96 LAWS RELATING TO AGRICULTURE. 



freeholders shall be charged to the parties as the court may determine.. 

 After final determination the clerk of said court shall send a transcript of" 

 said proceedings duly certified to the commissioners of each county, who- 

 shall make the apportionment of costs of location and construction as its 

 this chapter provided, giving to the property in each county the amount so 

 determined in the court proceeding, including, costs. 



SEC. 4489. [When a change of route authorized.] The commis- 

 sioners, if they find the route proposed is not such as best to effect the 

 object sought, or that the proposed drainage can be effected as well in 

 connection with a ditch necessary for the improvement of public highways 

 already established, or such as may be thereafter required, shall proceed to- 

 establish the route; if the route proposed is upon a line or subdivision of 

 sections where a public road may be required, and in all cases in which 

 the route proposed is along highways already established, the commission- 

 ers shall locate the improvement at a sufficient distance from the center of 

 such highways to admit of a good road along such central line ; the earth 

 taken from the ditch shall be so placed upon the roadways as to form 

 a turnpike, and no part of such earth shall be placed nearer to the ditch 

 than two feet; and the commissioners, in locating ditches, shall in all 

 cases, so far as practicable, avoid running the same diagonally across 

 sections or parts of sections. 



SEC. 4490. [The collection of taxes or assessments not to be. en- 

 joined.] The col-lection of taxes or assessments, levied or ordered to- 

 be levied, to pay for the location or construction of any ditch, shall not be 

 perpetually enjoined, nor declared absolutely void, in consequence of any 

 error committed by the surveyor or engineer, the county auditor, or the- 

 county commissioners, in the location or establishment thereof ; nor by 

 reason of any error or informality appearing on the record of the pro- 

 ceedings to locate or - establish the same ; nor by reason of any error com- 

 mitted by the surveyor or engineer; the county auditor, or county com- 

 missioners, in respect to the letting of uncompleted work, or the levy of 

 any tax assessment for the labor and expense of construction of any 

 uncompleted portion, section, or allotment of any such ditch. 



SEC. 449.1. [How far proceedings may be declared void.] The 

 court in which any proceeding is brougnt to recover any tax or assessment - 

 paid, or to declare void the proceedings to locate or establish any ditch, 

 or to enjoin any tax or assessment levied or ordered to be levied to pay 

 for the labor and expense aforesaid, shall, if there is manifest error in the 

 proceedings, allow the plaintiff in the action to show that he has been 

 injured thereby, and may, on application of either' party, appoint such per- 

 son or persons to examine the premises, or to survey the same, or both, 

 as may be deemed necessary ; the court in which any such proceedings are 

 begun shall allow parol proof that said improvement is necessary and 

 will be conducive to the public health, convenience, or welfare, and that: 

 any steps required by law for any improvement have been substantially 

 complied with notwithstanding the record required to be kept by any 

 board or- officer'; and without finding error; the court may correct any 

 gross injustice in the apportionment, made by the commissioners; the- 

 court shall, on final hearing, make such order in the premises as shall be 

 just and equitable, and may order that such tax or assessment remain 

 on the duplicate for collection, or order the same to be levied, or may 

 perpetually enjoin the same, or any part thereof, or, if the same has been 

 paid under protest, may order the whole or such part thereof, as is just and: 



