May condemn property for levee purposes.-For levee and embankment purposes, as mentioned above, the trustees are authorized to appropriate private property, and the proceedings must be under and according to the law relating to the appropriation of private property to the use of corporations, provided that before any steps are taken toward the construction of such levees all expenses and costs necessary to the location or construction of the same must be paid, or guaranteed, in writing, by the person or persons interested, or some of them. 4614. UNDER DRAINS. Outlet. Whenever it becomes necessary to enter upon the lands of another to secure an outlet to an underground drain or ditch, the person so entering upon the lands of another is required to continue the underground drain to such a place for an outlet as shall not damage the lands by water emptying on the same.1 When owner may be required to pay.—Whenever such underground drain becomes a benefit to the owner of the lands through which it passes, he may be required to pay a reasonable share of the cost of the drain upon his premises, and may use the same for an outlet for such drains as he may see fit to make.1 When owners can not agree, trustees may act.—When the parties or owners of land to be thus drained fail to agree as to location of underground drain and the amount to be paid by each, the trustees of the township or townships must locate the under drain, specify the size and quality of the tile or other material to be used, the depth at which it is to be. placed, and apportion the expense of construction among the parties interested.1 Trustees may proceed under ditch laws.-If the trustees deem it hest, they may proceed under the existing ditch laws, above set forth in this chapter, to perform the duties as to under drains; and upon the failure or refusal or either party to pay 1 Enacted April 23, 1891, 88 Laws, 350. the amount of expense determined by the trustees, the other party may bring an action therefor, before any justice of the peace of the township, and pursue the same to judgment and execution. In the construction of such underground drain upon the lands of another, the person so entering to construct the same is liable for all damages to crops.1 Supervisor to keep ditches open to sufficient depth.—The ditches and water-courses upon public highways into which such underground drains empty must be kept open by the supervisor of such public highway, to a depth sufficient for the proper drainage of such highways.2 DITCHES EMPTYING INTO ADJOINING COUNTY. Whenever the township trustees construct a ditch emptying its waters into an adjoining county, or into any ditch, drain, or water-course constructed therein, the commissioners of such county and the trustees may agree as to the amount to be paid by the trustees for the use and benefit of such outlet, the funds to be paid by the trustees to be assessed by them upon the lands benefited, and collected in the manner prescribed by law for collecting assessments for constructing township ditches.3 Proceedings in case of failure to agree.-In case of failure to agree, the commissioners may commence an action in the court of common pleas of either county to have the court fix the amount to be paid for the use of the outlet. The petition should set forth the construction of the ditch and the failure to agree or pay for the use of the outlet, and pray the court to appoint commissioners and fix the amount to be paid.3 Proceedings of the court.-The court being satisfied that the 1 Enacted April 23, 1891, 88 Laws, 350. If this act is to be construed as authorizing one person to enter upon and make use of the lands of another without the consent of the latter, its constitutionality may be questioned. 2 Enacted April 23, 1891, 88 Laws, 350. 3 Enacted March 20, 1889, 86 Laws, 123. facts are as stated above, is required to appoint three disinterested freeholders not residents of either county, who are required within thirty days thereafter, upon actual view of the outlet and ditch or ditches whose waters flow into the outlet, to estimate and report to the court the amount which should justly be paid for the use of the outlet.1 Sink holes.-An act passed April 19, 1883, authorizes the township trustees to open, enlarge, widen, alter, deepen, wall up, and protect any sink hole or fissure, break or opening, in the earth or rock, situate in the township, under certain circumstances, and upon certain conditions therein set forth. The act is a long and elaborate one, but is not deemed of sufficient general interest to warrant its insertion. It may be found in the Laws, Vol. 80, page 206. 1 Enacted March 20, 1889, 86 Laws, 123. CHAPTER IX. ELECTIONS. WHEN AND WHERE HELD. Presidential election.-The presidential election is required to be held on the Tuesday next after the first Monday in November, of every fourth year, counting from the year 1880. 2968. State and county elections.-The election for state and county officers is required to be held on the Tuesday next after the first Monday of November in each year. 2978. Township elections.-On the first Monday of April annually, the electors of each township are required to assemble at the place appointed by the trustees (or by advertisement of the commissioners in case of a new township) for the purpose of electing township officers. 1442. Where held.—All elections are to be held at such place within the township as the trustees may designate,' and they may lease or contract for a site on permanent lease, or otherwise, and erect thereon a house for that purpose. 1443, 2923. 1 As amended, 86 Laws, 94. Under the statutes, electors of a city are not entitled to vote for assessors and supervisors of highways, as officers of the township; but in the offices of township trustees, clerk, treasurer, justices of the peace, and constables, electors of a city have, in some, or in all respects, a like interest with the electors of the township outside the city limits, and are entitled to vote in the choice of the same. State Ward, 17 Ohio St. 544. The Ar action lies against township trustees for refusing a lawful vote, without proof of express malice Jeffries v. Ankeny, 11 Ohio, 372. NOTICE OF ELECTION. How required.-It is provided that the township trustees shall give notice of township meetings, as follows: Warrant to constable.--At least twenty days before the annual township meeting, the trustees must issue a warrant to a constable of the township, directing him to notify the electors of such township to assemble at the time and place appointed for the annual meeting; the warrant should enumerate the officers to be chosen at such meeting, and on the application of two or more freeholders of the township, for that purpose, the trustees are required to insert in it such other business, matter, or thing as it may be proposed to submit to the meeting. 1445. To No. 44. FORM OF WARRANT. , Constable of Township, County, Ohio: You are hereby directed to notify the electors of said town ship to assemble at on the day of between the hours of six A. M. and six P. M, for the choosing the following officers, to wit: One trustee of said township. One clerk (or, treasurer) of the same. One justice of the peace for the same. One assessor for the same. Five supervisors of highways. At the same time and place, the following proposition will be submitted to said meeting (here insert the proposition or business to be submitted.) (Date.) Attest: Trustees of Township. Clerk of Township. |