Year: 1859

pared with that OF aFJiDlug lands, together
with such other facts as Ire may deem material.
1t shall be the duty af the,,eounty auditor, i'm.
mediately on said report being filed, to cause
notice in writing to begiven to the owner. or
Que of the owners of each tract Of land along
the route of such p-oposed ditch draiu wat
er course, of the pende6ey and prayer of said
petition, and of the time of the session of the
county conlaaissionefs at which the same will
be heard, which notice shall be served at least
ten days pi ior to said session, and aft la
Wit of said service filed with the county audit:
or; and in any such owner is not resi-
dent of the county, or sh 1uld any patty or par
| ties in interest die during the tendency of said
proceeding such death shall not work an a.
batement of such proceeding but the county
commissioners on being potiG thereof, shall
make such order they may deem pr,per for
giving notice to the person orpersons succeed
i ing to the right of such deceased party or par
ties. and notice of the peudency and 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 some
newspaper published or of general circulation
/ in said county.


Sec. 5. That any person or persons claim.
ing compensation for lands appropriated for
the puro pose OF constructing any ditch, drain
or water course under the provisions of this
act, shall make his, her Or their application





ers, on or before the third day of the session,
at which the petition has been set for hearing,
aud on failure to make such application, shall
be deemed and held to have waived his her,
or their right to such compensation.


Sec a. That said county commissioner, at
the session set for the hearing of said peti
tion shall if they find the requirements of
the second section of this act to have been
complied with, proceed to hear aud determine
said petition, and if they deem it necessary
shall view tie premises, and if they find such
| ditch, drain water course to be necessary
aud that the same is demanded by or will be
conclusive to the public health, convenience or
welfare, and no application shall have been
made for compensaiion provided in the third
section of this act. they shall proceed TO locate
and establish such ditch, drain or water
on the route specified in the plat and return of
siad county surveyor nr engineer. BI, if any
| application or applications for rnpepstatio as
aforesaid, shall have been made fu .ther pro-
ceedings by the county commissioners shall be
adjourned till the next regular session; and the
county auditor shall forthwith certify to the
pr bate judge of said county copy copies
of said application or applications, together
with descript or descriptions of the prop
epty sought to be taken or appropriated,
! con taiued in the plat er-report of The county
surveyor or ,giheer which shall be forthwith
docketed by said prebate judge, styling the
applicant appplicants plaintiffo or plaintiffs. and
| the unity commits. ouers defendant; aud such
proce, dings shall thereupon be had to assess
aud de'ermine the compensation of such claim
ant or claimants as are authorized and requir
ed BY the act entitled ian act to provide for
the com pensation to the owners uf private
property appropriated to tho use of corpora
tion," passed April So 1852. and the acts
amendatory thereof and supplementary thereto
SO far the same may be applicable;
aud the compensation found and assessed
IN favor of said claimants shall be certified by
the probate judge to the county auditor and
paid out of the couHiy treasury, from the gen.
eral fluid remain deposited there n for the
use of such claimant claimants; and said
county commissioners shall at he next regu-
lar session after such compensation shall have
been assessed and paid or deposited as afore
said, proceed % locate and establish such ditch,
drain or water-course as herein before provided.


Sec. 5. That said county csmr1issioners,
whenever they shall have esta blished any such
ditch, drain or water-course, shall divide the
same into suit able sections, not less in number
than the numbers of owners of land through
which the same may be located, and shall also
prescribe the time within which the work up
on such sections shall be completed.


Sec 6. That the county auditor shall
cause notice to be given of the time aud place
of letting, aud of the kind and amount of work
TO De QOUe upon Sa1Q SecLt0DS, ana the Time
fixed by the commissioners for its completion,
by publication for thirty days, in some news
paper printed, or of general circulation. in said
county, and shall let tue work upon said
tions respectively to the lowest bidder the refor;
and the person or persons taking such. work
at such letting. shall. on the completion there
of to the satisfaction of the count, conmissiou-
ers. to be paid for such work out of the
ty treasury upon ths order of the county aud.
hot
to whom any portion of said work shall be let
as aforesaid, shall fail to perform said work,
the same shall be re-le by .he county auditor
in the manner hereinbefore provided.


Sec T. That the county auditor shall
keep a full aud complete record ofall the pro.
ceedings had In each case under this aes.1Z


Sec g. That the auditor and surveyor
engineers shall be allowed such fees for serv-
ces under this act, the county commission
ers shall in each case, deem reasonable aud
allow, and all other fees and costs accruing
under this act shall be the same as provided
by law for like servises in other cases, aud all
costs, expenses costs of construction, fees and
compensr tion for properly appropriated which
shall accrue and be assessed and be determin.
ed under this act shall be paid out of the coun-
ty treasury, out of the general fund on the or
der of the county auditor, provided shat no
part of the same, except the compensation for
property appropriated, sh Ill be pail out of the
county treasury till the sum shall have bsen
levied aud collected as provided in the next
section of this act


Sec g. That the county commissioners
shall mako an equitabl apportionment of the
costs, expenses. costs # construction, fees and
compensa.ions for property appropriated, which
shall accrue, and be assessed and determined
under this act. among the owners of the land
benefited by the location and construction of
such di' ch drain or water course. in proportion
tn the beneir to each of them through. along
the line in the vicinity of whose lands the same
may he located and oonstruc'ed respectively;
and the same shall be leviel upon the lands
of the owners so benefited in said proper ton,
and collected in the same manner that other
taxes are levied and collected for county pur-
poses


Sec To- The act entitled "an act au'hor-