

LAWS RELATING TO AGRICULTURE. 105 



county against such lands for collection. If proposed improvement be 

 abandoned the court shall order the commissioners of said upper county 

 to pay the costs of proceedings under section three [(4510-3)] of this 

 act, said cost to be apportioned and placed on the special duplicate, in 

 same manner that cost of improvement would have been apportioned and 

 placed on the special duplicate, provided nothing herein contained shall 

 foe construed to affect any existing litigation 



(4510-7) SEC. 7. [Collection by treasurer.] The treasurer of 

 said county shall collect said sum as other taxes are collected, and pay 

 the same to the treasurer of the said adjoining county, upon the warrant 

 -of the auditor of said county. 



(4510-8) SEC. 8. [Outlet may be enlarged when necessary.] 

 The funds so paid shall be used in the enlargement of said outlet ditch, 

 if an enlargement thereof be necessary on account of the additional water 

 emptied into it from the upper county, or for the construction of an out- 

 let ditch in the lower county if none exists. 



(4510-9) SEC. 9. [Duty of township trustees.] Whenever the 

 trustees of any township shall construct a ditch which empties its water 

 onto an adjoining county, or into any ditch, drain or watercourse con- 

 structed therein, the same agreement hereinbefore provided for between 

 the commissioners of counties may be made and carried out, by and 

 between the commissioners of such adjoining county and said trustees, 

 and on failure to make or carry out such agreement, the commissioners 

 of the county upon or into which said water is emptied, may commence 

 and maintain the same proceedings against said trustees as are herein- 

 before provided for between the commissioners of adjoining counties ; 

 and the funds to be paid by such trustees to the lower county shall be 

 assessed by said trustees and collected in the manner now prescribed by 

 Jaw for collecting assessments for constructing township ditches. 



(4510-10) SEC. 10. [Cleaning and repairing.] All proceedings 

 -for the construction, cleaning out, repairing or enlarging either of said 

 ditches, in either the upper or lower counties, whether or not the same 

 have been originally constructed as joint ditches or whether or not the 

 ditch to be constructed might be a joint ditch, may be commenced and 

 conducted in the manner prescribed by this act and the law prescribed for 

 single county ditches ; but in addition to the manner of procedure pre- 

 scribed in this act for the construction, enlarging, cleaning out or re- 

 pairing of any ditch, which furnishes or may furnish drainage for 

 more than one county, proceedings shall be commenced and conducted 

 in the manner prescribed by law for the construction of joint ditches, 

 whenever a majority of each board of commissioners of such counties 

 shall so agree : but in all cases where such commissioners do not agree or 

 -determine to proceed under the laws for the construction of joint ditches, 

 and the board of commissioners of said lower county unanimously agree 

 that such improvement is necessary or will be conducive to the public 

 "health, convenience or welfare, and the line described in [is] the best 

 route, then all such proceedings in reference thereto,* shall be conducted 

 .as provided by this act and the laws for single county ditches. Such 

 proceedings to be conducted by the commissioners of said lower county. 



(4510-11) [Cleaning, repairing or enlarging joint county ditch; 

 how cost of apportioned.] When a ditch needs to be cleaned out, re- 

 jpaived or enlarged which has been located in more than one county, 



