Meigs County telegraph. [volume] (Pomeroy [Ohio]) 1848-1859, 1859-06-07

allowed to them by the county commiss-
toner's and auditor. @
Sec. 2. This act shall take effect and be
in force from and after the passage
thereof.
WILLIAM B. WOODS,
Sneaker of the House of Representatives.
MARTIN WELKER,
President of the Senate.
February 90, 1859. In
mo. 88.1 AN ACT
TO provide for locating, establishing and
constructing bitches, drains and water
courses.
Section 1. Be It enacted by the General
assembly of the State of Ohio, That the
county commissioners of any county shall
have power, at any regular session when
ever, in their opinion, the same is deman-
ded by or will be conductive to the public
health, convenience or welfare, to cause to
be established. located and constructed,
as hereinafter provided, any ditch, drain
or water-course within such county.
Sec. 2. That before the county commits
sioners of any county shall take any steps
towards locating or establishing any ditch,
drain or water-course. there shall be filed
with the county auditor petition from one
or more persons owning lands adjacent to
the line OF such proposed ditch, drain or
water course, setting forth the necessity
of the same, with description of its pro-
posed starting point, route and terminus,
and SHALL at the same time, file bond
with good and sufficient sureties 10 the
acceptance of the county auditor condl-
toned to pay all expenses incurred, in case
the commissioners shall refuse to grant the
prayer of the petition, and 1T shall be the
duly of the county auditor Immediately
thereafter to place correct copy OF said
petition in the Gands of the county sur
yeyor or a competent engineer, who shall
thereupon, 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 COM
pletion thereof, shall return plat or plat
and profile of the same TO said county au-
dtor, and shall also set forth in his return
a description of the proposed route, its
availability and necessity, with descrlp-
ton of each separate tract Of land through
which the same is proposed to be located,
how it will be effected thereby, and its
situation and level as compared with that
other facts as he may deem material. 1t
shall be the duty of the county auditor,
Immediately on said report being filed, 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 proposed
ditch, drain or water-course, of the pen
dency and prayer of said petition, and oi
the time of the session of the county COM
missioners at which the same will be heard,
which notice shall be served at least ten
days pnor to said session, and an affida'
Wit OF said service lied with the county
auditor; and in case any such owner is not
a resident of the county, or should any
party or parties in interest die during the
tendency of said proceeding, such death
shall not work an abatement of such pro-
ceeding, but the county commissioners on
being notified thereof, shall make such or.
Ger as they may deem proper for giving
notice to the person or persons succeeding
to the right of such deceased party or par
, ties, and notice of the tendency and prayer
: of said petition and the time of hearing the
> same shall be given to such owner or per
sons, by publicacion for two consecutive
weeks in some newspaper published OF o
general circulation in said county.
; Sec. 8. That any person or persons
, claiming compensation tor lands appropri,
ated for the purpose of constructing any
ditch, drain or water-course under the
provisions Of this act, shall make his, hel
or their application in writing therefor tc
; the county commlss toner's, on or before the
!, third day of the session at which the pc
I ttion has been set for hearing, and on fail
ure to make such application, shall b.
deemed and held to have waived his, he
or their right to such compensation.
Sec. 4. That said county commission
ers, at the session set for the hearing O
said petition, shall, if they find the re
; qairements of the second section of thi
, act to have been complied with, proceed
: to hear and determine said petition; and
l they deem it necessary shall view tn
premises, and if they find such ditch
drain or water-cours to be necessary, ant
: chat the same is demanded by or will b
conclusive to the public health, conven:
b ence or welfare, and no application shal
i have been made for compensation as pro
g vided in the third section of this act, the
u shall proceed to locate and establish sue
+, ditch, drain or water-course on the rout
q specified in the plat and return of saiC
county surveyor or engineer. But if an
y application or applications for compensa
s ton as aforesaid, shall have been made
further proceedings by the county com
n missioners shall be adjourned till thei
s next regular session; and the county au
o ditor shall forthwith certify to the probat
1t Judge of said county a copy or copies c
e said application or applications, togethe
) with description or descriptions OF tn
s property sought to be taken and appropr
ated, as contained in the plat or report {
the county surveyor or engineers; whic
l. shall be forthwith docketed by said pre-
IL bate judge, styling the applicant or appl
, cants plaintiff or plaintiffs, and the count
d commissioners defendant; and such pre-
III ceedinps shall thereupon be- had to asses