Democratic Northwest and Henry County news. [volume] (Napoleon, O. [Ohio]) 1894-1905, 1896-02-13
CHANGE INTHE DITcHLAw.


following bill, changing the ditch law:
SECTION /. Be it enacted by the
General Assembly of the State OF
Ohio, That sections 4454, 4455 and
4459 Of the Revised Statutes of Ohio
be amended so as to read as follows:
Sec. 4454. Theeommissioners shall
upon receiving notice from the audi
tor Of the filing Of said petition and
before meeting to hear proof for or
against the construction of said i'm
provement, caused to be entered on
their journal an order directing the
county surveyor. or an engineer, to
go upon the line described in the
petition, and survey and level the
same, set stake at every hundred
feet, numbering down stream, note
the intersection of the lines, land
marks bench-marks and road eros
sings, and estimate the number of
cubic yards of earth or other sub
stance to be removed, and the cost
per cubic yard of each working sec
ton as hereafter provided, and of
each section of one hundred feet; the
surveyor or engineer shall also make
a report, profile and plat Of the same
in accordance with this and the two
following sections; whichreport, pro-
file and plat shall be prepared and
ready for use by the commissioners
at their hearing of proof for or
aginst said improvement, and shall
be an aid to them in concluding to
grant or reject the prayer in the peti
tion. Should the commissioners find
lNof \ fIn 30 Il in h.
ton is not the best one to effect the
object proposed, they shall in accord
ance with section 4489 of the Revised
Statutes changes said route, and di-
rect the county surveyor or engineer
to change his report, profile and plat
in accordance with the change of
route. II the commissioners find that
said proposed improvement is neces-
sary to the public health, conven-
ience or welfare, and that to the sign
er or signers of the said petition will
result at least one-half of the benefits
to be derived from said Improvement,
the ditch or improvement may be
granted
Sec. 4455. The commissioners shall,
also, by their orders, direct the sur
veyor or engineer to make and return
a schedule of all the lots and lands,
public or corporate roads or railroads
that will be affected, with an ap-
pointment of the cost of location and
the labor of constructing the improv-
ement in money, in proportion to the
amount of aoater that each WiU, or
may, drain into such Uater-cOurSe, to
its final outlet, and a specification of
the manner in which the improve
ment shall be made and completed,
the number Of flood gates, waterways,
farm-crossings and bridges necessary,
including kinds and dimensions there
of, and all county and township lines
and railway crossings.
Sec. 1859 Ifthe commissioners find
that the apportionment reported by
the surveyor or engineer, is unfair
and unjust, and ought not to be con-
firmed, they shall so amend it as to
make it fair and just in proportion to
the amount of a0Gter that each lot,
tract of land and public or corporate
roads or railroads aUiiL, or may, drain
into such aUater-cOurSe to its final out
let, and If necessary, in their opinion,
they may adjourn, defer the hearing,
not exceeding twenty days, unless
for cause, further time is necessary,
to day to be fixed by them and to
go upon the premises, and view the
same and apportion the entire cost
of location, aud construction of any
part thereof, as may seem just and
proper, but if part is not included in
the engineers .apportionment, are
found to be Interested, and are asses
sed by the commissioners, such party
shall be notified as provided in sec
tion four thousand four hundred and
ifty-one, and the commissioners shall |
On the day fixed in said notice, again |
meet at the auditors office and de-
ermine of apportionment.
Sec. 2. This act shall, take effect |
Ind be in force from and after it's
passage.