The Tipton advertiser. [volume] (Tipton, Cedar Co., Iowa) 1856-1962, 1872-07-25
LAWS OF IOWA.
PUBLISHED BY AUTHORITY.
CHAPTER 22O.

and 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, 20
cause to be established, located, ana
constructed, O. hereinafter provided,
any ditch, drain, or water-course with
in such county.
Z 2. That before the county super
visors of any county shall take any
steps toward locating or establishing
any ditch, drain, or water-course, thero
shall be filed with the county auditor
Q petltion from majority Of the real.
dent persons owning land adjacent to
the line OF such proposed ditch. drain.
or water -courso, setting forth the me-
cessity Of the same, with description
of the proposed starting point, route
and terminus, and shall at the same
time fle . bond, with good and sufEi-
cient sureties, to the acceptance Of the
county auditor, conditioned to pay all
costs aud expenses incurred, In case
the supervisors shall refuse to grant
the prayer of the petition, and 1t shall
be the duty of the county auditor, i'm
mediately thereafter, to place . correct
copy Of said petition in the hands Of
the county surveyor, or . competent
engineer, who shall thereupon, taking
with him the necessary assistance,
proceed to make an accurate survey Of
Of the route Of such proposed ditch,
drain, or water-course, and on comple-
ton thereof, shall return . plat, or
plat and profile Of the same TO the
county auditor, and shall also set forth
in his return Q description Of the pro-
posed route, its availability and nec-
essity, with description Of each sspa-
same is proposed to be located, how IL
tion and level as compared with that
Of adjoining lands, together with such
facts rs he may deem material. It
shall be the duty of the county auditor,
Immediately on said report being dled,
to cause notice in writing to be given
to the owner, or one Of the owners of
each tract of land along the route of
such proposed ditch, drain, or water
course. of the tendency and prayer Of
said petition, and Of the session Of the
county supervisors ct which the same
will be heard, whice notice shall be
served at least ten days prior to said
session, and an affidavit Of service filed
with the county auditor, and In case
such owner is not 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 supervisors, on being
notified thereof, shall make such order
as they may deem proper for giving
notice to the person or persons succeed
ing to the right of such deceased party
or parties, and notice Of the pendency
and prayer of said petition, and the
time of hearing the same, shall be giv-
en- to such owner or persons, by publi-
cation for two consecutive weeks in
some newspaper published and of gen.
eral circulation In said county.
s3. That any person or persons
claiming compensation for land appr0-
priated for the constructing any ditch,
drain, or water-course under the pro-
visions of this act, shall make his, her,
or their application, in writing, there
for to the county supervisors on or be-
fore 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.
"a. That said county supervisors,
at the session set for the hearing Of said
petition shall, ii they find the require
ment Of the second section Of this act
to have been complied with, proceed
to hear and determine said petition;
and II they deem It necessary, shall
view the premises, and II they find
soch ditch, drain, or water-c0urse TO be
necessary, and that the same 10 de-
l l<,A ~ hn A,,<,
public health, convenience, or welfare,
and on application shall have been
made for compensation, as provided In
the third section of this act, they shall
proceed to locate and establish such
ditch, drain, or water course, on the
route specified in the plat and return
Of said county surveyor or engineer
But If any application or applications
for compensation, AZ aforesaid, shall
have been made, further proceedings
by the county supervisors shall be ad-
journed till the next regular session;
and the county auditor shall forthwith
proceed to appoint appraisers to assess
and determine the damages and COM
pensation of such claimant, or claim.
ants, who shall proceed in the same
manner as is now or hereafter may be
provided by law for the assessment of
damages in the opening Of roads and
highways; and the compensation 90
found and assessed In favor Of said
claimant or claimants shall be paid in
the first instance by the parties bene-
| fitted by such improvement, or secured
to be paid upon such terms and c0ndi-
tions as the county auditor may deem
just and proper, and said county super
vis0rs shall at the next regular session
after such compensation shall have
been assessed and paid. or secured as
Aforesaid, proceed to locate and estab-
lish such ditch, drain, or water. course,
as hereinbefore provided.
| as. That said county supervisors,
whenever they shall have established
any such ditch, drain, or WAter-cOurse.
shall divide the same into suitable
sections, not less In number than the
number of owners Of land through
| which the same may be located, aud
shall also prescribe the time within
which the work upon such section
shall be completed.
s6. That the county auditor shall
cause notice to be given of the time and
place Of letting, and Of the kind and
amount Of work to be done upon said
section, and the time fixed by the su.
pervisors for its completion, by publ
cation for thirty days In some newspa-
pers printed aud Of general circulation
IN said county, and shall let the work
upon sections respectively to the low.
est bidder therefor; and the person OF
persons taking such work at such let.
ting shall, on the completion thereof
to the satisfaction of the county super.
visors be paid for such work out Of the
county treasury upon the order of the
county auditor, as provided In section
eight hereof: Provided, That II any
person or persons to whom any portion
of said work shall be let O. sforesaid
shall fail to perform said work. the
same shall be relet by the county audi
tor, in manner hereinbefore provided: |:
Provided, further, That no wate,
course shall be changed as 10 depriy1
the owner of any adjacent lands 81 tn,
benefit thereof, unless the owner shal
consent thereto. :.
a.. The county suditor shall kee,
J . full and complete record Of ali nrs,
ceedings had In each case under thi
act. l9sa
Il sS. That the auditor and survevo
or engineers shall be allowed euch ~
for services under this act. e the CON 4
ty supervisors shall In ali caaAa daen
reasonable and 0llOvv. and al rth.. ~