LAWS RELATING TO AGRICULTURE. 85 



for the hearing of the same not more than thirty days from the date 

 of said notice. He shall prepare and deliver to said petitioners, or any 

 one of them, -a notice in -writing, directed to the lot or landowners and 

 to the corporations either public or private -affected by said improve- 

 ment, setting forth the substance, pendency and prayer of such petition, 

 a copy of which notice shall be served upon each- lot or land owner 

 or left at his or her usual place of residence, and upon an officer or 

 agent of each public or private corporation having its place of business 

 in the county, at least fifteen days before the day set for hearing, and 

 the person who -serves such notice shall make return on the notice, 

 under oath, of the time and manner of service and file the same with 

 said auditor 01: or before that day. Said auditor shall, at the same 

 time, give a like notice to each non-resident lot or landowner by pub- 

 lication in a newspaper, printed and of general circulation in the county, 

 at least two weeks before the day set for hearing, which notice shall 

 be verified by affidavit of the printer, or other person knowing the fact, 

 and filed with said auditor on or before that day, and no further notice 

 of said petition or the proceedings had under the same shall thereafter 

 be required. 



SEC. 4452, [ Hearings by commissioners.] Said commissioners 

 shall meet at the place of beginning of said ditch as described in the 

 petition on the day so fixed, as aforesaid, and hear any and all proof 

 offered by any of the parties affected by said improvement, and other 

 persons competent to testify; and shall .go over -and along the line of 

 said improvement, and by actual view of the said ditch and the premises 

 along and adjacent thereto and to be drained or benefited thereby, deter- 

 mine the necessity thereof, and may adjourn from time to time and to 

 such place as the necessity of the work may require ; and in case said 

 commissioners find for said improvement, they shall fix a day for the 

 hearing of application for any appropriations of land taken for said 

 improvement and damages said parties -affected by said improvement or 

 any of them may sustain thereby, and for the approval of the report of 

 the county surveyor as hereinafter provided for. 



SEC. 4453. [When the commissioners find against the improve- 

 ment.] If the commissioners find against the improvement, they shall 

 dismiss the petition and proceedings at the cost 'of the .petitioners, and 

 they shall cause an itemized bill of all the costs to be made up by the 

 auditor for their examination and approval, which shall include the 

 per diem of the county surveyor, together with all costs necessarily 

 made, except fees of the auditor and compensation of the commissioners. 



SEC. 4454* [Finding for the improvement; survey and plat.] If 

 the commissioners find for the improvement, they shall cause to be en- 

 tered on their journal an order directing the county surveyor to go 

 upon the line described in the petition, or as changed by them in accord- 

 ance with section forty-four hundred and eighty-nine, and survey and 

 level the same, and set a stake -at every hundred feet, numbering down 

 stream, note the intersections of lines and boundaries of lands, town- 

 ships and county lines, landmarks, bench-marks and road-crossings, and 

 make a report, profile and plat of the same, and estimate the number 

 of cubic yards of earth or other substance to be removed, and the cost 

 per cubic yard for each working section as hereinafter provided, and of 

 ^ach section of one hundred feet. 



