LAWS RELATING TO AGRICULTURE. 109 



or other person knowing the fact, and filed with the auditor or clerk, 

 as the case may be, on or before that day. 



(4510-23) SEC. 6. [Public or corporate road to be assessed if 

 benefited.] When the improvement will benefit any public or rorpor- 

 ate road, or if the water from any such road will drain therein, there 

 shall be assesed to the county, if a county road, state road or free turn- 

 pike, to the township of [if] a township road, or to a corporation if a 

 corporate road or railroad, a proper share and percentage of the whole 

 costs and expense thereof. 



(4510-24) SEC. 7. [Meeting for hearing; proceedings.] The 

 county commissioners, in case the proceeding is before the commis- 

 sioners, shall meet at the auditor's office on the day fixed for the hearing 

 by the auditor, and in case the proceeding be before the township trus- 

 tees, then said trustees shall meet at the office of the township clerk on 

 the day fixed for the hearing by the clerk, and shall first determine 

 whether the required notice has been given; if they find that due notice 

 has not been given, they shall continue the hearing to a day to be fixed 

 by them and order the notices to be served as hereinbefore provided, 

 and when they find that due notice has been given, they shall examine 

 the report of the surveyor or engineer and the apportionment by him 

 made, and tf it is in all respects fair and just, they shall approve and 

 confirm the same. 



(4510-25) SEC. 8. [Report of engineer may be amended; may 

 adjourn hearing.] If the commissioners or trustees, as the case may 

 be, find that the apportionment reported by the surveyor or engineer 

 is unfair and unjust and ought not to be confirmed, they shall so order 

 and amend it as to make it fair and just; and if in their opinion it is 

 necessary, they may adjourn the further hearing not exceeding twenty 

 days, to a day to be fixed by them, and go upon the premises and, by 

 actual view, apportion the entire costs of location and excavation and 

 construction or any part thereof, as may seem just and proper, and on 

 the day so fixed they shall again meet and determine the apportionment, 



(4510-26) SEC. 9. [Assessments according to benefits.] All 

 lots and lands and public and private roads and railroads shall be as- 

 sessed in accordance with benefits, and if the surface water from the 

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

 or the rock thereof, through any ditch, drain or water-course or natural 

 channel, the same shall be considered benefited by such improvement, 

 and shall be assessed therefor. 



(4510-27) SEC. TO. [Compensation and damages.] Applica- 

 tion for compensation and damages may be made, and if made in pro- 

 ceedings before the commissioners, like proceedings shall be had thereon 

 as are had in proceedings before them in the location and establishment 

 of ditches, drains and water-courses, and shall be governed by the laws 

 then in force governing such proceedings, and if made in proceedings 

 before the township trustees, like proceedings shall be had thereon as 

 are had in proceedings before them in the location and establishment of 

 ditches, drains and water-courses, and shall be governed by the laws 

 then in force governing such proceedings. 



(4510-28) SEC. TI. [Proceedings in case of appeal; public sale 

 of work; contracts and bonds.] In cases where appeals have been 

 taken after the transcript of the proceedings before the probate judge, 



