98 LAWS RELATING TO AGRICULTURE. 



[Dimensions of improvement determined by commissioners; cor- 

 poration affected to make same.] If the commissioners find for the 

 improvement, they shall, by an order entered on their journal, determine 

 the dimensions of said improvement and that said improvement shall be 

 made by the corporation affected thereby, within three months from the 

 making of such order according to the plans and specifications, and of 

 such materials, as the board may approve and select ; 



[Failure of corporation to make improvement.] Provided, that 

 if said corporation shall not within ten days from the date of such order, 

 in writing, elect to make said improvement as ordered, such fact shall 

 be taken as a refusal to do the same, and thereupon, the county com- 

 missioners shall at once by an order duly entered upon their journal, 

 specify the materials to be used in the construction of said improvement, 

 and directing the county surveyor, or an engineer, to make suitable 

 surveys and to prepare plans and specifications for the making of said 

 improvement so ordered, which shall be filed with the county auditor 

 within twenty days from the making of such order, who shall thereupon 

 fix a date for a hearing thereon. 



[Exceptions to plans and specifications, etc.] At any time on or 

 before the day set for said hearing said corporation may, in writing, 

 file exceptions to said plans and specifications, or ask for any change 

 or alteration thereof, and of the materials out of which the same is 

 ordered to be constructed, which may be granted or refused by said 

 commissioners as may seem just and proper. 



[Letting of improvement; costs assessed against corporation.] 

 Upon the approval of such plans and specifications as made, or as may 

 be changed at said hearing, the commissioners shall, at once, proceed 

 to fix a time for the letting of said improvement by bids as provided in 

 section 4475 of this chapter, and as soon as said improvement is com- 

 pleted assess said corporation with the cost of constructing and letting 

 the same, and such assessment shall be a lien upon the property of the 

 corporation, and be collected as other taxes, or they may order the 

 same to be collected from such corporation by an action at law, as they 

 deem proper. Such corporations shall be served as in other cases. 



SEC. 4499. [The commissioners may vacate a ditch.] The com- 

 missioners may, on the proper petition and bond bein^ filed, and the 

 same notice being given as is required in cases of the location of a ditch, 

 declare any ditch, whether located by the county commissioners or by 

 the trustees of a township, vacated and abandoned, and its location and 

 establishment to be held for naught, if, in their judgment, the same has 

 ceased to be of public utility, and the public health, convenience, or 

 welfare no loneer demands the maintenance thereof ; but private rights 

 of persons acquired by reason of the location and establishment of such 

 ditch shall not to be interfered with nor in any way impaired thereby. 



SEC. 4500. [When a ditch becomes a public water-course.] 

 When a ditch has been established and constructed for the public health, 

 convenience, or welfare, either by private agreement between two or 

 more individuals, whose real property has been affected thereby, or by 

 a board of township trustees, or [by] a board of county commissioners, 

 and such ditch has been used for the purpose of drainage of private 

 lands or public highways for seven years or more, without obstruction 

 or interruption, the same shall be, and hereby is declared to be a public 



