receive a copy of each volume of the laws passed by the general assembly, and must deliver them to his successor in office, under a penalty of a fine of from five to fifteen dollars, upon conviction of refusal to do so. 69.

Only that portion of the law relating to constables which connects them directly with the township, or with other township officers, comes within the scope of this work, and any further information as to their general rights and duties is to be sought for in the statutes themselves, or in works especially devoted to the subject.

CHAPTER VIII.

DITCHES, DRAINS, AND WATER-COURSES.

SEC. 1. LOCATION AND ESTABLISHMENT OF DITCHES. Clerk to purchase blanks and books.-If the trustees of any township have occasion to exercise the power conferred upon them to establish ditches, drains, and watercourses, they should authorize the clerk to purchase a sufficient number of printed blanks for all petitions, notices, certificates, statements, and bonds, which are necessary for the purposes of the law, and one ditch-journal, to be paid for out of the township funds. But the foregoing provisions are not to be construed to prevent the use of written petitions, bonds, or other instruments or papers necessary to be used under the ditch laws.1 4513.

Clerk to fill out blanks.—At the request of any person or persons, who may desire to file a petition and bond for the location and establishment of a ditch, drain, or watercourse, as hereinafter provided, it is the duty of the clerk to fill out a blank petition and bond for the person or persons making the request.' 4513.

1 In Reeves v. Treasurer of Wood County, 8 Ohio St. 333, the court held the act of May 1, 1854, authorizing the establishment of ditches, etc., and the amendatory act of April 14, 1857, unconstitutional, inasmuch as they authorized an appropriation of private property without reference to the public welfare. But the act of March 24, 1859, to provide for locating ditches, etc., here called in question, steers clear of that objection; and, as now advised, we can see no ground on which it can be well claimed to conflict with the constitution. Brinkerhoff, J., in Thompson v. Treasurer of Wood County, 11 Ohio St. 678.

The construction of drains by townships, in cases where the public health, convenience, or welfare demands it, is within the

Meaning of word "ditch," and application of these provisions. It is provided that the word "ditch," when used in the chapter of the revised statutes relating to township ditches, shall include a drain or water-course, and that the petition for any such improvement shall be held to include any side, lateral, spur, or branch ditch, drain, or watercourse, necessary to be constructed to secure the object of the improvement, whether the same is mentioned in the petition or not; and that the provisions of the statutes relating to township ditches shall extend to and include the straightening of streams and water-courses. 4512.

Power to establish.-The trustees have the power, whenever in their opinion the same will be conducive to the public health, convenience or welfare, to cause any ditch to be established, located, and constructed, according to the following provisions, within the township,' and for that purpose, may cross a railroad, turnpike road, or do any other thing necessary or proper to promote said purpose. 4511.

Petition. Before any steps are taken for that purpose, a petition from one or more persons owning lands adjacent to the line of the proposed ditch, drain, or water-course, must be filed with the clerk.2 4514.

What petition must contain.-Such petition must set forth the necessity of the ditch, drain, or water-course, with a substantial description of its proposed starting point, route, and terminus.2 4514.

No. 19. FORM OF PETITION.
Township,

To the Board of Trustees of

Ohio:

County,

Your petitioners, residents of said township, and owning lands adjacent to the route hereinafter described, respectfully represent that the public health, welfare, and Convenience require the establishment and construction of

meaning of the "police purposes" mentioned in the constitu tion. Sessions v. Crunkilton, 20 Ohio St. 349.

178 Ohio Laws, 200.

2 See note, p. 64.

ن

a ditch along the following described route (here describe the route, specifying the beginning, intermediate points, and terminus.)

Your petitioners therefore request that such lawful proceedings may be had as are necessary to establish and construct such ditch along the route proposed.

Bond. With the petition, a bond, with at least two sufficient suretics, to the acceptance of the clerk, must be filed, conditioned to pay all expenses incurred, in case the trustees refuse to grant the prayer of the petition.' 4514.

No. 20. FORM OF BOND.

Know all men by these presents, that we (here insert the names), are held and firmly bound unto the trustees of township, in county, in the penal sum of

hundred dollars, to the payment of which we do hereby, jointly and severally, bind ourselves, our heirs, executors, and administrators, if default be made in the condition following:

Whereas, the said (here insert names of the petitioners), and others, have filed their petition with the trustees of said township, praying for the establishment and construction of a ditch along the following route (here describe the route as in the petition). Now, if the said shall pay

all expenses incurred by the township trustees and officers. in reference to such ditch, in case the said trustees shall refuse to grant the prayer of the petition, then this obliga

The filing of a bond with the township clerk, and the giving notice to the owners of the land along the route of the proposed ditch, are not merely technical requirements, but conditions precedent to the jurisdiction of the trustees to hear and deter mine the petition. Sessions v. Crunkilton, 20 Ohio St. 349.

tion to be void; otherwise to be and remain in full force

The clerk should it dorse on the petition and bond the date of filing, and also upon the bond his approval and acceptance of the same. 4514.

Suit upon bond.—If any person or persons giving bond conditioned for the payment of all costs and expenses, fail or refuse to comply with the requirements of the bond, in case the trustees refuse to grant the prayer of the petition. the trustees may bring suit before any justice of the peace of the township, upon such bond, and collect all costs and expenses, with the costs of prosecution, and pay out the same in conformity with the estimates made in the case. It is provided that in such suit the ditch-journal containing the record of their proceedings, or a certified copy therefrom, shall be prima facie evidence of such indebtedness. 4516.

Time for hearing.—Upon the filing of the petition and bond, it is the duty of the clerk to give immediate notice of the pending of the petition to the trustees, and thereupon the trustees are required to designate a time and place when and where they will meet to hear the petition and complete their proceedings thereunder. An entry fixing the time and place for the hearing should be made in the ditch-journal. 4514.

No. 21. FORM OF ENTRY.

In the matter of the petition of establishment of a ditch:

and others, for the