84 LAWS RELATING TO AGRICULTURE. 



[Commissioners may change terminus.] And the commissioners; 

 may change either terminus of said ditch before its final location if the 

 object of the improvement will be better accomplished thereby. 



SEC. 4449. [When the ditch benefits a road.J When the im- 

 provement will drain the whole or a part of any public or corporate 

 road, or a railroad, or will so benefit any such road that the traveled track 

 or road-bed thereof will be improved by its construction, there shall be 

 apportioned to the county, if the road is a state, county, or free turn- 

 pike road, or to the township, if a township road, or to tke corporation; 

 if a corporate road or railroad, a proper share of the costs and ex- 

 penses thereof, as hereinafter provided. 



SEC. 4450. [Application: for county ditch; bond.] Application 

 for any such improvement shall be made to the commissioners of the 

 county, signed by one or more owners of lots or lands which will be 

 drained or benefited thereby, or shall be made by the street commissioner 

 or supervisor of the road district in which the same is required to be 

 done ; and the trustees of any original surveyed township owning land 

 granted by congress for the support of common schools, or the infirmary 

 directors of any county, may make such application and file the petition 

 and bond provided for in this chapter. 



(4450-1) [Montgomery county commissioners authorized to 

 protect the public against dangerous waters.] The commissioners of 

 any county containing a city of the second grade, of the second clas-s, are 

 hereby authorized : in any case where the action of water results in in- 

 jury to the general public, [or,] in any vicinity or community, threatens 

 the safety of any public road or bridge, or the security or convenience 

 of public travel, the county commissioners may, of their own motion, 

 without the filing of a petition as required by section four thousand four 

 hundred and 'fifty, inaugurate proceedings for the establishment of, or 

 the straightening, or improving of a county ditch, and establish, improve; 

 or straighten the same, in accordance with the provisions of title si.r, 

 chapter one, of the Revised Statutes of Ohio, or take such other action 

 to control the flowage and discharge of such water as may be necessary 

 to prevent such public injury. 



SEC. 4451. [Petition, what to contain, and bond.] The petition 

 shall be filed with the county auditor and shall set forth the necessity 

 and benefits of the improvement and describe the beginning, route and 

 termini thereof. It shall also contain the names of all persons and 

 corporations either public or private, who in the opinion of the peti- 

 tioner or petitioners are in any way affected or benefited thereby, and 

 [there] shall be filed therewith a bond, subject to the approval of said 

 auditor, payable to the state of Ohio, with at least two sufficient sureties, 

 in not less than two hundred dollars, conditioned for the payment of all 

 costs if the prayer of the petition be not granted or be dismissed for 

 any cause. Should the names of any person or corporation, either pub- 

 lic or private, who are in any way affected by the proposed improve- 

 ment, be omitted from the petition, it shall be the duty of the commis- 

 sioners, when they discover that such omission has been made, to supply 

 such names, and cause notice to be served as herein provided. 



SEC. 445 1 a. [Notice of filing of petition day for hearing ; notice.] v 

 Said auditor shall thereupon give notice to the commissioners of the 

 filing of said petition, together with a copy thereof He shall fix a day 



