LAWS RELATING TO AGRICULTURE. 



119 



of compensation or damages shall be taken to the probate court of the 

 county in the same manner as appeals are now allowed, and if said ditch 

 or improvement is located in more than one county then such appeal-shall 

 be taken to the probate court of the county in which the greatest length 

 of such ditch or improvement is located. 



[Notice; joint session of trustees.] And upon the filing of such 

 petition the township clerk shall give notice to the trustees of all the 

 townships through which said ditch passes, fixing a time and place where 

 and when such trustees shall meet in joint session, and the trustees of 

 such townships shall meet in joint session at the time and place so 

 fixed, and a majority of the trustees of each township, when in joint 

 session, shall be competent to locate and establish such ditch or im- 

 provement, but no trustee shall serve in any case in which he is per- 

 sonally interested, and all laws in force as to the location and establish 

 ment of township ditches shall apply to the proceedings had by and 

 before said joint board ; 



[Clerk of joint board and duties.] Provided further, that the said 

 joint board when in session at their first meeting upon said ditch shall select 

 one of the clerks of such townships to act as clerk of such joint board, who 

 shall keep the record of all proceedings had by said joint board upon 

 said ditch or improvement. 



[Laws applicable to joint township ditches.] And, provided 

 further, that any and all laws now in force, or that may be hereafter en- 

 acted providing for the cleaning out of township ditches, shall be appli- 

 cable to joint township ditches located and established under this act. 



[Cleaning out of ditch; trustees to examine report] And the 



trustees, when in joint session at their first meeting held after a state- 

 ment in writing for the cleaning out has been filed, shall appoint one of 

 their number from each township through which such joint ditch is estab- 

 lishqd and located to examine and report as to the necessity of cleaning 

 out such joint ditch, and said trustees so appointed shall file their report 

 with the clerk of such joint board, and thereupon such proceedings 

 shall be had as is authorized by law for the cleaning out of township 

 ditches. 



SEC. 4515. [Notice to land-owners of filing the petition.] Upon 

 the filing of such petition and bond the clerk shall prepare the necessary 

 number of notices for the petitioner, who shall cause one such notice to be 

 given to the owner of each tract of land sought to be affected by the pro- 

 ceeding ; the notice shall state substantially the prayer of the petition, and 

 the time and place, when and where the same will be for hearing by the 

 trustees ; and if any person, owning lands sought to be affected by the 

 proceeding, be a non-resident of the county, the same notice shall be 

 sent to Him by mail, if such residence be known by the clerk, otherwise 

 it shall be published for two consecutive weeks, in some newspaper pub- 

 lished or of general circulation in the county. 



SEC. 4516. [When action may bt Brought on bond.] If the per- 

 sons giving bond fail or refuse to pay the costs and expenses when the 

 township trustees refuse to grant the prayer of the petition, the trustees 

 may bring -suit before any justice of the peace in the township upon the 

 bond, and collect all costs and expenses, with costs of prosecution, and 

 pay out the same in conformity with the estimates made in the case , and 

 the ditch journal containing the record of their proceedings, or a certified 

 copy therefrom, shall be prima facie evidence of such indebtedness. 



