LAWS RELATING TO AGRICULTURE. 97 



equitable, to be refunded ; and the cost of such proceeding shall be appor- 

 tioned among the parties, or paid out of the county treasury, as ju-ace 

 requires. 



SEC. 4492. [An old ditch may be repaired in the same proceed- 

 ing.] The county commissioners may hear and determine, at the 

 same time, and under the same petition the necessity of locating any new 

 ditch, or a ditch partly old and nartly new, or of deepening, widening, 

 straightening, or altering any old ditch, as the necessity of the case- re- 

 quires, and shall cause such entry to be made on their journal as in their 

 judgment is required; all estimates, either by the surveyor or engineer, 

 or by the commissioners, shall be made in the manner provided in this 

 chapter; no assessment shall be made to any lands upon any principle 

 other than that of benefits derived, and in proportion thereto in deepen- 

 ing, widening, straightening, or altering any ditch, and no lands lying 

 below shall be assessed for the benefit of lands lying above ; but all assess- 

 ments shall be made in proportion to the benefits derived. 



SEC. 4493. [When township trustees may apply for ditch.] The 



trustees of any township, may on written application signed by twelve 

 or more resident land owners of the township, if, in their opinion, the 

 interest of the township demands it, cause the petition and bond herein- 

 before provided for to be filed on behalf of the township; in such case 

 the proceedings before the commissioners and probate court shall be 

 the same in every respect, and the duties of the auditor, and of the sur- 

 veyor or engineer, shall be the same, and be discharged in the same 

 manner as if the petition and bond were filed by a private party; and 

 every act necessary to secure the location, establishment, and construction 

 of any new improvement, or in the deepening, widening, straightening, 

 cleaning out, alteration, or vacation of any ditch, may be performed by 

 order of the commissioners, on such petition and bond. 



SEC. 4494. [Commissioners shall require surveyor or engineer to 

 give bond,] The commissioners shall require each surveyor or engi- 

 neer appointed by them under the provisions of this chapter, to enter 

 into a good and sufficient bond, covering all the ditches upon which he 

 may be appointed, with surety to be approved by them, conditional for 

 the faithful performance of his duties, in a sum to be fixed by the com- 

 missioners ; and an action may be brought on such bond by any person 

 aggrieved by a failure of the surveyor or engineer to do his duty in 

 the name of such party, and recovery may be had for his use and benefit ; 

 but if the county surveyor shall be appointed by the commissioners, 

 under the provisions ol this chapter, he shall be liable upon his official 

 bond for the faithful performance of his duties, and an action may be 

 brought on such bond as aforesaid. 



SEC. 4495. [Commissioners may require any bridge or culvert 

 to be enlarged.] The commissioners of any county, at any regular 

 or called session, may in the manner provided in this chapter, so far 

 as applicable when the same is necessary to the public health, conven- 

 ience or welfare, cause to be located, constructed, deepened, widened 

 or enlarged any bridge or culvert, made necessary by the crossing of any 

 ditch, drain, watercourse or stream of water, by any railroad, turnpike, 

 plank road, or other road of any corporation, at the expense of said cor- 

 poration, and the necessity for making any improvement herein provided 

 for, may be heard and determined at the same time and under the same 

 petition as provided for in section 4447 of this chapter. 



7 E. H. B. 



