Tama County Republican. (Toledo, Tama County, Iowa) 1867-1872, 1870-07-07

same IN accordance with SAID spcclh.
cations, upon tho payment OF the
damages as hereinafter provided.
SEC. S. II the trustees shall he Of
the opinion that the drain will be OF
damage 10 the land through which il
is to pass, then they shall assess the
amount Of damage to be paid to the
owner thereof, and after payment Of
Pthc amount to be assessed, the person
Or persons making the application,
may enter upon said land an construct
the same, and it no damages be as
scssed, then the applicant shall have
tull power 10 enter upon the land
through whicI, said drain passes,
with the necessary implements to
accomplished said work.
SEC. 6. The trustees after having
decided in tavor Of or against said
application, shall reduce their decis-
ION t. writing, and file the same with
tho township clerk.
Sec. I. Either party feeling ag-
grievcd by the decision Of the trus-
tees in the assessment Of damages,
may appeal to the circuit court Of
tho county in which the lands is SIT
uatcd; and the said court may hear
and determine in all matters relating
TO said assessment. But 80 much Of
the decision OF said trustees as re-
lates to the location, width and
depth OF said drain, shall be final
An appeal bond shall be required as
in cases Of appeal from justices Of the
peace and the same shall be filed
with the township clerk, who shall
approve it, and Immediately there.
after shall certify all the original paper
to the clerk Of the circuit court.
SEC. 8. After said drain is com.
plctcd, it shall be kept in repair un.
der the direction Of the township
trustees, and when applied to in
writing by any person owning land
through which such drain shall run
said trustees shall examine the same
and may make such orders in regard
to the repair thereof ani cleasnins
the same as they may deem just and
equitable, but they shall not be cm.
powered TO order any person to re.
pair or cleanse the same, except the
owners Of land through which the
drain runs.
SEC. 9. The township trustees
shall receive for their duties undel
this act, the sum Of one dollar and
fifty cents per day, and thc town
ship clerk shall receive Tor filing
each application, the sum of fifty
cents. The surveyor shall receive
the fees prescribed by law for like
duties perfo, ned by him. The trus
tees shall make such orders III re-
gard to the payment OF costs as they
may think ijnst, and they may require
their costs 10 be paid IN advance, in
the first instance. by the person ma
king the application.
Sec. 10. Ii said drain shall cross
a highway, it shall be bridged at the
expense Of the applicant or appli-
cants.
SEC. II. Any person who shall
dam up, obstruct, or IN any way in
jurc any ditch or bitches So oponed,
shall he liable to pay to the person
owning or possessing the swamp
marsh, or other low land for the
draining of which such ditch or
bitches shall have been opened,
double tho damages that shall be
assessed by the jury for such injury;
in case of a second, or other subsc.
qucnt eftense by the same person,
treble such damages.
SEC. II. Chapter 20 Of the acts
Of the Ninth General Assembly Is
hereby repealed.
SEC. 13 This act shall take effect
from and after its publication in the
Iowa State Register, aud Dcs Moines
Bulletin, daily papers published IN
the city OF Des Mslnes, Io~a.
Approved, April Is, 1870.
Ell Wright, Secretary Of State,
hereby certify that the foregoing act
was published in the Daily Iowa
State Register April %, 1870, and
the Dcs Moincs Daily Bulletin April
%, 1870.
Ed Wnlcnr, Secretary of State.
CHAPTER 100.
AN ACT relating to the acknowl.
cdgment and recording of deeds
an certain cases. and rendering
Wild the Acknowledgement Of