Tama County Republican. (Toledo, Tama County, Iowa) 1867-1872, 1870-07-07
LAWS OF low A.
PUBLISHED Dr AUTHORITY.
CHAPTER 159.

AN ACTto Provide for the draining
ofland.
S crloS l. BE 1t enacted BY the Gen
eral assembly Of the State Of Ic,ra, That
any person owning or possessing any
swamp, march, or wet land, who shall
desire to drain the same, and when
he shall deem it necessary in order
thereto, that q ditch or bitches
should be opened through lands be
longing to other persons, in case the
owners Of any such land shall refuse
to permit tho opening OF such ditch,
or bitches through the same, orit the
parties cannot agree upon the terms
thereof, he may make application, IN
writ e, 10 the township trustees Of
the township where such marsh or
swamp lands shall be situated, to in
qnirc and determine whether such
marsh, swamp, or wet lands are
source of disease to the inhabitants,
anl whether the public health w uld
be promoted by draining the same,
and to inquire and determine whether
ench ditch or drain is necessary for
the proper cultivation of the same.
and whether the permanent assessed
value OF said lands will he increased
by such drain. Said application shall
be flied with the township clerk.
SEC. .. Such application shall
state through whose premises, il
known. it is necessary for said ditch
or bitches to pass, aud shall also de-
scribe said lands. Ten days notice
shall be served upon the owners OF
said lands, IN like manner as notices
are required 10 be served in com
mcncement of actions before justices
of the peace, and said notices shall
state at what time said application
will be filed, and in case the owner
Of any said land shall be unknown to
the applicant or nonresident of the
State or county. then three written
notice shall be posted for ten days,
in three public places IN the neigh
borhood of the said land, and in the
township in which it is situated.
SEC. 8. Upon the filing. Of said
application, the trustees shall agree
upon time when they will bear and
determine upon said application, and
also shall agree upon the place OF
their meeting. They shall give five
days notice OF such time and place of
meeting to all persons interested, by
posting up three written notices
thereof in three public places in sa,d
township. And upon N. day set
for hearing said applicat' on, said
trustees shall, Tor il any Of tho said
township trustees should not be pre-
sent, the trustee or trustees present,
sha'l) have power to hear aud deter
mins the matters contained in said
application, or such trustee ortrustees
may adjourn the hearing ,herof, not
moro than ten days. And upon the
final hearing, said trustee or trustees,
shall determine whether it is ncces-
sary to pass through any Of said land;
and il they find it necessary, they
shall also determine the dircc-
tion in which said drain shall run,
and the dcpth and width thereof as
near as may be. And said trustees
may employ the county surveyor to
assist them, II necessary. The tee Of
the surveyor being paid in the same
manner as the other costs of this
proceeding.
SEC. 4. The person or,.pcrsons max,
ing the application for the drain, may,
under the order OF the trustees, enter
upon the premises through which said