The Tipton advertiser. [volume] (Tipton, Cedar Co., Iowa) 1856-1962, 1870-10-06

{ in accordance with the specification
upon the payment Of the damages
r hereinafter provided
Sec 5. Ifthe trustees shall be Of tn
. opinion that the drain will be Of damag
to the land through which 1t Is to pas,
then they shall assess the amount {
damage to be paid to the owner there
of and after the payment of the amour
SO assessed. the person or persons max
ing the application, may enter upon The
said land and construct the same, anc
If no damage be assessed, then the appli.
cant shall have full power to enter upon
the land through which said drain pass
es, with the necessary implements TO
accomplish said work.
Sec 6. The trustees after having de-
cided in favor of or against said arplica-
ton, shall reduce their decision to writ
ing, and file the same with the town.
ship clerk.
Sec. 6 Either party feeling aggricved
by the decision Of the trustees in the
assessment of damages, may appeal to
circuit court of the county in which the
land Is situated; and the said court may
hear and determine in all matters relat-
ing to said assessment. But so much Of
the decision Of said trustees as relates to
the location, width and depth of said
drain shall be final. An appeal bond
shall be rcquireda 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 in completed
1t shall be kept in repair under the di-
rection Of the township trustees, and
when applied to in writing by any per-
son owning land through which such
drain shall run, said trustees shall ex-
anime the same and may make such
orders in regard to the repair thereof
and cleansing the same as thoy 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. 8. 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 re-
ceive for filing each application, the
sum OF fifty cents. The surveyor shall
receive the fecs prescribed by law for
like duties performed by him. The
trustees shall make such orders in re-
gar! to the payment Of the costs as they
may think just, and they may require
their costs 20 DO paid In advance, in the
first instance, by the person making the
application.
Sec. 10. If said drain shall cross
highway II shall be bridged ut tho ex
pense Of applicant or applicants.
Sec. II. Any person who shall dam
up, obstruct, or in any way injurc any
ditch or bitches so opened, shall be lia-
to pay the person owning or possessing
the swamp, marsh, or other low land for
the draining If which such ditch or
bitches shall have been opened, double
the damages that shall bo assessed by
the jury for such injury in case OF n
second, Of other subsequent olicnse by
the same person, treble such damages.
Sec. -. Chapter 70 of the Acts OF the
Nineh General Assembly is hereby re-
pealed.
Sec. IS. This act being deemed Of
immediate importance, shall take effect
and be in force from and after its pub
lication in the Io,cd state Register and
Des Moincs Bu,cti, newspapers
published at Dcs Moines, Iowa.
Approved April H. 1870.
|, Ed Wright, Secretary Of State, do
hereby certify that the foregoing Act
was published in the Dairy state Regis
Ter, April 2S, 1870, and the Dcs Moincs
DuHy Buitin, April %, 1870.
ED WRIGHT, Secretary Of state.