Western Reserve chronicle. [volume] (Warren, Ohio) 1855-1921, 1868-06-24


made upon such appeal. in case the decisien Of
said trustees shall be sustained in said probate
court. which bond shall be made to the aceep-
tanee Of said township clerk and the probate
judge of such county. their aeeeptapce indorsei
on the same aud fled by said probate Judge with
other papers in the case. The township clerk
shall thereupon. at the request Of each Rerson
so appealing. his agent or attorney, make out
and deliver to each such person, mis- agent or
attorney, a full and complete certified transcript
of the proceedings had in the case which trans
cript shall be hled with the probate judge of
such county. within ten DAYS from the fling Of
such bond.
SEC. S. It shall be the duty, of the probate
judge. upon the filing Of such bond and trans
cript as provided for IN the seventh section Of
this act to impannel jury Of twelve disinter-
ested freeholders Of the county (whO shall not
be residents Of such township, who shall con-
stitute a jury for such case; and said probate
judge shall issue over his hand and seal Of Office
a notice Of such appointment. directed to the
Sheriff Of such county, returnable on 3 day not
exceeding forty days therein named, which no.
tiee shall also specify the time Of needing of
said jury in said probate court; that il fhall be
the duty OF the appellant to notify in writing
all persons so interested in the location Of such
ditch, drain or water-cOurse, Of the time hXed
by the probate judge for the meeting o. such
jury and if any person shall reside Out Of the
state. or cannot be served in writing with such
notice, said probate judge. being notified Of
that fact shall cause such notice to be publish
cd for three consecutive weeks in some news
county; that proof of the publication Of such
notice snail be filed in such probate court, be-
fore the meeting Of such jury, together with
proof Of the service of such notice IN writing.
all such persons Interested as aforesaid, at or
before the time so specified; provided. that. in
all eases where two or more persons shall nave
taken an appeal according TO the preceding sec
ton. the probate judge shall order the consoh-
dation Of such cases in,O one case. and the rights
of all the parties in interest shall be inyestiga
ted By the jury in the one case thus consolidat-
ed; in the event Of any such consolidation. any
one of the appellants shall be competentto give
the notice required in this section.
SEC. 9. That at the tine specified in said no
tice. said probate judge shall hear and deter
mine all preliminary questions pertaining 70
such case. and shall. theTelpon. administer an
oath to said jury. faithfully and impartially,
and upon actual view Of the premises along the
route Of such ditch, and report in writing to
said court:
First-Whether it be conclusive to the public
health. convenience or welfare. I" cause said
proposed ditch. drain or water course. to be es-
tablisaed or located
SecOad-Ihe amount Of condensation due 10
each person in case Of the location ofthe same;
and.
ILird-The amount Of labor to be performed
by each person interested In the opening and
construction Of the same.
That the jury shall fle such report with the
probate judge within Eve days after taking
such oath tunless the court, Tor good cause al
low further time). specifying the sections and
hNEh 70 DC QOltt a1 nEONlQE4 III eEtLluu uNG DA
this act. The probate judge is hereby author
iEed to adjourn the proceedings in the premises
rom time TO ume, as circumstances may require.
II, on the hearing Of the preliminary proceed
ings referred to above in this section, the pro-
bate judge shall find that the proceedings in ap-
peal nave not been perfected according to this
act, he shall dismiss the appeal 70 the cost Of
the appellant, and certify such dismissal back
to the trustees Of the township. who snail there
upon proceed as if no appeal had been taken !;
provided. that such judge may, IN his discretion
order and allow the correction Of any technical
defee'. error or omission, in making such ap-
peal.
SIC 10. Upon the return OF the said jury.
said probate judge shall make a record OF all
their proceedings had in such case before him,
and shall also make such order as TO the pay
ment Of compensation for land used for work
70 be performed, and as to the time Of payment
and opening and locating such ditch. drain or
water-eourse. as said jury shall report. and shall
also tax such costs in said proceedings as are
provided for BY law in similar cases; which
costs. together with those made before said town
ship trustees. shall be divided 70 be paid in fair
proportion amongst the sevaral persons inter-
ested IN the location Of such ditch. drain or
water course, in conformity with the report of
said jury; provided. that II the report Of such
jury shall not be in favor Of the appellant, all
costs made on such proceedings in said pro-
bate court shall be taxed to and paid By such
appellant. and collected as judgments at law in
other cases; but if two or more persons shall
have appealed. and the report Of said jury shall
be favorable 70 some OF the appellants and
against the other appellants. the probate judge
snail apportion said costs eQuitably among all
the appellants. except those in whose favor the
report Of the jury is made; and, provided also.
that sald township trustees shall be allowed one
dollar and hfty cents per day for each day en-
ployed IN such proceeding and said jury shall
be allowed one dollar and nifty cents per day
each. together with mileage from their respee-
i've nv, residences 70 the probate court and 70 tne
place OF said proposed ditch, drain or water
course. at the rate Of I'VE cents per mile.
SEC IL That said ditch. drain or water
course shall be opened and worked, and co m
pensatIon for laud used in the construction OF
the same, paid within the time specified in the
order Of sald probate Judge; and at the expira-
tion Of such time, any such work remaining un-
done. and the probate judge being notified Of
that fact. shall Immediately give notice Of the
sale of such work by sections. or parts Of sec
tions of said ditch. drain or water-c0urse. TO
the lowest bidder. BY written or printed hand
bills. The time Of such sale shall not be less
than ten nor more than twenty days from the
date Of the notice. and the place of sale shall
be either at the door Of the court house. or at
the proposed terminus ofsuch ditch. As said pro-
bate Judge shall direct. That said probate judge
shah take such security for the performance Of
such work a. he may deem necessary. and he
shall Immediately after such sale enter his pro-
eeeding on his journal and make them part Of
the record in such case. and shall thereupOn
certify 10 the auditor Of the county the several
amounts, including costs apportiOned, so as
sessed against each owner or person interested
As aforesaid. describing each piece or parcel Of
land so to be charged. and the said auditor
shall thereupon enter the same on the duplicate
Of such township, to be collected as other taxes
are collected, aud shall be paid over on the or
er Of the county auditor to the probate Judge
Of the county, who shall keep correct account
lf the same, and shall pay the same over TO the
sew eral persons entitled thereto, whenever he
snail be satisfied that the several sections have
been completed according TO the report OF the
ury heretofore made.
Luw Aau unrn a. a n
iected from the decision Of said township trus- |
.ees all further proceedings before them on |
aid petition shall be stayed; but II no appeal |
hall be taken as provided Tor In the seventh |
Iectioa OF this act then II shall be the duty o.
aid trustees. upon the expiration Of the time |
Ipeciied by them for the opening OF such dItcn, |
Train or Water-cOurse, and upon being satisfied |
~ ins pecuOn and view that any section or see
ions Of the same have not been completed, 10 |
iell such work by such sections 10 tue lowest /
bidders, by setting up written OF printed notices
If such sale IN at least three OF the most pupnc
places in such township, Specifying the time Il
yhen such work shall be completed; said no
ices 10 be posted up tor atleast ten days before /
he day Of sale, and said trustees shall take such
pond or other security Tor the performance OF
uch work as they may deem proper. Sald Il
oynship Irus tees shall make fair and just es-
imate OF the amount Of the costs made in all
ueh prsceedings. 10 be paid By each person
Interested N such proposed ditch, drain or wat
u couESe. and collect and pay out the same IN
Conformity with such estimates; and they are
'eTeby authorized to bring suit before any JUS
Zee Of the peace for the amount So assessed
"a inst any person. and the Journal containing
6e record OF their proceedings. or eeruled
onv therefrom. shall be prima faeie evidence
Il such Indebtedness, No order for the open
ne or sale OF such dltch, u any part thereof,
hau be made until the iull amount Of such
ompensation for land appropriated shall have
een paid.
SEC. lS. Immediately after the sale of any
uch sections or parts Of sections. as provided
or in the twelfth section Of this act. said trus-
ees shall certify TO the auditor Of the county
he amount each section sold for. adding the
amount Of cost and expenses Of
uch sale together with correct descrlp-
ion ofeach piece OF land, and said auditor shall
lace the same on the dupllcate to be collected
: other state and county taxes are eollected--I
Il soon as such work shall be completed IN con-
,rmity with such sale and 70 the satisfaction OF
I'D trustees, said trustees shall eertlty the
mount due to each person to the auditor OF
he county, and said auditor shall draw orders /
1r the payment Of such amount out OF the eoun-
: treasury; 4; provided, that any person interest
{ may pay the amount Of the purchase money
nd DroportiOnate share Of cost and ex xpenses as
foresaid 10 said trustees at any time before the
me are charged on the duplicate. TO be paid
v aid trustees to the purchaser OF such section
I sections respectively. ,,., G
ate iudge shall report IN conformity Win tne
Of said trustees. as lar a. the inter
:; Of the person 30 appearing shall De concern
i. then and IN tlal Case al NO1N7 AAAeS ~ SUN
nnsai snail be taxed against such appellant.
SIC rs. The township trustees snail nave r
be same power to cause any ditch. dram or vat
r-course. located and constructed under the 7
rovisions Of this act or the acts herein repeal
4 ~ otherEise, TO be cleaned out. deepened.s
'idened or repaired. as they have 70 order any
,eh ditch, drain or water-eourse 10 De located :
al constructed under this act, and the same :
IL sbaiI be had as is required IN the location Q
~ sostr,Ietlon Of the same. In all cases the I
xpense Of the same to be .apportoned IN the /
lme manner as in the origlnai construction.
de for locating. establishing and constructing r
fcbes- drains and Water-eourses IN townships. I