102 LAWS RELATING TO AGRICULTURE. 



to remove any obstruction heretofore by such person or persons placed 

 in any ditch, or being the owner of any lands- through which any ditch 

 passes, obstructs, or permits such ditch to become obstructed, or diverts 

 the water from its proper channel, shall forfeit and pay to the county- 

 in which such ditch is situated, the sum of twenty-five dollars, to be re- 

 covered before any justice of the peace or other court having jurisdiction 

 of the matter, in the name of the state of Ohio for the use of said county,, 

 which action maybe instituted and prosecuted by the commissioners of such 

 county, or any citizen thereof, or by any person whose lands shall [have] 

 been assessed for the construction of such ditch, and shall also be liable 

 for all damages that may accrue to any person, persons or corporation 

 by reason of such obstruction, and each day that such obstruction shall 

 be permitted to remain in such ditch after the person or persons who 

 placed the same therein shall have had ten days' notice to remove the 

 same, either by the county commissioners of said county, the engineer in 

 charge, of said ditch, or by any person whose lands have been assessed 

 for the construction or improvement of such ditch, shall constitute a 

 separate offense under this section, and subject such offender to a penalty 

 of twenty-five dollars for each such offense, to be recovered in the man- 

 ner hereinabove provided. And on failure of such person or persons 

 to remove such obstructions forthwith upon being notified as aforesaid, 

 it shall be the duty of the board of county commissioners of such county 

 forthwith to cause such obstructions to be removed, and charge the ex- 

 pense thereof to such person or persons, and collect the same from such' 

 person or persons by action in the name of said board of county com- 

 missioners. 



SEC. 4510. [When county commissioners may cause ditch, etc. v 

 to be altered or repaired; expense of, how apportioned.] The county 

 commissioners on application of one or more freeholders actually bene- 

 fited, shall have power in case the township trustees refuse to act as pro- 

 vided for in section four thousand five hundred and fifty-two of the Re- 

 vised Statutes of Ohio, as amended February ID, 1883 (O. L., vol. 80, 

 page 15), to cause any ditch or ditches, or any part or parts thereof, 

 located and constructed under any law or laws, or any part of any creek, 

 river or run that has been straightened, widened, deepened, or changed, 

 under the provisions of this act, to be altered, deepened, widened, enlarged, 

 repaired, boxed or tiled; and the same proceedings shall be had, so far- 

 as applicable, as is or would be required in the location or construction 

 of the same by said commissioners. And in all cases the expenses thereof 

 shall be apportioned in the same manner as is provided in the original 

 construction of the improvement by them ordered to be made ; and the 

 provisions of this chapter shall apply to ditch improvement petitioned 

 for, located or in process of construction at the time the same takes effect, 



DITCH IN MORE THAN ONE COUNTY. 

 See also 4488. 



[SEC.] 4510-1. [SEC. i.] [Duty of commissioners as to certain 

 ditches.] In all cases where the commissioners of any county in this 

 state shall cause to be constructed or enlarged, or cleaned, or repaired, 

 any ditch, drain or watercourse, the water from which flows into an: 

 adjoining county or into or finds an outlet in any ditch, drain or water- 

 course constructed or being constructed in an adjoining county, and iro 

 all cases where the commissioners of any county in this state shall cause 

 to be constructed, enlarged, cleaned out or repaired, any ditch, drain oir 



