1(M LAWS RELATING TO AGRICULTURE. 



and returned as in other cases, and such service shall be not less than ten 

 days before the day of hearing. Proceedings after service and return 

 shall be the same as in other similar cases, before probate court. 



(4510-3) SEC. 3, [Further proceedings on failure to agree or 

 pay.] The court being satisfied of the existence of proceedings for 

 any such improvement, and the failure tc agree or pay as aforesaid, 

 shall appoint two disinterested freeholders, not residents or owners of 

 real property, of either of said counties, and immediately notify the 

 probate court of the other county interested in said ditch or ditch im- 

 provement, who shall, in like manner, appoint two other freeholders not 

 residents or owners of real property in either county, and notify the 

 court in which such proceedings were commenced, giving names and 

 postoffice adress of those appointed, and the said court in which proceed- 

 ings were commenced shall, within ten days thereafter, notify said four 

 persons thus appointed, giving them full and explicit instructions, and 

 the time and place of meeting, who shall, within thirty days thereafter, 

 upon actual view ef the outlet ditch, or of the territory to fre drained 

 by any such proposed improvement, and of the ditch or ditches in the 

 upper county, and of the land to be drained in the upper county, whose 

 waters flow into said outlet, or which will flow into any such proposed 

 outlet or proposed improvement thereof, estimate and report to the court 

 the amount which should justly be paid by said upper county to said 

 lower county for the use and benefit of said outlet ditch, or for any 

 improvement thereof, which order of appointment, together with full and 

 explicit instructions to said appointees, shall be entered on the journal 

 of said court, and a copy thereof sent forthwith by the clerk to each of 

 said appointees. Provided, that if said board of four freeholders shall 

 not be able to agree upon the amount to be paid by said upper county to 

 said lower county, then they shall call to their assistance one other free- 

 holder who shall not be a resident or owner of real property of either of 

 said counties, and the said five freeholders shall forthwith proceed to 

 determine the amount of damages the said upper county shall pay to 

 the said lower county, and report the same as herein provided. 



(4510-4) SEC. 4. [Abandonment by commissioners of upper 

 county.] The commissioners of the upper county referred to in sec- 

 tion three [(4510-3)] of this act, may abandon any such proposed im- 

 provement, if in their judgment the benefits to be derived from said 

 proposed improvement are not of sufficient value to warrant the expendi- 

 ture of money required for the construction of said proposed improve- 

 ment together with the damages assessed under section three [(4510-3) ] 

 of this act. 



(4510-5) SEC. 5. [Compensation of commission.] The court 

 shall fix the compensation of the appointees aforesaid, which compensa- 

 tion shall be taxed as costs in the case, and shall be paid out of the treas- 

 ury of the county against whose commissioners the costs are adjudged. 



(4510-6) SEC. 6. [Expense; how apportioned.] The court 

 shall order the commissioners of the upper county to apportion and assess 

 the amount mentioned in said report, together with entire expense of 

 these proceedings, to the land in said county, in the same ratio as the 

 expense of constructing said ditch or ditches in sakl upper county was 

 apportioned and assessed ; and the court shall further order said com- 

 missioners to cause the sums so apportioned to the respective tracts of 

 land in said upper county to be placed on the special duplicate of said 



