The Perrysburg journal. [volume] (Perrysburg, Ohio) 1853-1861, 1861-04-18
Thc gerrpshnre Auurnal.
The New Ditch Lnw.

~
The New Ditch Law.
An act to provide for locating, esblsbiug and oon-
sirueting bitches, Drains ani Water courses.
SECTION l. Bsit rnre,s by tte Gsas~I As,,,Sy o. tie
S'@ q ghto, That the county commissioners of any
county shall have power at any regular or called sss
son. whenever in their opinion the Is demanded by
OF VIII DC conducive to the public health; convenience
welfare to cause to be located established and construct
ed as hereinafter provided any ditch drain or water.
course within such county.
SEc. 2. That before the county commissioners Of auv
sonnty shall take any stops toward locating and os;ab
nshng any ditch, drain there shall be
hled with the county auditor petition from one or more
persons owning lands adjacent TO, or through which,
IN thevlcinty OF which, the line Of said proposed ditch
drain or waer-coursc Is supposed to pass setting forth
the necessity Of the same, with general description OF
It's proposed starting point route aud terminus aud shall
al the same Tins file bond, not less than thirty doll
per mile OF the supposed length thereof, with good and
suc1nt suretes to the acceptance of the county auditor
conditioned to pay all expenses incurred In case the
county commissioners shall refuse to grant the prayer
the petition fail establish said proposed ditch drain
or rwatereoursc and shall b. the duty Of the auditor
Immediately thereafter to place correct copy Of said
peuton IN the hands Of competent surveyor and cngi-
neer who shall hereupon take to his aid the necessary
ASSISTANCE and proceed to make accurate survey aud
eNe OF the route the route as may be prac-
ucaoe) OF such proposed ditch drain or watar-ccrsc
an on completion thrrSof shall return plat ana profile
OF the same . the sal county auditor anil shall also SIT
torth in his return definite description of the proposed
route Its availability an1 necessity with description of
each separate tract of land how will he effected there
Ny AMI lis situation and level rs compared with adoin-
lnS Ian shc distance each land owner the depth of
excavation and dim nsions of said proposed drain nj
every one hundred feet in lngth, and fix grade line,
ana specify the manner in watch the work should be
don the necessary ioodgatcs waterways bridges and
farm crossings together with such other facts and suC
Stons as he may deem mlteri il shall BE- the duty
ui the county auditor lmm !dNt,ly said report being
ned 10 cause notice of the am, the pen cncy and pray
er of said petition and the tim, set for hearing thereof
by tn, county commissioners at which tim they will
tlohsh the same also mike apportionm mt of the
costs and expenses Of making slid oc lton and the an.
poronmcn OF the labor OF constructing said ditch drain
or Waercourse to be given by publication FOR four con-
sacutye weeks IN som! newspaper published of gem
eral circulation in said county.
SEC. 3. That any person or persons claiming cnmpen,
saton for lands appropriated or who shalt sustain anv
damage by the constructing of any dtch drain or water
course under the provisions OF this act shall make his
her or their application in writing therefor the county
commissioners, and file with the with the county
auditor or baoe the day for the hearing Of the
tton and on failure to make such application, shall be
u'eed anu ned TO have waived bis her or their right
to such compensation and damages.
oEc. L. Ihat SAID county commissioners, at the time
set tor the hearing of said petition and the app,r nm mt
the costs and expense of locating and the labor OF
strucng said ditch drain water-coursc SHALL if they
nd the reQuremet IS Of the second section Of this act 10
have been compiled WITH proceed hear and Diet rnnc
sad petition examine the report of the surveyor aul en-
nel ana with him vl1w the promises, AMI If they fin
such ditch, drain water-coursl to b. necessary and
that the same has been properly located an is dem mi
ed BY or Will BE- conducive 10 the public health conve-
nience welfare, and no application shall haya been
made for compensation for lands appropriated or dam.
ages sustained as provided in the third section Of this
act they shall proceed to establish such ditch drain or
waarcogrsa as specified in the return of the surveyor
and engineer, and with his assistance apportion the
costs and expense of making the location thereof ana al
50 app0ruon the labor Of ming AMI constructing sail
ultCh dram or wAterconrs AMI set apart an award to
eacI person or parsons owning Ian Is through which,
adjacent to which or in the vicinity Of which said prnpos
g ditch drain or wat.rcOurSc may b. located and cs-
tbshed shall by Sld commissioners be dc ,mai just
AM right, according 10 the benefit to each BE- derived
by the locating establishing ana constructing of the same
and shall specify the time in which said costs and ex-
penses shall be prd 10 the county auditor who shall give
the parte thus paying receipt AMI also the tina and
manner in when said labor shall be performed and they
shall also cause stake monument unless designated
by road land line soms other artificial obicc TO be-
placed at the boundaries of each Of the several portions
which portions or sections shall b. for convenience and
reference, numbered progressively down stream. but
il any application applications for compensation for
land appropriated or damages sustained as aforesaid
shall have been made further proceedings by the county
commissioners shall be adjourned and the county auditor
shall forthwith certify IN the probate Judge Of said coun
ty copy of said application applications, together
with description OF the property sought be taken or
injured contained in the return of the surveyor and en-
ginccr, which shall be forthwith docketcd by said pro.
bate Judge styling the applicant applicants plaintiff
or plaintiffs, and the county commissioners defendants
and such proceedings shall thcreupon be had TO ASSES
and determine the amount Of compensation and damages
of such claimant claimants as are authorized aud re-
qutu Dy act entitled act
sduon ami damages to the owners OF private
property appropriated to the use of corporations or 10 tho
good and welfare of the public" passed April 30 1852
and the acts am1nlatory thereof AMI suppem lntary
thereto far as the SAM may be applicable ami the
and damages so found and assessed in IA
of said claimant claimants shall be Immediately
Certified by said probate judge the county auditor and
paid out of the county treasury from the general fund
thereupon il shall be the duty of the county commission
ers 10 meet and apportun said compensation and dam
ages so found aud assessed among the parties interested
and benefited in the opening AMI constructing of said
ditch drain waercourse IN the proportion to the
benefit each will receive BY the opening aud construct
ing of the same and the county auditor shall enter said
compensation and damages thus apportoned upon the
lax duplicate (lnless Immediately paid over by the par
es OF sud county against the tract or lot Of land ne
na by the opening ana constructing OF said ditch drain
Or wae-course and the amount 50 entered together with
hc reaSurcrs per cent ana legal interest," shall be coli
ecteo by the treasurer OF said county the are
'tHer taxes;
DEC o. any OF the persons Interested in the open
ng OF sa'n watercouse Or ditch shall fail to p1y the