LAWS RELATING TO AGRICULTURE. 87 



SEC. 4459^. [Re-apportionment by county commissioners.] If at 



any time after the apportionment by the auditor as provided for by sec- 

 tion four thousand four hundred and fifty-nine (a), any person interested 

 therein may apply to the commissioners for a reapportionment thereof at 

 any regular, special or called session of the commissioners, whose duty 

 it shall be to notify all parties interested of the time and place at which 

 they will meet and determine such apportionment, at least ten days .before 

 such meeting, and apportion the same as they may deem just and proper ; 

 the provisions of this act shall apply to lands now assessed as aforesaid* 

 and transferred upon the tax duplicate. 



SEC. 4460. [Application for compensation and damages, or for 

 alteration of line.] At any time on or before the day set for hearing, 

 as provided in section four thousand four hundred and fifty-two, any per- 

 son or corporation whose lands are taken or affected in any way by such 

 improvement may make application to said commissioners in writing for 

 compensation or damages, and they, ^or any of them, may make an ap- 

 plication in writing for a change or alteration of the line of the ditc ; 

 through their premises, and a failure to make such application shall be 

 deemed and held to be a waiver of all rights thereto. 



SEC. 4461. [Commissioners to fix compensation and damages; 

 how computed.] The commissioners shall upon actual view of the 

 premises fix and allow such compensation for lands appropriated as they 

 may deem just and equitable, and assess such damages as will in their 

 judgment accrue from the construction of the improvement, to each per- 

 son or corporation making application therefor as provided in section 

 four thousand four hundred and sixty, and without such application, to 

 each idiot, insane person, or minor owning lands taken or affected by 

 the improvement. But such compensation shall be computed without 

 deduction for benefits to any property of such person or corporation ; 

 and they may on the day set for hearing, at the time of the view of the 

 premises provided for in this section, take into consideration the appli- 

 cation for the change or alterations as provided for in section four 

 thousand four hundred and sixty, and if they find that such change or 

 alteration will be equally beneficial, they may order the county surveyor 

 to go upon the line of the improvement and survey said change or altera- 

 tion ; 



[Expenses, how defrayed.] And all expenses attending the 

 making said alteration and change, with the increased cost of con- 

 struction, if any, shall be charged to the party or parties benefited there- 

 by, which shall be collected and paid by them as other assessments. 



[When compensation paid by county or jointly.] When the al- 

 lowance for compensation and damages is fixed and determined as pro- 

 vided in this section, the commissioners shall consider and determine 

 according to their best knowledge and judgment the proportionate bene- 

 fits to accrue from the construction of the proposed improvement. If 

 they shall find that the public health, convenience or welfare will be pro- 

 moted by said improvement, and that the same is of sufficient importance 

 to the public cause the damages and compensations which have been as- 

 sessed to be paid out of the county treasury, they shall order the same 

 to be so paid, or they may order a portion thereof to be paid by the county 

 and the remainder by the benefited landowners, as they may deem just 

 and equitable. 



