The weekly Oskaloosa herald. [volume] (Oskaloosa, Iowa) 1855-1885, 1872-06-06

mediate importance, shall take effect and
be in force from and after its publ
cation in the Daily Iowa State Register and
Leader, newspapers published at Des
Moines, Iowa. s.-
Approved April 30, 1872.
hereby certify that the foregoing act
was published in the Daily Iowa State
Register April 30, and in the State Leader
April 30, 1872. - 7. .f...aga
-0.r-.a. .'r..; ... ED WRIGHT,
.szsz Ell r.av Secretary of State.
- CHAPTER 22O. 1.,
An ACT to provide for locating, establish
ing and constructing bitches, drains and
water courses. . i-'- 70. -.a--
| l. BE it enacted by the Twelfth General
assembly of the State of Iowa, That the
county supervisors of any county having
not less than ten thousand population
shall have power, at any regular session,
whenever, in their opinion. the same is
demanded by, or will be conducive to the
public health, convenience, or welfare, to
cause to be established, located, and con-
structed, as hereinafter provided, any
ditch, drain or water-course within such
county. g. e. aa..g gtuFrssH ga
s g., That before the county supervisors
of. any county shall take any steps toward
locating or establishing any ditch, drain
or water course, there shall be filed with
the county auditor petition from ma
| jority OF the resident persons owning land
adjacent to the line of such proposed ditch,
drain or water-course, setting forth the
necessity of the same, with description
of its proposed starting point, route and
! terminus, and shall at the same time file q
bond with good and sufficient sureties, to
the acceptance Of the county auditor, con-
| ditioned to pay all costs and expenses in
CURED, in case the supervisors shall refuse
| to grant the prayer of the petition, and it
| shall be the duty ofthe county auditor, i'm
mediately thereafter, to place a correct
copy of said petition in the hands of the
| county surveyor, or a competent engineer,
| who shall theIeupon, taking with him the
necessary assistance. proceed to make an
| accurate survey OF the route of such pro-
| posed ditch, dram or water-c0urse, and on
! completion thereof shall return a plat, or
! plat and profile, of the same to said county
auditor, and shall also Set forth in his re-
| turn description ofthe proposed route, it's
| availability and necessity, with a descrip-
| ton of each separate tract of land through
which the same is to be located, how it
| will be affected thereby, and Its situation
| and level as compared with that of adjoin-
| ing lands, together with such facts as he
| may deem material 1t shall be the duty
| of the county auditor Immediately on said
report being filed, to cause notice in wri-
| ting TO be given to the owner or one of the
owners, of each tract of land along the
| line of such proposed ditch, drain or wa
| ter course, of the tendency and prayer of
said petition, and of the session ofthe coan-
| ty supervisors at which the same will be
! heard, which notice shall be served at least
| ten DAYS prior to said session. and an aft
davit of service filed with the county au-
| ditor, and in case such owner is not resi-
| dent of the county, or should any party or
parties in interest die during the tendency
of said proceeding, such death shall not
work an abatement of such proceeding, but
the county supervisors, on being notified
| thereof, shall make such order as they may
may deem proper for giving notice to such
person or persons succeeding to the right
| of such deceased party or parties and no
| tice of the tendency and prayer of said pc
| t.tion and the time OF hearing the same,
shall be given to such owner or persons,
| in some newspaper published and Of gen
eral circulation in said county. zffrs-
s 3. That any person or persons claim
ing compensation for. land appropriated
| for the purpose of constructing any ditch,
drain or water-course under the provisions
of this act shall make his, her or their ap-
| plications in writing, therefor to the cOun
| ty supervisors on or before the third day
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 compensation. --.-.... F..
s "A. That said county supervisors, at
the session set for the hearing of said pc
tition, SHALL if they find the requirement
of the second section of this act to have
been complied with, proceed to hear and
determine said petition; and if they deem
| il necessary shall view the premises and if
they find such ditch, drain or water-course
to be necessary, and that the same is de,
handed by, or will be conducive to the
public health, convenience, or welfare, and
on application shall have been made for
compensation as provided in the third sec
I ton of this act they shall proceed to To-
cate and establish such ditch, Drain or wa
| ter couese on the route specified in the
plat and return of said county sur
| veyor or engineer. But If any appli-
| cation or applications for compensa
ton as aforesaid shall have been made,
| further proceedings by the county super
visors shall be adjourned to the next regu-
lar session and the compensation so found
and assessed in favor OF said claimant or
claimants shall be paid in the first in
stance ythe parties benefited by such i'm
D. oyement, and said county auditor shall
at the next regular session after such COM
pensation shall have been assessed and
paid, or secured as aforesaid proceed TO To-
cate and establish such drain. ditch or wa.
ter-course as hereinbefore provided.
See. 5. That said county supervisors, when
ever they shall have established eny such ditch,
drain, or water course, shall divide the same into
suitable sections, not less in number than the
number of owners oflaRd through which the same
may be located, and shall also prescribe the time
within which the work upon such section shall
be completed. E#a ~ =. ss&s-
Sec. s.. That the county auditor shall cause
notice to be given OF the time and place OF let.
| ting, and Of the kind and amount of work to be
done upon said section, and the time liked by
the Supervisors for its completion, Dy puoiicaGon
ed and Of general circulation in said county, and
shall let the work upon such sections respective
ly to the lowest bidder therefor; and the person
| or persons taking such work at such letting
shall, on the completion thereof to the satisfac-
| ton of the county supervisors be paid Tor such
OF the county auditor, provided In section eight
hereof:y Pr0Cided, That II any person or persons
TO whom any portion OF said work shall be let as
aforesaid, shall fail TO perform such work, the
came shall be relet by the county auditor, in man
| ner hcreinbefore provided: 1lga saw 4 IgG4
| ProUided, further, That no water course shall
| be so changed as to deprive the owner of any
adj icent lands OF the benefit thereof, unless the
| owner shall consent thereto.
Sec. a.. The county auditor shall keep full
| and complete record OF all the proceedings had
| in each case under this act.
Sec. s That the auditor and surveyor or en-
gineers ehall be allowed such fees for services
under this act the county supervisors shall in
each case deem reasonable and allow and all 9TH
er fees and costs ACQUIRING under this act shall
| be the same as provided by law for like services
in other cases. and all costs, expenses, costs OF
construction fees, and compensation for proper
/ ty appropriated, which shall accrue and be as
| sessed and be determined under this act, shall be
| paid out of the county treasury, from the fund
collected for that purpose on the ordered the
county auditor.
| See. o. The county supervisors shall make an
| equitable superintendent of the costs, expenses,
costs ofconstruction, fees, and compensation for
| property appropriated, which shall accrue and
| be assessed and determined under this act,
| among the owners ofthe land benefited by the To-
| cation ana construction Of such ditch, drain or
water course, in proportion to the benefit to each
of them through, along the line in the vicinity
/ OF whose lands the same may be located and CON
j structed respectively. Andthe came may be lev