Tama County Republican. (Toledo, Tama County, Iowa) 1867-1872, 1872-06-06
lCon inued from lst page.
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vorable judgment thar the apprsise-
ment of such treeholders.
Approved April -, 1872.
CHAPTER 900.

AN ACT to provide for locating, es
tablishing, and constructing ditch
es, drains, and atercourses.
Section l. Be it enacted by tn
General Assembly of the State O
Iowa, That the county supervisors Q
any county having not less than tc'
thousand population shall have pow
er, ut any regular session, whenever
in their opinion. the same Is demand
I'd bv. or will be conducive to tn
public health. convenience or welfare
TO cause to be established. located
and constructed, as hereinafter pro
videl, any ditch, drain. or water
course within such county.
SEC. > That before the county sT
pervisors of any county shall tax,
any steps toward locating or estab
fishing any ditch, drain, CT water
course, there shall be fled with The
county, auditor petition from: a ma
iority Of the resident persons owning
land adjacent TO the line of such pro
posed ditch, dram or water course
setting forth the necessity OF tn,
same, with description OF its pro
posed starting point, route and ter
minus. and shall at the same time I'll,
a bond, with good and sufficient sure
ties. to the acceptance OF the county
auditor. conditioned to pay all costs
and expenses incurred, in case the SUI
pe,ylSors shall refuse to grant the
prayer of the petition, and it shall be
the duty of the county auditor, I'M
mediatelv thereafter, to place cor.
rect copy ct said petition in the
hands of the county surveyor, or 4
comnetent engineer, who shall there
| upon, taking with him the necessary
assistance, proceed to make an accu,
| rate survey OF the ronte of such pro
posed ditch, drain or water, course,
and on completion thereof. shall re-
turn plat or plat ard profile OF the
same to said county auditor, and shall
also set forth in his return descrip-
ton OF the proposed route, its avail
ability and necessity, with a descrip-
ton OF each separate tract OF land
through which the same is proposed
to be located. how it will be affected
thereby. and It's situation and level as
compared with that of adjoining
Ian ). together with such facts as he
NAV deem material II shall be the
dutr OF the county auditor, uEmedi-
ately on said report being fled, to
cause notice in writing to be given to
the owner, or one of the owners OF
each tcac: Of land along the route of
such proposed ditch, drain or water
course, Of the sendcncy and prayer
oi N petition, ani OF the session Of
the county supervisors at which the
same will be heard, which notice
Shall lie served at least ten days prior
10 said SESSION, and an affidavit of SER
vice fled with the county auditor,
and in ease such owner is not a resi-
dent I the county, or shoald any
PARTY q parties il interest die during
HE tendency .. said proceeding, such
leath snail not work an abatement OF
such roeeeling. but the county su-
pervi- ors, on being notified thereof
Shall make such order As they may
deem proper tor giving notice to the
person or persons succeeding to the
RIGHT Of such deceased party or pa
ties, and notice of the penaency aud
prayer OF said petition, and the time
OF hearing the same, shall be given to
such owner or persons, by publication
for two consecutive weeks in som,
newspaper published and OF general
circulation in said county.
SEC. 5. That any person or per
sons claiming compensation for land
appropriated 70. the purpose OF con
>lructing any ditch, drain OF water
course unier the provisions of this
#, shall make his, her or their appli
| cation, in writing. therefor to The
county supervisors on or before the
third day OF the session at which thu
petition has beea set for hearing, ant
on failure to make such application
shall be deemed and held to have
waived his, her or their right 20 s1cI
compensatien.
SEC. That said county supervis
! ars, at the session set Ter The hearing
O, said petit ION Shall, If they find tn
requlren Mt o. the second section Q
this act to have been complied witt
proceed TO hear and determine sai
petition; and IL they deem 1t necessa
ry, shall view. the premises, aud
they find such ditch, drain or water
course to be necessary, and that tn
same is demanded by, or will be cor
duclve TO the public health, cunven
renee, Or welfare, and on application
Shall have been made for compensa
ton, as provided in the third section
OF this act, they shall proceed to lo
cate aud establish SUCH ditch, dram O
water course, on the routespecitied i
the plat and return OF said county SUI
y.yor or engineer. But if any az
pIication or applications for compeI
eatlon, as aforesaid, shall have bee
made, further proceedings by til
county Supervisors shall be adjourne
ill the next regular session; aud tn
county auditor shall forthwith pre-
( coed To appoint appraisers 10 asses
AMI determine the damages and com
ftynSation o. such claimant. or clam
mas, who shall proceed IN the sam
nanrct as IS now or hereafter may b
tiuNIdEa Inv law for the Assessment
amaa IL the "pellng OF road
ard i44 ha ~ ; +; and The compensate
So ieut' and 9~SrSSei III iavor Of sal,
r.am.at = claimants shall be paid i
ttc ifs instance ty the parties bei
fitted ltY suel Improvement, or So
cured u he laid upon such terms an
conditions As th, county auditor ma
deem just ADD proper, and said conr
ty supervisors shat! at the next reg,
al session after such compensate
! NiluII E1SI hpt.ft .iASpS.pI and tai2 4,