The Iowa plain dealer. [volume] (New Oregon, Howard County, Iowa) 1867-1895, 1870-06-17

~ lH CIVeI tuSIetC, ludt ultCH OF
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 the parties cannot
agree upon terms thereof, he may
naksapplication, in.writing, to the
township trustees Of the township
where such march or swamp land
shall be situated, to inquire and
determine whether such marsh,
swamp, or w0t lands are source
Of disease to the inhabitants, and
whether the public health would
be promoted by draining the same,
and to inquire and determine
whether such ditch or drain is nee
essary for the proper cultivation of
the same, and whether the pcrma-
nent assessed value Of said lands
will be increased by such DRAIN
Said application shall be fled with
the township clerk.
Sec. 2. Such application shall
state through whose premises, if
known, it is necessary for said ditch
or bitches to pass, and shall also
describe said lands. Ten days no.
tice shall be served upon the own
ers ofsaid lands, in like manner as
notices are required to be served in
commencement Of actions before
justices Of the peace, and said no.
tices shall state 1T what time said
application will be filed, and in
case the owner Of any said land
land shall be unknown to applicant
or . nonresident Of the State or
county, then three written notices
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 situa-
ted.
Sec. 3. Upon the fling Of said
application, the trustees shall agree
upon time when they will hear
aud determine upon said applica-
tton, 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
laid application, said trustees shall
sor if any Of the said township
trustees should not be present, the
trustee or trustees present, shall)
have power to hear and determine
the matters contained in said ap-
plication, or such trustee or trus-
tees may adjourn the hearing there
Of not more than ten days. And
upon the final hearing, said trustee
or trustees, shall determine wheth-
crit is necessary to pass through
any Of said land /; 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 be. And
said trustees may employ the coun-
~ surveyor to assist them, if nee
essary. The fee Of the surveyor
being paid in the same manner as
the other costs Of this proceeding.
Sec. 4. The person or persons
making the application tor the
dEain, may under the order of the
trustees, enter upon the premises
through which said drain is located
and construct the same in accord
ance with said specifications, upon
the payment Of the damages as
hereinafter provided.
Sec. S. If the trustees shall be
of the opinion that the drain will
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 af
ter payment Of the amount SO as
sessed, the person or persons max
ING application, may enter upon
said land and construct the same,
and if NO damages be assessed, then
the applicant shall have full power
to enter upon the land through
which said drain passes, with the
necessary implements to accom-
p1ish said work.
=. Sec. The trustees after having
decided in favor of or against said
application, shall reduce their de-
cisson to writing, and file the same
with the township clerk.
Sec. z. Either party feeling az
grieved by the decision of the trus-
tees III the assessment of damages,
may appeal to the circuit court OF
eho county III which the land is
situated; and the said court may
hear and determine in all matters
relating to said assessment. But
20 much Of the decision of said
trustees a. relates to the location,
width and depth Of said drain, shall
be dual. An appeal bond shall be
required IS in cases OF appeal from
Justices Of the peace and the same
shall be filed with the township
clerk, who shall approve it, and i'm
mediately thereafter shall certify
oil the original papers to the clerk
6fthe circuit court.
Sec. 8. After said drain is com
pletcd, it shall be kept in repair
under the direction Of the township
trustees, and when applied to il
writing by any person owing lane