LAWS RELATING TO AGRICULTURE. 



99 



water-course, notwithstanding errors, defects, or irregularities in the 

 location, establishment, or construction of the same, and such public 

 water-course shall, in all respects, be considered and treated as a natural 

 water-course, and the public shall have and possess, in and to such 

 public water-course, the same rights and privileges which pertain and 

 relate to natural water-courses. 



SEC. 4501. [General levy for ditch fund; proceedings whenTcorn- 

 pensation or damages are awarded ; auditor to draw warrant on county 

 treasurer for amount of award.] The commissioners shall, annually 

 if necessa: y, at their March session, levy upon the grand duplicate of 

 the county tax not to exceed five-tenths of one mill on the dollar, suffi- 

 cient to pay for the location and construction of such portions of the 

 respective ditches located by them, or by the commissioners, of two 

 or more counties as may be apportioned to the county, and they shall 

 pay out of any fund applicable to such purposes, any sum assessed upon 

 land owned by the county. In all proceedings which have been x or 

 shall be commenced under this chapter, wherein compensation and 

 damages, or either, has been or shall be awarded by the commissioners, 

 under section forty-four hundred and sixty-one, or by a jury on appeal 

 to the probate court, an amount of the county general ditch improve- 

 ment fund, in the county treasury, sufficient to satisfy the same, shall 

 be set apart and held as a deposit of money to secure and be subject 

 to the payment of the same ; and if in any such case there shall be an 

 insufficient amount of such ditch improvement fund unappropriated in 

 the treasury for such security and payment, then an amount of the 

 general revenue fund in the county treasury, equal to such deficiency, 

 together with such unappropriated residue of said ditch improvement 

 fund, if any, shall be set apart and held, for said purposes ; and the com- 

 missioners shall, before the property for which compensation and dam- 

 ages has been awarded, shall have been actually taken and occupied for 

 the purpose of its appropriation, order the auditor on demand of the 

 corporation or person entitled thereto, to draw his warrant on the county 

 treasury for the amount of such award, stating therein on what fund it 

 is drawn, and deliver the same to the party so entitled, which shall be 

 paid out of the county treasury ; and all sums so paid shall be appor- 

 tioned, assessed and reimbursed to said funds from the collection of as- 

 sessments for compensation and damages as provided in sections four 

 thousand four hundred and seventy-nine, and four thousand four hundred 

 and eighty, of the Revised Statutes. And said original section four 

 thousand five hundred and one is hereby repealed. 



SEC. 45010. [Duties of commissioners when awards are made.] 

 When all compensation and damages are ascertained, the commission- 

 ers shall meet and determine whether they will issue the bonds of the 

 county to raise the money necessary to pay such compensation and dam- 

 ages, or any part thereof, and if so determined, the bonds shall be issued 

 for a term of years, and at a rate of interest, as provided for the issuing 

 of bonds, [in] section four thousand four hundred and seventy-nine, 

 which bonds shall not be sold below their par value. 



SEC. 4501'?. [Bonds, how paid.] The bonds provided for in this 

 act, together with interest thereon, shall be paid as they respectively fall 

 due, out of the county general ditch improvement fund. 



SEC. 4502. [Township levy for ditch purposes.] The trustees 

 of any township to which is apportioned by the county commissioners, 



