LAWS RELATING TO AGRICULTURE. od 



the nitrogen, potash or phosphoric acid claimed to be contained, shall 

 not be considered as evidence of fraudulent intent. 

 Criminal penalty also provided, see 7002. 



SEC. 4446^. [Where suits to recover penalties may be brought.] 



Suit may be brought for the recovery of penalties under the provisions 

 of this act in the court .of common pleas of the county where the -fer- 

 tilizer was offered for sale, or sold, or where it was manufactured; and 

 all penalties so recovered, shall be paid into the state treasury to the 

 credit of the general revenue fund. 



Criminal penalty also provided, see 7002. 



SEC. 44467?. [Secretary of State Board of Agriculture may select 

 samples to be analyzed.] The Secretary of the Ohio State board of 

 agriculture, or any person by him deputized, is hereby empowered to 

 select from any package of commercial fertilizer exposed for sale in any 

 county in Ohio, a quantity not exceeding two pounds, which quantity 

 shall be for analysis to compare with sample deposited with said secre- 

 tary, as provided for in section two [4446^] of this act and with the 

 printed certificate found on the given package found on sale. 



SEC. 4446;. [All suits under this act to be brought by Secretary 

 State Board of Agriculture.] All suits for the recovery of fines under 

 the provisions of this act, shall be brought by the secretary of the Ohio 

 state board of agriculture, in the name of the state of Ohio. 



COUNTY DITCHES. 



SEC. 4447. [Ditches and water courses; county commissioners 

 may construct, improve, etc., when.] The commissioners of any 

 county at any regular or called session may, in the manner provided in 

 this chapter, when the same is necessary to drain any lots, lands, public 

 or corporate road or railroad, and will be conducive to public health, con- 

 venience or welfare, cause to be located, and constructed, straightened, 

 widened, altered, deepened, boxed or tiled, any ditch, drain or water- 

 course, or box or tile any portion thereof or cause the channel of all or 

 any part of any river, creek or run, within such county to be improved 

 by straightening, widening, deepening or changing the same, or by re- 

 moving from adjacent lands any timber, brush, trees or other substance 

 liable to form obstruction therein. 



SEC. 4448. [Meaning of words "ditch" and "according to bene- 

 fits" as used herein.] The word "ditch" as used in this chapter shall 

 be held to include a drain or watercourse. The petition for any such im- 

 provement shall be held to include any side, lateral, spur or branch ditch, 

 drain or watercourse necessary to secure the object of the improve- 

 ment, whether the same is mentioned therein or not ; but no improve- 

 ment shall be located unless a sufficient outlet is provided. The words 

 "according to the benefits" used in this chapter in directing boards of 

 county commissioners to assess lands for ditches and in directing engi- 

 neers to report assessments for the same shall not be held to authorize 

 any assessments for benefits conferred upon lands by nature nor the 

 right of easement of the owners of superincumbent lands to pass the 

 water therefrom through natural watercourses, 



