The Tipton advertiser. [volume] (Tipton, Cedar Co., Iowa) 1856-1962, 1870-10-06
LAWS OF IOWA,
PUBLISHED by AUTHORITY.
CHAPTER l59,

CHAPTER l59.
AN ACT to Provide for the Draining Of
Land.
Sec. l. BE Henacted by the General
assembly Of the 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 1t necessary in order thereto,
that ditch or bitches should be opened
through lands belonging to other pei
sons, IN case the owners Of any such
land shall refuse to permit the opening
OF such ditch, or bitches through the
same, or IL the parties cannot agree upon
the terms thereof, he may make appll-
cation in writing, to the township trus-
tees OF the township where such swamp
or marsh ishall be situated, to inquire
and determine whether such marsh or
swamp lands are source OF disease TO
the inhabitants, and whether the public
health would bepromoted by draining
the same, and to inquire and determine
whether such ditch or drain is necessa-
ry for the proper cultivation 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.
See. 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 land.
Ten days notice shall be served upon
the ownersof said lands, in like manner
as notices are required to be served in
commencement of actions before justic-
ca Of the Peace, and said notices shall
state at what time said application will
be filed, aud in case the owner Of any
said land shall be unknown to the ap-
plicant or a non resident of the State or
county, then three written notices shall
be posted for ten days, in three public
places in the neighborhood of the said
land, and in the township in which it is
situated.
Sec. 3. Upon the filing of such appi-
cation the trustees shall agree upon q
time when they will hear and deter
mine upon said application, and also
shall agree upon the place of their meet
ing. They shall give five days notice
of such time and place of meeting to al
persons interested, by posting up three
written notices thereof in three public
places in the said township. And upon
the day set for the hearing Of said appli
cation, said trustees shall. (or if any 0
the said township trustees should not be
present, the trustees present, shalD have
power to hear aud determine the mat
ters contained in said application, o
such trustee or trustees may adjourn th'
hearing thereof, not more than ten days
And upon the final hearing, said thus
tees, shall determine whether it is nee
essary to pass through any said land
and if they find it necessary, they shall
also determine the direction in whicl
said drain shall run, and the depth an,
width thereofas near as may be. Ant
said trustees may employ the count.
surveyor to assist them, if necessary
The fee Of the county surveyor bein,
paid in the same manner as the othe
costs Of this proceeding.
Sec. 4. The person or persons max
ing the application for the drain, ma.
under the order Of the trustees, ente
upon the premises through which SAT-
drain is located, and construct the sam