The Perrysburg journal. [volume] (Perrysburg, Ohio) 1853-1861, 1861-04-18

h.d AL signed by said auditor AMI 1, shall b, M dur
eaea AMI every person owning anls through which OF
sVaesnI - whiea sail dteh drain or watr course has
been loead established and un Ter the pn,
visions OF this act for himsc his hoirs assigns for.
ss sep tne SAM open and in Sod repair through or
adjacent to his her or their said lands and on al.
urt or neglect 80 do shall be lawful for any parson
issng Injured or aggreved thereby to notify the purson
W ne ea resldeu OF said land' suaariug said ditch
dram or watereourse TO M up or get out Of repair ON
MS her or said lanl anl II the person neglects fails or
refuses to Open clean and repair the sau then the ner.
son Injured and ag9revsd shalt Gle grievances with the
county auditor whose duty shall be to order ts super.
visor OF the district within the boundaries Of which said
eh drain or watereourss Is to h. Repaired to rspair
Tue same and he ho auditory may, fthe nature Of the
c!Ss requires H. order out competent surveyor and en-
gncr 10 examine the premises thus complained Of who
shall report the condition OF the sam, 10 said a Ito and
tee amount expended by the supervisor in repairing said
uch drln or watsr-course shall b, certified IL the coun
auhpr by said supervisor an said auditor shall give
sad supervisor AMI surveyor sevurdlly certificate for
the amount their services and the county auditor shall
eher inc amount OF said certificates thus given for the
repairing OF said draiu together with the reasurers Der
cent AMI legal interest upon tho tax dubucAe OF said
county against tue lot or tract OF land upon which said
ditch drain or wacreous0 was repaired and tho same
shall be collected by the county treasurer tho same as
are other taxes, AMI paid by him 10 the person or
persons holding slii certificates.
SEC Ih9 clunty au itor shall ko lp full and com.
p'te record OF all proceedings hal In each case unle,
he provisions OF this act ana all COSTS and expenses and
tees, except those OF the auditor and probate Judge
and commissioners and costs of construction and dam.
4.
shal on reusi or neglect failure OF the parties e.
pay as IN this act provided before the tim, the time
ne sam respectively due, the county auditor
sa1i issue certificate to the pcrSon to whom such costs
ana expenses are due and shall the samo upnn tn
TAX duplicate of sal county, ther with the trea ,urers
per en IN legal Interest against the tract riot Of land
o'hehuSu oy tho establishing and opening Of said ditch
drain ar wasr-course, ant the amount SO entered shall
be collected by thr treasurer o. said county the samo as
are other taxes ani paid over to the person holding said
certificates
SEC To- That the fees of the county au lor and the
eS o Ia county eomms9ioners and tie fees Of the pro-
pate ge un l,r this act shall b. the same rs are pr5vi
dot oy law tor like services in other cases and pail ont
o. th1 general uni the surveyor aud engineer shall b,
allowed thrte dollars PER day for the time n, mty be n
eessariN emp Dyed ant six and fouth cents mileage
Tor each tm3 ho M be required 20 an return from
the place OF the oclt OF sl ditch drain or water
course 10y The Usual route Of rlvo provided that all
expenses OF ehanm,n aSm,n rpimcu, and other ncccs
Sly assistance Nul Incidental expenses are paid as fol-
lows: Each chairman aud nxmin one dollar per dny
roimen one dollar anil twenty-five cents rer day. the
expense OF drawing the original pAtion and filing the
mo with te county au lor, must b. paid by the pt.
u>nr or petitioners, 90 into the gen raj cost bi
the Tees OF Ai surveyor ani engineer, chainmen axmen
room printers fees, AMI ali other fees and COSTS ex.
cpt tbs Tees OF the auditor and comm ssoners an the
probate iuge shall b, paid by Ia, parties respectively
Interested an ben hcd in the establishing and construct
ig 0, SUI dtcl drain or wat!r-cowsc in tn, manner
be exam nll aul signal by ii. commissioners of said
county
Sc. II. The county commissioners my when any
utC uV1n o wafer cOurS' l1c tied an established
arr this aci cr9sIs any public corporation road or
any Taroa II they arl Of n! opinion thl, the sam, will
oi 6'n!td AMI the road bed or travelled track will b,
mll' peter oy the opening anl con ,ructng Of such
u'n Hun OF Waer-curSe Apportion Nnl st of to the
county, If County or stI road to the township ir
township rJAd to the company If a corporltcd or rail-
" portion o, the costs AMI expenses, AMI also por
t"n o tc construction the to private indivil
n'lS and compel thcm 10 pay said costs and perform
sui labor in like manner
oEo H. In all cases wher, any proposed ditch drain
In
cton shall be made u th1 commissioners Of each of said
countess AMI in such case the surveyor and engineer
huS IN IKE report from each COUNTY aud applications
" udl iEes must b. III dJ IN the county where the md
Is sltultei anI iii Sucn ljorty of all the com
nusSloners OF such counties VIII in Joint session. shall
pe competent to Dels AMI est lbsh the ditch drain or
wafer course as ao;es |; Provided always that no
commissioner shall in any cas-, whcrs he is par
sonaliy INTERESTED. ANY two commissioners may form
quorum Tor the trans cton of business in their re ,pect
i've counties but shout said counties b, without on,
rum 1t shall be Lawful for the commissioners in any l.
Joining county, on notice from the county au litor OF any
county not wing quorum OF commissioners compel .n
% act to psrorm like duties With the powers as resd m
commissioners Of any such county.
oEC ID That the provisions of this shall be at-
pheao'e 70 the diicng draining AMI Keeping in geol re-
pair secous sixteen anil lands granted in lieu thcreol
for school purposes, willis the slms r.m lins township
Poperyand the trustees Of any township owning any
such lands, or where the same is situate, my file the
petition and bond required by section two of this act
SEo, IA. That il any person shall malicously or will
fully M mp or o5struct any ditch, drain water. course
or shall 'lcousy wiluly direct sai ditch drain or
watercourse from its proper channel he shall forfeit and
pay to the county in which the ditch drain or water.
course may be situate the of ten dollars bc
cred before justice Of the peace other court hav-
ing jurisdiction Of the matter aud shall moreover b. H.
able for all damages that may any person or
persons by such act Provided, that whenever
any such ditch, drain or watercGurse Shall be wholly
within the township, tbs duties of this inpos, upon
the county commissioners nv in the same manner be |
discharged by the township trustees OF the proper town
ship
SEC Is That Whenever the woris "diLch," "drain !
or water course occur in this hc shall BE- un
rsI0ol to embrace and include any silc lateral ditch
es necessary % tho objects and purposes for
which any ~ lin ditch drain wlter,Coural may be
made which shall b. considered part Of said main
ditch, drain or wateT-cuuTs,.
SEC To- The act entl II ian act authorizing the trus
tees of townships IT, establish wttcrcou>es and locue
dcheS in certain eases passed May l. Is l. and the act
am9ni1toy thereto passed April H. lsJ1 and the orig
ual act passed February 2i 1885, anl the act passed
March 2i, 1859 the SAM subject hereby repeal
Ell Provided that procee lings had or comm need
underany law repealed by this act shall be affected by
such repeal
Sro. II. This act fe Ell ct rromdrd after its pas
sage.