108 LAWS RELATING TO AGRICULTURE. 



to view the line of such ditch, drain or water-course, and the sink-hole, 

 fissure, break or opening in the earth or rock thereof, sought to be im- 

 proved, and determine by actual view whether the improvement is nec- 

 essary or will be conducive to the public health, convenience or welfare ; 

 and they shall, report their finding in writing, and the auditor or clerk, 

 as the case may be, shall enter the same on their journal. 



(4510-21) SEC. 4. [Proceedings if finding for or against; report, 

 estimate, and plat to be filed by engineer.] If the finding be against 

 the improvement, they shall dismiss the petition and proceedings at the 

 costs of the petitioners ; but if they find for the improvement they shall 

 cause to be entered on their journal an order directing the county 

 surveyor or engineer to go to the sink-hole, fissure, break or opening 

 in the earth or rock thereof, sought to be improved, and survey and 

 level the same, and also survey and level the ditch, drain or water- 

 course draining therein, and make a report, profile and plat of the same, 

 and estimate the number of cubic yards of earth or other substance to 

 be removed, and the costs per cubic yard, and the costs of walling up 

 any excavation that may, in his opinion, be necessary to make; and 

 they shall also, by their order, direct the surveyor or engineer to make 

 and return a schedule of all lots and lands and public and private and 

 corporate roads or railroads, the surface waters of which flow and drain 

 into such ditch, drain or water-course, and are carried thereby to said 

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

 and an estimate of the percentage of the costs and expense of making- 

 said improvement that should be assessed to each owner of land and 

 public and private corporation and county and township by reason of 

 the flow of water as aforesaid, of the whole amount of the costs and 

 expense necessary to make said improvement, and such surveyor or en- 

 gineer shall file said plat, profile and estimates and report with the au- 

 ditor or clerk, as the case may be, within twenty days of the date of 

 said order. 



(4510-22) SEC. 5. [Auditor or clerk to fix day for hearing, and 



five notice of; notice to non-resident by publication.] Upon the 

 ling of the report of the surveyor or engineer, the auditor or clerk, as 

 the case may be, shall, without delay, fix a day for the hearing of the 

 same ; he shall prepare and deliver to the petitioners, or any one of 

 them, a notice in writing, directed to the resident lot or landowners, 

 and the authorities of municipal or private corporations affected by the 

 improvement, setting forth the pendency, substance and prayer of the 

 petition, together with a tabular statement of the percentage of the whole 

 costs and expenses that should be assessed to each owner of land and 

 public and private corporation, as reported by the surveyor or engineer, 

 a copy of which notice shall be served upon each lot or land owner, and 

 upon an officer or agent of such private corporation, and upon each 

 member of the board of commissioners or trustees of townships, at least 

 eight days before the day set for such hearing, and the person who 

 makes such service, shall return the same to the auditor or clerk, on or 

 before the day set for hearing, and return his doings thereunder, under 

 oath, and the auditor or clerk, as the case may be, shall at the same 

 time give like notice to each non-resident of the county, lot or land- 

 owner, by publication in a newspaper printed and of general circulation 

 in the county, for at least two consecutive weeks before the day set for 

 the hearing, which notice shall be verified by the affidavit of the printer 



