The Cadiz Democratic sentinel. [volume] (Cadiz, Ohio) 1854-1864, 1859-04-20

same into suitable sections, not less in numhsr
than the number 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.
Sec. 6 That the county auditor shall cause
notice to be given of the time and place Of let.
ting and of the kind and amount Of work to be
done upon said sections and the time fixed By
the commissioners for its completion by publ.
cation for thirty days, in some newspaper print.
ed or Of general circulation in said county. and
shall let the work upon said sections respective
ly to the lowest bidder therefor; and the person
or persons taking such work at such letting,
shall, on the completion thereof 10 the satisfac.
ton of the county commissioners be paid for
such work out of the county treasury upon the
order OF the county auditor; provided, that if
any person or persons to whom any portion Of
said work shall be let as aforesaid. shall fail to
perform said work, the same shall be re.let By
the county auditor, in the manner hereinbeforu
provided.
Sec. Z. That the county auditor shall keep
full and complete record of all proceedings had
in each case under this act.
Sec 8. That the auditor and surveyor or en-
gineers shall be allowed such fees for wrvices
under this act, as the county commissioners
shall, in each case, deem reasonable and allow;
and all other fees and costs accruing under this
act shall be the same as provided by law for ike
services in other cases, and all costs, expenses,
costs Of construction, fees, and compensation for
property appropriated, which shall accrue and
be assessed and be determined under this act,
shall he paid out Of the county treasury, out Of
the general fund on the order Of the county
auditor, provided that no part Of the same, ex-
cept the compensation for property appropria.
foJ hall ho q ,tnfk he
the sum shall have been levied and collected %
provided in the next section Of this act
Sec. 8. That the county commissioners shall
make an equitable apportionment Of the COSTS
exp nses, cost of construction, fees and COM
pensation for property appropriated, which shall
accrue, and be assessed and determined under
this act, among the owners Of the land benefit
ted by the location and construction of such
ditch, drain or watercaurse, In proportion to the
benefit to each Of them through, along the limo.
or in the vicinity Of whose lands the same may
be located and constructed respectively; and tho
same shall be levied upon the lands Of the own.
erS so benefited, in said proportions and col
lected in the same manner that other taxes are
levied and collected for county purposes.
Sec, 20. The act entitled IAN act authorizing
the trustees of townships to establish water
courses and locate bitches in certain cases" pas
sed May /, 1854 and the act amendatory there
to. passed April IA, 1857, and the original act,
passed February "a, 1853 on the same subject,
are hereby repealed provided, that no proceed
ings had or commenced nnder any law repealed
by this act shall be affected by such repeal.
Sec. IL. This act to take effect from and after
its passage.
WILLIAM B. WOODS,
Speaker of the House of Representatives.
MARTIN WELKER
President Of the senate.
[No.92.l ..
AN ACT
Providing for enclosing Railroads by Fences and
Cattle Guards.
Sec. !. Be it enacted by the General Assem-
bly, Of the State Of Ohio, That every railroad
company or other party having the control or
management of railroad, the whole or part
of which shall be located within this state, shall
and is hereby required, within two years after
the passage of this act, or within two years af.
ter commencing to run cars thereon for tho
transportation of passengers or freight. to con-
struct and maintain good and sufficient fences
on both sides of such roads, or such part there
of as shall I've in running order and located in
this state also to make and maintain sufi.
cient number of suitable crossings for the &C.
commodation of the public, and Of persons liv-
ing near the lineof such railroad; together with
the necessary cattle guards to preventca and
other animals from endangering themselves and
the lives of passengers by getting upon such
railroad, and such company shall be liable for
all damages which may result to horses, cattle
or other domestic animals by reason of want or
insuficiency of such fences, road crossings or
cattle guards. or By any carelessness or neg
igence of such company, or party, or agent
or agents thereof and no person shall ride, lead
or drive any horse COW or other domestic ami
NAL into such inclosure and upon such railroad
track, without the consent OF such company or
party ander penalty Of fine not exceeding ten
dollars for every such off nseto be reco' cred by
such corporation or party in an action before
justice Of the peace OF the proper township, and
the liability of all damages which may be there
by occasioned; provided that whenever such
railroad shall pass through or along the boun-
Diary ofany inclosed field or fields, the proprie-
tor or proprieters Of such inclosed field or fields
is hereby required to construct one half the fence
necessary to partition such mclosed lands from
the railroad, and the construction ofthe same
maybe in forced in the same manner as are tho
partition fences between two or more individu.
al boundaries; provided further, that any person
or persons desiring private crossing or cross-
ngs and cattle guards as contemplated by this
act, shall be responsible for one half the ex-
pense OF Demonstrating and maintaining the same.
Sec. 2. That whenever any railroad compa-
ny or other party having the control or manage
ment Of a railroad shall have erected sach fen.
ce or fences as are required by the first section
OF this act, and any lands adjacent thereto, the
owners ofwhich have received compensation
for the right of way through the same, are or
shall be inclosed so that such railroad fences
shall form in whole or in part, the ,nclosure 10
such lands, the person or persons owning the.
same shall paw TO such railroad company one
half ofthe cost and expenses incurred by the
con struction OF 50 much thereof as serves m
partition fence, or one. half the value Of such
fence at the time such inclosure may be made,
as the case may be, and whenever any ssich
lands shall have been inclosed BY the owner or
occupyer thereof In such manner that the incio-
sing fence in whole or in part. may Be fnads
TO answer the purpose of inciosing such railroad
the railroad company or any other party hav-
ing the control and management Of the road.
may join its fences thereto upon paying
TO such owner or occupyer one half the cash
value Of 70 much ofsuch fence an serve to on
close the railroad, and IN al cases where either
the railroad company or ether party having
the control and management Of railroad. or
the occupyer oflands adjoining shall refuss tc
pay, as required BY the pFoviHisns Of this ssc-
tion, one half thecest OF ons-hsIf the eAsh, VAL
ne of 90 much encs a. shalt hare been bniltby
the other. and serves the double purpose Of sn-
closing the railroad and the adjoining lands ,the
Same may be recovered betofe any conrtof CON.
petent jurisdiction ina civil action. XXI,
Sec 8. That when such fences afs duly mads.
"a. a. al