs. and the county
commissioners defendant; and such proceedings
shall thereupon be had to assess and determine
the compensation of such claimant or claimants,
as are authorized and required by the act entitl-
ed ''an act to provide for compensation to the
owners of private properly appropriated to the
use of efcorpOrations,' passed April 30, 1852, and
the acts amendatory thereof and supplementary
thereto, so far as the same may be applicable;
and the compensation so found and assessed in
favor of said claimant or claimants shall be GER
titled by the probate Judge to the countp audit
or and paid out of the county treasuey. from the
general fund orreInain 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, pro-
ceed to locate and establish such ditch. drain
or water-course as herein before provided.
Sec. 5. That said county Commissioners.
ditch. drain or water-course, shall divide 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 line within which the work upon
such sections shall be completed.
Sec. 6. That the county auditor. shall cause
notice to be given TO the time and place of let
ting, and of the kind and amount Of work to be
lone upon said sections and the time fixed BY
-ba
ication for thirty days. in some newspaper
printed. of general circulation. in said county
md shall let the work upon said sections re-
'pectively to the lowest bidder therefor; and tho
person or persons taking such work at s,lch let
ing. shall, on the completion thereof to the
of the county commissioners, be
oaid for sucn work out of the county treasury
lpon the order of the county auditor; provided,
hat nany person or persons to whom any lor-
ion of said work shall be let as aforesaid. shall
all to perform said work, the same shall be re-
et by the county auditor, in the manner heIe-
nbefore proAided.
Sec. T. That the county auditor shall keep
full ond complete record Of all proceedings had
n each case under tnis act.
Sec. 8. That the auditor and surveyor or
ugineers shall be allowed such fees for services
inder this act rs the county commissioners
ball, in Zach case. deem reasonable and allow;
md all other fees and costs accruing under this
et shall be the same as provided by law for
Ike services in Othar cases, and all costs. ex-
lenses. costs ofeonstructiOn, fees and cOmpeusa-
ion for property appropriated. which shall ac-
rue and be assessed and be determined under
his act shall be paid out Of the county treasury,
ut of the general fund on the order Of the coun-
: auditor, provided that no part of the same
xcept the compensation for property appropri-
ted. shall be paid out of the comfy treasury
i'll the sum shall have been levied and collected
S provided in the next section Of this act.
Sec 9. That the county commissioners shall
make an equitable approtionment of the costs,
expenses, cost of construction, fees and compens-
tion for property appropriated, which shall ac-
rue. and be assessed and determined under this
c.. among the owners Of the land benefited BY
he location and construction Of such ditch,
rain or water-eourse, in proportion to the bene-
i to each Ofthem through, along the line or IN
be vicinity of whose lands the same NAV be
,cated and constructed respectively: and the
anne shall be levied upon the lands Of the own
IS so benefited. in said proportions, and coli
'cted IN the same manner that other taxes are
WED and collected for county purposes.
Sec. 10. The act entitled ian act authorizing
lie trustees of townships to establish water
purses and locate bitches in certain cases.. pass
I May /, 1854. and the act aTuendatory thereto.
aSsed April H. 1851. and the original act rass-
February d. 1853, on the same subject. ara
ereby repealed; provided. that no proceedings
ad or commenced under any law repealed by
lis act shall be affected by such repeal.
Sec H. This to take effect from and af-
r its passage.
WILLIAM B. WOODS.
Speaker Of the House of Reprs rssentatives-
MARTIN WELKER,
President Of the Senate,
March %. 1859.
SECRETARY OF SrArr's OFytcrl