LAWS RELATING TO AGRICULTURE, 103 



watercourse, which is or may be an outlet for any ditch, drain or water- 

 course, of lands of an upper county, or which, by reason of any proposed 

 improvement thereof, will provide better drainage or a more sufficient 

 outlet for any [ditch] drain or watercourse, or lands of 'an upper-county, 

 and in all cases where the commissioners of any county in this state find 

 it necessary to construct, or enlarge, or widen, or deepen, or clean out, 

 any ditch, drain or watercourse of a lower county in order to secure a 

 sufficient and proper outlet for a proposed ditch, drain or watercourse of 

 an upper county, the commissioners of such upper county shall pay the 

 commissioners of such lower county such sum as may be agreed upon by 

 the commissioners of both counties, for the use and benefit of such 

 outlet, which sum the commissioners of said upper county shall apportion 

 to the lands in their county, for whose benefit said ditch was, or is con- 

 structed, but before any work shall be begun in the construction, enlarg- 

 ing, cleaning out, or repairing of any ditch, drain, or watercourse in either 

 of said counties, the amount to be paid by the commissioners of the said 

 upper county to the commissioners of said lower county for the use and 

 benefit or burden of such outlet, shall be wholly agreed upon or deter- 

 mined, the sum which the commissioners of said upper county shall pay 

 to the commissioners of said lower county shall be determined at a joint 

 meeting of the commissioners of the said upper and lower counties, upon 

 the line, or proposed line of said ditch, drain or watercourse, and the 

 refusal of a majority of the board of commissioners of either of said 

 counties to agree, or failure by them to meet, act, or take part in a meet- 

 ing with the commissioners of the other county, upon ten days' notice by 

 the commissioners of either of the said counties upon the commissioners 

 of the other county, to determine what sum the commissioners of said 

 upper county should pay the commissioners of said lower county, shall 

 be prima facie evidence of their failure to agree or pay, and ditches, 

 drains or watercourses which provide drainage, or when constructed 

 will provide drainage for lands in more than one county, may be con- 

 structed, enlarged, cleaned out or repaired, as provided in this act, and 

 the laws prescribed for constructing, enlarging, cleaning out or repairing 

 single county ditches, drains or watercourses. 



See also 4488. 



[SEC.] 4510-2. [SEC. 2.] [Proceedings on failure to agree or 

 pay.] On failure to agree or pay, as provided in the preceding sec- 

 tion, the commissioners of either of said counties may commence in the 

 probate court of either of said counties within twenty days of the meet- 

 ing mentioned in the preceding paragraph, their action against the com- 

 missioners so failing to agree or refusing to pay, setting forth the fact 

 that proceedings have been begun for any such improvement,, and the 

 reason why the commissioners of the upper county should pay to the 

 commissioners of a lower county, a compensation for such outlet, or pro- 

 posed outlet, and the failure to agree or pay, as provided in the preceding 

 paragraph, and praying for the relief herein (after) provided for. Said 

 probate court, before whom said action is commenced, shall, within ten 

 days after the filing of a petition setting forth the above facts, issue a 

 summons directed to the sheriff of the other of said counties, who shall 

 be commanded therein to notify the president of the board of commis- 

 sioners of said other county, that an action has been commenced in ac- 

 cordance with section 2, 4510-2, of this act. Said summons shall con- 

 tain a copy of the petition, and the time and place of hearing, be served 



