The weekly Ottumwa courier. [volume] (Ottumwa, Iowa) 1857-1872, 1872-06-13
LAWS OF IOWA,
pvBLIsHED sr AUTHORITY.
CHAPTER 80.
AN,ACT to provide for locating, es-
tablishing, and constructing bitches,
drains. and WhtHr-cOurDcs.

CHAPTER 22O.
AN, ACT TO provide for locating, es-
tablishing, and constructing bitches,
drains, and whter-ccurscs. s
GEc1Iox /. Be I 1t enacted by the
General Assembgv Of the State Of Iosca,
That the county supervisors Of any
county having not less than ten thou
sand population shall havo power, at
any regular session, whenever, In their
opinion, the came is demanded by, on
will be conducive TO the public health,
established, located, md constructed,
As hereinafter psovidsd, any ditch,
drain, or water-coursc within such
SIC. ]. That before bif The county
supervisors Of any county shall take
any steps toward locating or establish
ing any ditch, drain, or water-conrse,
there shall be filed with the county
auditor q petition Aom majority OF
the resident persons owning land ad-
jacent TO tho line of such proposed
ditch, drain or water-c0urse, setting
forth the necessity Of the same, with q
description Of its proposed starting
point, route aud terminus, and shall at
the same time fllc : bond, with good
and suf1cient surcties,to the acceptance
Of the county auditor, conditioned to
pay all costs and expenses incurred, In
case the supervisors shall refuse to
grant tho prayer Of the petition, and
Il shall be the duty Of the county au.
ditor, Immediately thereafter, to place
. correct copy Of said petition iii the
hands of the county surveyor, or a
competent engineer, who shall there-
upon, taking with him the necessary
assistance, proceed to make an accurate
survey Of tho route Of such proposed
ditch, drain, or water-course, and on
completion thereof, shall return q plat,
or plat and profile Of the same To said
county auditor, and shall also set forth
in bis return description Of the pro-
posed route, its availability and neces.
sity, with . description OF each sepa-,
rate tract Of land through which the
same Is proposed to be located, how it
Will bc Affected thereby, and its situa-
ton and level as compared with that Of
adjoining lands, together with such
\
shall be the duty Of the county audi
tor, Immediately on said report being
fled, to cause noticefu whiting To be
k1veif testho oAaser, or 0Ae Of the
owners Of each uact Of land alepg the
route Of such proposed ditch, dr4iMaorl
water-course, Of the pendency and
prayer Of said petition, aud or the
session Of the county supervisors at
which the same will be heard, which
notice shall be served at least ten days
prior to said session, and an affidavit.
Of service fled with the county audi.
tor, and in case such owner is not q
resident of the county, or should any
party or parties IN interest die during
the pendency of said proceeding, such
death shall not work an abatement Of
such proceeding, but the county super
visOrs, on being notified thereof, shall
make such order as they may deem
proper for giying. notice Ia tla. uersa,a
such deceased party or parties, and
notice of tho nen9lencv and nrayer Of
said petitiOn. and the time Of hearing
the same. shall be qfycn to snch owner
or nersons. Nv publication for two con-
secutiye weeks in some newspaper
nublished and of general circulation
In said county.
SEC. 3. That any person or persons
claiming compensation for land appro-
priated for the purpose demonstrating
any ditch, drain, or water-course un-
der the provisions Of this act, shall
make his. her or their application, in
writing. therefor to the county super
yisors On or before the third dav Of the
session at which the petition has been
set for hearing. and on failure to make
such application, shall be deemed and
held to have waived his. her or their
right TO such conversation.
Erc. 4. That said coIinty superyis.
ors. Al tho session set for the hearing
of said petition shall. if thew find tho
requirements Of the second section Of
this act to have been complied with,
proceed 10 hear and determine said be-
tition and IL thew deem il necessary.
shall view the premises. and il they
find such ditch. drain or water-conrse
10 be necessary. and that the same il
demanded. or will be condnciye 10 the
nnhlic health. convenience or welfare
And IN annlication shnll have been
made for compensation. AZ provided
for in the third section OF this act, they
shall proceed 10 locate and establish
such ditch, drain or watcr-coursc, on
the ronte specified IN the Mat and re
turn Of said county surveyor or engin-
cer. But IL any application or appli-
cations for Concentration. as aforesaid.
shall have been made, further proceed
inrs nv tho cnnntv sunerv;snrs shali