Democratic Northwest and Henry County news. [volume] (Napoleon, O. [Ohio]) 1894-1905, 1894-05-31
NEW DITCH LAW.

SEC. 4451. The petition shall be
filed with the county auditor and
shall set forth the necessity and bene,
t1ts OF the improvement and describe
the beginning, route and termini
thereof. 1t shall also contain the
names of all persons and corporations
either public or private, who in the
opinion of the petitioner or petition
ers are in any way affected or benefit
ed thereby, and [there1 shall be filed
Herewith a bond, subject to the ap-
proval of said auditor, payable to the
state of Ohio, with at least two suf-
| ticient sureties, in not less than two
hundred dollars, conditioned for the
payment of all costs il the prayer of
the petition be not granted or be dis
missed for any cause. Should the
names of any person or corporation,
either public or private, who are in
any way affected by the proposed i'm
provement, be omitted from the
petition, it shall be the duty of the
commissioners, when they discover
that such omission has been made, to
supply such names, and cause notice
to be served as herein provided.
SEC. 44510. Said auditor shall there
upon give notice to the commissioners
OF the filing of said petition, together
with a copy thereof. He shall fix a
day for the hearing of the same-not
more than thirty days from the date
OF said notice. He shall prepare and
deliver to said petitioners, or any one
OF them, notice in writing, directed
to the lot or landowners and to the
corporations either public or private
affected by said improvement, setting
forth the substance, pendency and
prayer of such petition, a copv of
which notice shall be served upon
each lot or landowner or left at his or
her usual place of residence, and up
on an officer or agent of each public
or private corporation having it's
place of business in the county, at
least fifteen days before the day set
for hearing, and the person who
serves such notices shall make return
on the notice, under oath, of the time
and manner of service and file the
same with said auditor on or before
that day. Said auditor shall, at the
same time, give q like notice to each
nonresident lot OF landowner by pub
llcatlon in a newspaper, printed and
OF general circulation in the county,
at least two weeks before the day set
for hearing, which notice shall be
verified by affidavit of the printer, or
other person knowing the fact. and
tiled with said auditor on or before
that day, and no further notice of
SAID petition or the proceedings had
under the same shall thereafter he TO-
quired.
SEC. 1852. Said commissioners shall
meet at the place of beginning of said
ditch as described in the petition on
the day so fixed, as aforesaid. and
hear any and all proof offered bv any
OF the parties affected by said i'm
provement and other persons COM
petent to testify and determine the
necessity thereof; and may adjourn
from time to time and to such place
as the nece ssity of the work may re-
quire; and in case said commissioners
md for said improvement, they shall
tx a day for the hearing of applica-
tlon for any appropriations of land
taken for said improvement and dam
ages said parties affected by said i'm
provement, or any of them, may sus-
tain thereby, and for the approval of
the report of the surveyor, as herein
after provided for.
SEC. 1850. At any time on or before
the day set, for hearing, as provided
in section four thousand four hundred
and tifty-two, any person or corpora
ton whose lands are taken or affected
in any way by such improvement may
make apnliaatiop to col III oo,n,n;.,;o,s
ers in writing for compensation or
damages, and they, or any of them,
may make an application in writing
for change or alteration of the line
of the ditch through their premises,
and failure to make such application
shall be deemed and held to be a
waiver of all rights thereto. Passed
April 10, 1894.