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


To provide for locating. establishing
and constructing bitches. drains
and Water-cOurses in townships and
TO repeal a certain act therein nam
ed.
SEC. l. Be Il enacted By he General Assembly
Of the State Of Ohio, That the township trustees
Of any township in this state shall have power,
whenever in their opinion the same Is demand
ed by, or will be conducive to the public health,
convenience or welfare, to cause TO be estab-
lished. located and constructed. as hereinafter
provided. any ditch drain or Tstcr-eourse with
in such township.
any such township shall take any steps towards
ter course. there shall be fled with the town
ship clerk a petition from one or more persons
owning lands adjacent to the line of any such
proposed ditch. drain or water course, setting
forth the necessity Of the same, with a substan-
tial description Of its proposed starting point,
route and terminus. and shall at the same time
file bond. with good and sufficient sureties, 10
the acceptance Of said township clerk, condi-
toned TO pay all expenses incurred in case the
trustees shall refuse TO grant the prayer of the
petition. And thereupon the township clerk
shall give notice TO the township trustees ofthe
filing and pendency Of said petition. and said
trustees shall Immediately determine and desig
nate time and place when and where they will
meet to hear said petition and determine their
proceedings Hereunder. And thereupon the
petitioner or one of the petitioners shall cause
one a the owners Of each tract Of land sought
to be affected by said proceeding. OF the filing
and tendency Of said petition. saie notice to
state substantially the prayer of said petition,
the time and place when AM where the same
Will be for hearing By the township trustees,
but nothing in this section shall be taken TO pre-
vent the petitioner from giving printed notices
if ne so desires. If any person owning lands
sought to be affected by said proceedings be a
nonresident of the county. h notice such as is
contemplated By this sestion, shall be given
him By publication for two consecutive weeks
in some newspaper published or Of general cir
culation in said county. The death of any
party or parties in interest shall not work an
abatement Of proceedings under this act. but
the trustees beng noened shan order such no.
iee as is contemplated in this section to be Civ
en- 10 the person or persons succeeding to the
right of such deceased party or parties provi-
ded further, that any ditch may be located and
established through portion of any two town
ships within the same county, or where the
benefits or damages shall attach to lands situate
in the same the trustees OF said townships shall
cons titute joint board for such proeeedings
and in such case the petition shall be filed with
and the record be kept by the clerk of the town
ship through which the greatest portion Of such
ditch may run, and in all other respects such
joint board shall have the ssme powers and au-
thority that the township trustees have under
this act
SEo. 5. That any person or persons claiming
for lands appropriated for the
purpose Of construct Ting any ditch, drain or wat
AGL-NuuLses uLAEE Alo lAohA1ApIs VI llls NcL, |
shall make lis. her OF their application in wri-
ting therefor 10 the clerk Of such township on
or before the Gay appointed for the h1ring OF |
said petition. which application shall be laid |
by said clerk before the trustees or in case the
trustees should establish the ditch or a portion
thereof on line different from that specifically |
described in the petition, IN so much that the |
same shall pass through tracts Of land net des- |
eribed or contemplated by the petition. then |
and in such ease the owner Of such land may |
make MS application IN Hrlung Tor compsnsa- |
ton at any time before the order Of the .ruItees
and locating sueh dutch Is uttered |
upon the township record; and on failure to |
male such application in either of said cases |
such owner or owners shall be deemed asd held /
to have waived his. her or their right TO such |
said petition, if il appear TO the trustees that
any person or persons who may beinterssted in Il
said ditch have not been notified as required BY /
this act or that any requisite Preli minary steps
have not been taken. they shall adjournto some
future time, not exceeding twenty days. and Or
der such notice to be given or sucn preliminary Il
steps TO be taken, and majority OF SAID trus-
tees shall be competent 10 perform any OF the /
of this act. But II said trustees
shall nd that said bond has been filed aud said L
notice been given. they shall proceed 10 hear
md etermine said petluOn. and II they deem il /
necessary. shall view the premises alSng said
0roposed route; and if they ind such ditch.
Tram or yater-eourse 10 be necessary, and thar
he same is demanded by, or viii be Conducive
10 The public health, convenience and welfare.
shall proceed to locate and estaoilsn suta citea
Train or water-course. IN substantial eonformi-
" with 10 route described in the petition, and
ihey shall ut the same time examine into and
determine all applications made 70 mem for
as PROVIDED lor IN the hlrd sec
ion of this act. and shall specify the several
mounts BIZ whom and to whom to be paid. and
he time of payment Said trustees IN hearing
md determining said petition, may eau TO their
an engineer 70 lOeate. level and
IL nf gueh ditch drain orl
yater-cOurse. and may adjourn from time TO
line TO determine their proceedings herein; and
he said township clerk shall make full and
complete record of all such proceedings in the
ourRal of the proceedings OF the trustees of
ueh township.
SEC. 5. The said township trustees, whenever
hey shall have established any such ditch. drain
n water course, shall divide the same into suit
Ible sectioussn not less in number than the num-
yer OF owners of land through which the same
nay be located. and shall also prescribe the time
within which the work upon sueh section shall
,e completed. and by whom Gone; and the said
rustees shall assess and allow all the reasOna-
,le fees, costs and expenses OF locating and es-
such ditch, drain or water course
md shall appOrtion the payment OF the same.
suitably among the parties TO be benefited there
", and the trustees may prescribe the time
within which said assessment shall be paid. and
hey may, if they deem il necessary and conve-
lient TO the parties, direct the clerk to prepare
or the use Of each person having costs to pay
nd labor TO perform, brlef statement In Wri-
ing describing briefly his. her or their appor-
ionInent of saidditeh, together with the length.
Iepth, width and fare of the same. the amount
Il costs assessed against such person, when to
,e paid, and By what time said work to be com
,leted.
SES. 6. And when the trustees have located
nd established any such ditch, drain or water 1
curse under this act, they may, if they deem il
.eeessary make an order requiring food gates
II water ways to be erected along the line there
4 at all such places when the owners of land I
long such ditch may desire to build or place I
ny fence or fences over the same; and said
rustees may prescribe in their said order, the i
cngtn, height and kind of flood gates or water I
rays which shall be erected at all such fence i
rUssings: and the persons owning the land /
pom which the same may be erected, shall Y
hereafter keep the same in good repair; and i'll 1
ny such owner shall drive or permit stakes to | I
c driven in the ehanuel Of such ditch az any Z
ueh fence crossing, and permit them TO remain .
tier ten days notice in writing By the township {
rustees, it shall be the duty OF said trustees tu
ell oct the work Ofre moving such distractions o
nd hindrances to the lowest responsible bid il
er. after giving ten days Office Of the time and
lace Of such sale, and the time within which | D
be work is to be performed; said notice to be
iVen BY posting up written hand bills in three 4
rm0re OF the most public places in the town
lip; when such sale is made, the trustees shall
AXE sufficient security for the performance oil
aid work; after said safe the proceedings TO
lllect the amount necessary 10 pay the pur