Iowa voter. [volume] (Knoxville, Iowa) 1867-1874, 1870-07-14

in three public places in said town
ship. And upon the day set for the
hearing said application, sGid trustees
shall, Tor il any of the said township
trustees should not be present, the
trustee or trustees present, shall have
power to hear and determine the mat
ters contained in said application, or
such trustee or trustees may adjourn
the hearing thereof, not more than
ten days. And upon the final hearing,
said trustee or trustees, shall determine
whether it is necessary to pass through
any of said land; and If they find it
necessary, they shall also determine
the direction In which said drain shall
run. and the depth and width thereof
as near as may he. And said trustees
may employ the county surveyor to
assist them, if necessary. The fee OF
the surveyor being paid in the same
manner as the other costs of this
proceeding
SEC. 4. The person or persons max
ing the application for the drain, may
under the order of the trustees, enter
upon the premises through which said
drain is located, and construct the
same in accordance with said specifi-
cations, upon the payment Of damage
as hereinafter provided.
SEC. 5. If the trustees shall lie OF
the opinion that the drain vi.i be OF
damage to the land through which it
is to pass, then they shall assess the
amount Of damage to be paid to the
owner thereof, and after payment of
the amount so assessed, the person or
persons making the application, may
enter upon said land and construct the
same, and if no damages be assessed,
then the applicant shall lave full
power to enter upon the land through
which said drain passes, with the nee
essary implements to accomplish said
work.
SIC, G. The trustees after having
decided in favor of or against said APP
plication, shall reduce their decision
to writing, and file the same with the
township clerk.
SEC. Z. Either party feeling ag-
grieved by the decision of the trustees
in the assessment of damages, may
appeal to the circuit court of the coun-
.ty In which the land is situated; and
the said court may hear and determine
i'm all matters relating to said assess
ment. But so much of the decision of
said trustees ss relates 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
thereafter shall certify all the original
papers to the clerk of the circuit court.
SEC. 8. After said drain IL complet-
cd, it shall be kept in repair under 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 re-
pair thereof and cleansing the same as
they may deem just and equitable,
but they shall not be empowered to
order any person to repair or cleanse
the same, except the owners of land
through which the drain runs.
SEC. s. The township trustees shall
receive for their duties under this act,
the sum of one dollar and fifty cents
per day, and the township clerk shall
receive for filing each application, the
sum OF fifty cents. The surveyor shall
receive the fees prescribed by law for
like duties performed by him. The
trustees shall make such orders in re-
gard to the payment of costs as they
may think just, and they may require
their costs to be paid in advance, in
the first instance, by the person MAX
ing the application.
SEC. 10. If said drain shall cross
highway, it shall be brdged at the
expense of the applicant or applicants.
SEC. IL. Any person who shall dam
up, obstruct, or i'm any way injure amy
ditch or bitches SO opened. shall b.,
liable to pay the person owning ~.
possessing the swamp, marsh, or 9th r
low land for the draining Of viii ia
such ditch or bitches shall have he en-
opened, double the damages that 81 all
be assessed by the jury for such inj ny;
i'm case of second, or other s. .bse-
queDt otfense by the same pt rson,
treble such damages.
SEC. II. Chapter 20 Of the acts OF
the Ninth General Assembly is here
by repealed.
SEC. IL. This act shall take effect
from and after it's public9 Jon in the
Loscd State Register, and Dcs 6fOines
Bulletin. daily papers pub ished in the
city of Des Moines, lowe.
Approved, April Is, 1870.
/, Ed Wright, Secre AIRY of State,
hereby certify that the foregoing b.ct
was published in the f,diky I0aco ,Syolte
Register April 2s, 1870, and in tk, Des
.Noincs Daity Bulletin. April %, 1870.
ED WRIGHT, secretary O. State
CHAP TER 1GO.
AN ACT relating to the acxnowle1g.
ment and rece riding of leeds in Ger.