APPENDIX. LAWS OF OHIO RELATING TO DRAINAGE. An Act to provide for locating, establishing and constructing ditches, drains and watercourses. [Passed and took effect March 24, 1859. 56 vol. Stat. 58.] SECTION I. Be it enacted by the General Assembly of the State of Ohio, That the county commissioners of any county shall have power, at any regular session, whenever, in their opinion, the same is demanded by, or will be conducive to the public health, convenience or welfare, to cause to be established, located and constructed, as hereinafter provided, any ditch, drain or watercourse, within such county. SEC. II. That before the county commissioners of any county shall take any steps toward locating or establishing any ditch, drain or watercourse, there shall be filed with the county auditor a petition from one or more persons owning lands adjacent to the line of such proposed ditch, drain or watercourse, setting forth the necessity of the same, with a description of its proposed starting point, route and terminus, and shall, at the same time, file a bond with good and sufficient sureties, to the acceptance of the county auditor, conditioned to pay all expenses incurred, in case the commissioners shall refuse to grant the prayer of the petition, and it shall be the duty of the county auditor immediately thereafter, to place a correct copy of said petition in the hands of the county surveyor or a competent engineer, who shall thereupon, taking with him the necessary assistance, proceed to make an accurate survey of the route of such proposed ditch, drain or watercourse, and on the completion thereof, shall return a plat, or plat and profile of the same to said county auditor, and shall also set forth in his return a description of the proposed route, its availability and necessity, with a description of each separate tract of land through which the same is proposed to be located, how it will be affected thereby, and its situation and level as compared with that of adjoining lands, together with such other facts as he may deem material. It shall be the duty of the county auditor, immediately on said report being filed, to cause notice in writing to be given to the owner or one of the owners of each (425) 37 tract of land along the route of such proposed ditch, drain or watercourse, of the pendency and prayer of said petition, and of the time of the session of the county commissioners at which the same will be heard, which notice shall be served at least ten days prior to said session, and an affidavit of said service filed with the county auditor; and in case any such owner is not a resident of the county, or should any party or parties in interest, die during the pendency of said proceeding, such death shall not work an abatement of such proceeding, but the commissioners, on being notified thereof, shall make such order as they may deem proper, for giving notice to the person or persons succeeding to the right of such deceased party or parties, and notice of the pendency 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. III. That any person or persons claiming compensation for lands appropriated for the purpose of constructing any ditch, drain or watercourse under the provisions of this act, shall make his, her or their application in writing therefor to the county commissioners, on or before the third day of the session, at which the petition has been set for hearing, and on failure to make such application, shall be deemed and held to have waived his, her or their right to such compensation. SEC. IV. That said county commissioners, at the session set for the hearing of said petition, shall, if they find the requirements of the second section of this act to have been complied with, proceed to hear and determine said petition; and if they deem it necessary, shall view the premises, and if they find such ditch, drain or watercourse to be necessary, and that the same is demanded by or will be conducive to the public health, convenience or welfare, and no application shall have been made for compensation as provided in the third section of this act, they shall proceed to locate and establish such ditch, drain or watercouse on the route specified in the plat and return of said county surveyor or engineer. But if any application or applications for compensation as aforesaid, shall have been made, further proceedings by the county commissioners shall be adjourned till their next regular session; and the county auditor shall forthwith certify to the probate judge of said county a copy or copies of said application or applications, together with a description or descriptions of the property sought to be taken and appropriated, as contained in the plat or report of the county surveyor or engineers; which shall be forthwith docketed by said probate judge, styling the applicant or applicants plaintiff or plaintiffs, and the county commissioners defendants; and such proceeding shall thereupon be had to assess and determine the compensation of such claimant or claimants, as are authorized and required by the act entitled an act to provide for compensation to the owners of private property appropriated to the use of corporations," passed April 30, 1852, and the acts amendatory thereof and supplementary thereto, so far as the same may be applicable; and the compensation so found and assessed in favor of said claimant or claimants shall be certified by the probate judge to the county auditor and paid out of the county treasury, from the general fund, or remain deposited therein for the use of such claimant or claimants; and said county commissioners shall, at the next regular session after such compensation shall have been assessed and paid or deposited as aforesaid, proceed to locate and establish such ditch, drain or watercourse as herein before provided. SEC. V. That said county commissioners, whenever they shall have established any such ditch, drain or watercourse, shall divide the same into suitable 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 upon such sections shall be completed. SEC. VI. That the county auditor shall cause notice to be given of the time and place of letting, and of the kind and amount of work to be done upon said sections, and the time fixed by the commissioners for its completion, by publication for thirty days, in some newspaper printed, or of general circulation in said county, and shall let the work upon said sections respectively to the lowest bidder therefor; and the person or persons taking such work at such letting, shall, on the completion thereof to the satisfaction of the county commissioners, be paid for such work out of he county treasury upon the order of the county auditor; provided, that if any person or persons to whom any portion of said work shall be let as aforesaid, shall fail to perform said work, the same shall be re-let by the county auditor, in the manner herein before provided. SEC. VII. That the county auditor shall keep a full and complete record of all proceedings had in each case under this act. SEC. VIII. That the auditor and surveyor or engineers shall be allowed such fees for services under this act, as the county commissioners shall, in each case, deem reasonable and allow; and all other fees and costs accruing under this act shall be the same as provided by law for like services in other cases, and all costs, expenses, costs of construction, fees and compensation for property appropriated, which shall accrue and be assessed and be determined under this act shall be paid out of the county treasury, out of the general fund, on the order of the county auditor, provided that no part of the same, except the compensation for property appropriated, shall be paid out of the county treasury till the sum shall have been levied and collected as provided in the next section of this act. SEC. IX. That the county commissioners shall make an equitable apportionment of the costs, expenses, cost of construction, fees and compensation 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 ditch, drain or watercourse, in proportion to the benefit to each of them through, along the line, or in the vicinity of whose lands the same may be located and constructed respectively; and the same may be levied upon the lands of the owners so benefited, in said proportions, and collected in the same manner that other taxes are levied and collected for county purposes. SEC. X. The act entitled "an act authorizing the trustees of townships to establish watercourses and locate ditches in certain cases," passed May 1, 1854, and the act amendatory thereto, passed April 14, 1857, and the original act, passed February 24, 1853, on the same subject, are hereby repealed: Provided, that no proceedings had or commenced under any law repealed by this act shall be affected by such repeal. SEC. XI. This act to take effect from and after its passage. An Act to authorize the making roads and drains in certain cases. SECTION I. Be it enacted by the General Assembly of the State of Ohio, That any person, persons, or company, having the ownership or possession of low lands, lakes, swamps, quarries, mines, or mineral beds that, by means of adjacent lands belonging to other persons or public highway, can not be approached, worked, drained, or used in the ordinary manner, without crossing said lands and highways, may be authorized to establish roads, drains, ditches, railways, or tunnels to said places, in the manner herein provided. SEC. II. The party desiring to make such improvements shall file a petition therefor with the commissioners of the county |