LAWS RELATING TO AGRICULTURE, 107 



of tile or other material to be used ; specify the depth at which the- 

 same shall be placed; apportion the expense of constructing the same- 

 among the parties interested ; see that such under-ground drain is properly 

 completed; provided, if the trustees deem it best, they may proceed under" 

 existing laws for the construction of township ditches, to perform the- 

 duties required of them by this act, and upon the failure or refusal of 

 either party to pay the amount of said expense as determined by such- 

 trustees, the other party may bring action therefor before any justice- 

 of the peace of said township, and pursue the same to judgment and! 

 execution. 



(4510-15) SEC. 4. [Damages to crops.] That in the construc- 

 tion of such under-ground drain upon the lands of another, the person 

 so entering to construct the same shall be liable for all damages to crops. 



(4510-16) SEC. 5. [ Ditches along public highway s shall be kept 

 open.] That ditches and water-courses upon the public highways into- 

 which such under-ground drains empty, shall be kept open by the su- 

 pervisor of such public highways, to a depth sufficient for the proper 

 drainage of such highways. 



SINK-HOLES AND FISSURES. 



(4510-18) SEC. i [Sink-holes, etc., may be opened, etc.] The 

 commissioners of any county and the trustees of any township may, as 

 hereinafter provided, at any regular or called session of their respec- 

 tive boards, cause to be opened, enlarged, widened, altered, deepened 

 and walled up and protected, any sink-hole or fissure, break or opening: 

 in the earth or rock thereof, situate in their respective county or town- 

 ship, that may be used as the outlet from any ditch, drain or water- 

 course, whether such ditch, drain or water-course was located and con- 

 structed according to law, or otherwise, when the same is necessary to 

 drain any lots, lands, public or corporate road or railroad, and is or 

 will be conducive to the public health, convenience or welfare. 



(4510-19) SEC. 2. [Application for; how made.] Application 

 for any such improvement shall be made to the commissioners of the 

 county or to the trustees of the township, in writing, signed by one or 

 more owners of lots or lands drained by such ditch, drain or water- 

 course, into such sink-hole, fissure, break or opening in the earth or 

 rock thereof, and shall be filed with the auditor of the county if to 

 the commissioners, and with the township clerk if to the trustees, and 

 shall set forth the necessity of the improvement and describe the lo- 

 cation of the sink-hole, fissure, break or opening in the earth or rock 

 thereof, sought to be improved, and the route of the ditch, drain or 

 water-course there terminating and emptying therein ; and there shall 

 be filed therewith a bond payable to the state, with at least two suffi- 

 cient sureties, in not less than one hundred dollars, conditioned for the 

 payment of all costs, if the prayer of the petition be not granted, or be 

 dismissed for cause. 



(4510-20) SEC. 3. [Commissioners or trustees to determine 

 whether improvement necesary.] If the bond be approved by the au- 

 ditor or clerk, as the case may be, he shall immediately deliver a copy 

 of the petition to the commissioners or trustees, as the case may be, who 

 shall thereupon take to their assistance a competent surveyor or engi- 

 neer, if in their opinion his services are necessary, and at once proceed 



