The weekly Ottumwa courier. [volume] (Ottumwa, Iowa) 1857-1872, 1870-06-23
CHAPTER 159.

AN |AoL w pIoSluo AOI tuo uEalHlUS
of land.
SECTION l. Be it enacted by the
General Assembly of tho State of
Iowa, That any person owning or
possessing any swamp, marsh or wet
land, who shall desire to drain the
Same, and when he shall deem it ne
cessary in order thereto, that ditch
or bitches should be opened through
lands belonging TO other persons, in
case the owners of any such land
shall refuse to permit the opening Of
such ditch, or bitches through the
same, or if tho parties cannot agree
upon the terms thereof, he may make
application, in writing, to the town
ship trustees of the township where
such marsh or swamp lands shall be
situated, TO inquire and determine
whether such marsh, swamp or wet
lands are source Of disease to the
inhabitants, and whether The public
health would bo promoted by drain
ing the same, and to inquire and de-
termine whether such ditch or drain
is necessary for tho proper cultiva-
ton of the same, and whether the
permanent assessed value of said
lands will be increased by such drain.
Said application shall be filed with
the township clerk.
HI Sec. 2. Such application shall
state through whose promises, if
known, it is necessary for said ditch
or bitches to pass, and shall also des-
cribe said lands. Ten days notice
shall be served upon the owners of
said lands, in like manner as notices
are required to be served in CON-
mencement of actions before Justices
Of the peace, and said notices shall
state in what time said application
will be fled, and in case the owner
Of any said land shall be unknown
to the applicant or q non. resident of
the State or county, then three writ
ten notices shall DO posted for ten
days, in three public places in the
neighborhood Of the said land, and
in the township in which it is situ-
ated.
Sec. 8. Upon the fling of said APP
.plication, the trustees shall agree
upon time when they will hear 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 said
township. And upon the day set for
hearing SAID application, said trustees
shall, Cor if any of the said township
trustees should not be present, the
trustee or trustees present shalI)
have power to hear and determine
the matters contained IN said appli-
cation, 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 neces.
sary to pass through any of said
land; and if they find it necessary,
they shall also determine the direc-
ton in which said drain shall run,
and the depth and width thereof as
near as may be. And said trustees
may employ the county surveyor to
assist them, if necessary. The fee
OF tho surveyor being paid in the
Same manner as the other costs Of
this proceeding.
Sec. 4. The person or persons
tho application for the drain,
may undor the order Of the trustees,
enter upon the premises through |
which SAID drain is located, and con.
struct the same in accordance with
said specifications, Upon the payment
OF the damages as hereinafter pro-
vided.
Sec. 5. If the trustees shall be OF
the opinion that the drain will be "a
damage to the land through whichit |
is 10 pass, then they small assess the |
OF damage to be paid to the
owner thereof, and after payment OF
the amount so assessed, the personior
persons making the application, may |
enter upon SAID land and construct |
the same, and il no damages be as
scssed, then the applicant shall have
luil power to enter upon the land
through which said drain passes,
with tho necessary implements to ac-
said work.
Sec. 6. Tho trustees after having
decided in favor of or against said
application, shalt reduce their decis-
on TO writing, and file the same with
The township clerk.
Sec. Z. Either party feeling ag-
5rieved by the decision OF the trus.
,ees ia the assessment Of damages,
nay appeal to the circuit court OF
,he county in which tho land is stu.
tied and the said court may hear
md determine in NIL matters relating
- II 4.