106 LAV/S RELATING TO AGRICULTURE. 



any owner of any lot or tract of land which was assessed for its con- 

 struction, may make a statement to the county commissioners, of either 

 of said counties, in writing, setting forth such necessity, and the com- 

 missioners shall forthwith appoint a disinterested freeholder of the county 

 or an engineer, to examine the ditch, whose compensation shall be as 

 in other cases, and who shall be sworn to go upon the line thereof and 

 carefully make such examination, and make an estimate of the amount 

 of work to be done and the amount of money required therefor, and 

 fix the portion thereof that the owner of each lot or tract of land, and 

 each corporation, county or township assessed for the construction of" 

 the ditch or that may be benefited by such cleaning out, repairing or 

 enlarging of the ditch, should be assessed for such improvement; and 

 such assessment shall be made according to benefits, unless the neces- 

 sity for the improvement arose from the acts or neglect of any land- 

 owner or corporation, in which case such act or neglect shall be con- 

 sidered. Such freeholder, or engineer shall return "his estimate and 

 assessments to the aforesaid commissioners in writing, whereupon said 

 commissioners shall notify the commissioners of any other county in- 

 terested in said action, and furnish to them a copy of said estimate and 

 assessments, and it shall be the duty of the commissioners of the said 

 counties to appoint a day for hearing the same in joint session, and di- 

 rect a like notice to be given to all land and lot owners and corpora- 

 tions affected thereby, as is provided in case of the apportionment in 

 the construction of a like ditch when they may make such changes therein 

 as they may deem right and proper. They shall enter upon their journals 

 the assessments as approved by them, and the auditors of the said coun- 

 ties shall place the same upon the duplicate against the lands upon which 

 they are assessed, to be collected as other taxes ; the work to be done 

 shall be advertised, sold and let and the contracts thereof performed as 

 provided in the construction of a like ditch, and the contractor shall 

 be paid by the warrant of the proper auditor on the county treasurer 

 out of the assessments so made, and paid upon certificate of such free- 

 holder or engineer, that he has performed his contract ; but if, at the 

 presentation of any certificate, all the assessments have not been paid, 

 payment shall be made thereon pro rata. 



UNDER-GROUND DRAIN. 



(4510-12) SEC. T. [Outlet for underground drain.] When 

 ever it becomes necessary to enter upon the lands of another to secure 

 an outlet to an under-ground drain or ditch, the person so entering 

 upon the lands of another shall be required to continue said under-ground 

 drain to such place for an outlet as shall not damage said lands by the 

 water emptying upon the same. 



(4510-13) SEC. 2. [Payment of costs according to benefits.] 

 That whenever such under-ground drain becomes a benefit to the owner 

 of such lands through which it passes, he may be required to pay a rea- 

 sonable share of the cost of drain upon said premises, and be permitted 

 to use the same as an outlet for such drains as he may see fit to make. 



(4510-14) SEC. 3. [Township trustees to locate drain when 

 property-owners can not agree.] That when the parties or owners 

 of land to be thus drained, fail to agree as to location of under-ground 

 drain, and the amount to be paid by each, the trustees of said township 

 or townships shall locate said under-ground drain, specify size and quality 



