Perrysburg journal. (Perrysburg, Wood Co., O. [Ohio]) 186?-1965, 1883-01-12

For Cleaning Out nnd Keeping In Jte-
pair Public Drains and w ntei cotses


thi state shall have power to clean out.
widen, straighten and deepen, or either,
any ditch, drain or watercOurse within
their respective counties as hereinafter pro.
vidcd.
SEC. 9 The provisions OF this act
shall apply ouly to bitches, drains aud
waiercouises located, established aud con-
structed by the county commissioners or
township truatees under tile laws of this
State.
SEC. g. Whenever n majority Of the
resident land owners whose lands are ada
cent to, aud will be tnxed for the improve.
ment conteM plated IN any such ditch, drain
or waterceutse, shull sign a petition there
for setting forth the necessity for the
widening, deepening, STRENGTHENING and
cleaning ont, or either, OF amy snch ditch,
and shall lille the same with the county
auditor, and shall elso file u bond IN amount
and with snrcties to the acceptance ufihe
county auditorlconditioned to pay all costs
mud expenses caused by the bearing of said
petition in case the prayer thereof shall
not lie granted; the comfy commissioners
shall proceed. at their first regular or called
session after the filing of said petition and
bond, to hear and determine the question
of granting the prayer Of the petitioners,
and ii in their opinion the improvement
prayed Tor is demanded by and will he
conducive to the public health, convenience
and welfare, they shall No find and enter
| their fndng upon the journal Of their
| proceedings, aud If said county commits
siuners shall find that the Improvement
PRAYED is moi demanded by, and will rot
be conducive To the public health, conven.
ience aud welfare, they shall not take amy
other or further action in the matter, and
shall enter mn order upon their journal re.
quiring the bondsmen to pay the costs Of
said hearing.
SEC. 4. Whenever the county commits
sioners shall grant the prayer Of the petit
tioners they shall at the same session pro.
ceed to levy a tax on each ncre of land
drain 'l by the particular ditch, drain or
wa,ercourse on which the Improvement Is
prayed for in the petition, without regard
TO the valuation thereof, but according tn
the benefits to lie derived from said im-
piovemehts, aud which levy shall lie put
upon the duplicate against said lands an.
nually, unless otherwise ordered by the
county commissioners, aud The amount OF
money collected from said levy, shall con-
stitute a separate fund for each separate
ditch improvement herein provided Tor,
and shall be expended only for the pnr.
poses and in the manner herein provided.
SEC. 5. Whenever the county commits
sioners shall find the improvement prayed
for in any case is demanded by aud will be
conducive to the public health, convenience
and welfare, as in the manner hercinbeiore
provided, they shall appoint one of tie
petitioners for said Improvement to act M
supervisor for said ditch. drain or water,
course.
SEC. 6. Before entering upon his du-
Il Ill. D.,
such sum and with such sureties rs may be
required and approved by the county. COM
missioners, and conditioned for the faithful
performance of his duties, and that he will
faithfully and honestly keep and pay over
all moneys that he may receive in his
Office OF supervisor of said ditch.
SEC. z. II shall be the duty of IN id
supervisor TO let the work of cleaning out,
widening, deepening and Strengthening said
ditch 10 The logest responsible bidder, in
sections OF not ex ceeding one mile in length
! and take bond for the faithful compile.
tion of the work, and the work shall moi
be so lei again by the supervisor, and he
, shall have power, whenever in his opinion
the same is necessary, 10 enter upon any
. section OF the work so let, when the same
is not completed according TO the contract
or the work is not proceeding SATISFACTORY
! ly, with men and teams and complete the
same, and charge the expense of the same
TO the said contractor, and he shall like
!, wise have power to enter upon any i'm
proved or unimproved lands drained by
), said ditch improvement at any lime ioI
e the purposes OF this act provided; tha,
, said supervi or shall give notice TO land
owners, who are residents ut least six
months before, that he Intends ut such s
3 time, to clean out, widen, straighten and
n deepen said ditch; said supervisor shall &c
4 over said ditch improvement ut least once
: in the spring OF the year, tor the purpose
of determining upon actual view the con.
8 dition OF said ditch, and shall, on sight Oh
i information at any other time Of year
:, remeve, or Cause tu be removed, all drift
wood, fallen timber, rails, crossings, water
gaps or other instructions, which he may
II find in or upon said ditch, and which, il
|. his opinion. does or may ol,struct the fre,
/. flow OF water in said ditch, and the las
- above named improvements shall be made
e by ys,id supervisor, without notice to land
p owners, heretofore provided for, and al
4 smcl, distractions so found in or upon sai,
g ditch, which the supervisor shnl find wer
/. placed in or upon said ditch by the land
p owners upon whose lands said obstruction
# may be found, shall be removed by sal,
It ers, and all distractions found III sal,
II diich, except these arising from the de
d post Of earth, sand and gravel, and II,
i. growth OF grass aud weeds and brush
!. naturally. and without Artificial obstrut
n tions to cause the same, shall he deeme
rs and held to he placed there by the act q
h he owner of the land, and said land owne
&C shall, also, he held Tor all acts and omi,
10 sions of his tenants, pertaining TO sui
D. ditch.
SEC. s. Said supervisor shall keep
n separate and exact account with each sel
y. araie andowner along the line OF h
r. ditch whose lands are taxed M herei
III provided, and shall enter therein To- enc
Of salt! land. owners the sum expended Il
D. him in removing the distractions l,ereii
d before mentioned, and shall present tn esc
ID of said land owners tue account of ii
sums so expended aud demand paynei
" thereof, and ii payment II mt made will
q in thirty days, said supervisor shall brii
ID suit for The same in his own name M SUI
De ervi or of SAID ditch, in any court huvii
jurisdiction Of the amount sued for, IA
oi make the money upon execution, or otlle
20 wire according To law, and account fir ii
p' same M hereinafter provided.
lie SEC. 8. A moneys that may CON
'l- into the hands Of SAID supervisor fro
he collections by unit ar otherwise, shall
lie ny him paid over to the county treasur
M 10 The credit of the ditch Of which he is Il
re supervisor, and no moneys shall he pa
out of said lnnd except upon an accon
IN approved hy said supervisor aud upon I
order of the county commissioners draw
nd in favor of The person or persons. to who
ng the same is shown to be due. and apon /
fund Of The specified ditch, in the lreasur
NJ SEC. 10. The said ditch supervis
w shall annually report 10 the county co..
missioners nis dongs. including work do
ew by him on bitches as herein provided, a
moneys collected by him by suit or olhe
wise, and the condition OF the ditch II
number Of acres Of land drained by /
same, and the necessity for any other
ny further improvements thereon, and M
rs report shall be made by said supervisor
IN The first regular meeting of the coun
-, g