120 LAWS RELATING TO AGRICULTURE. 



SEC. 4517. [Proceeding does not abate by death of party.] The 

 death of a party in interest shall not work an abatement of the proceed- 

 ings, but the trustees, being notified, shall order the notice provided in 

 section forty-five hundred and -fifteen to be given to the person succeeding 

 to the right of such deceased party. 



SEC. 4518. [Application for compensation and damages.] Any 

 person claiming compensation for lands appropriated for the purpose 

 of constructing any such ditch, shall make his application in writing there- 

 for to the clerk of the township, on or before the day appointed for hearing 

 the petition, which application shall be laid by the clerk before the trustees ; 

 or, if the trustees should establish the ditch, or a portion thereof, on a 

 line different from that specifically prescribed in the petition, so that the 

 same shall pass through tracts of land not described or contemplated by 

 the petition ; the owner of such land may make his application in writing 

 for compensation, at any time before the order of the trustees establishing 

 and locating the ditch is entered upon the township record ; and on failure 

 to make such application in either case, such owner shall be deemed 

 and held to have waived his right to compensation. 



The land-owner is entitled to full compensation for the land appropriated, and 

 to the damages to his other lands from which the appropriation is made. He is not 

 entitled, as a part of the compensation, to the value of a strip on each side of the 

 ditch, not actually appropriated; nor can he have, as part of his damages, the cost 

 of constructing such portion of the ditch as the trustees apportion to him to con- 

 struct : Miller v. Weber, 1 C C. 130. 



SEC. 4519. [When preliminary steps have not been taken.] On 

 the day set for hearing the petition, if it appear to the trustees that any 

 person who may be interested in the ditch'has not been notified as required 

 by this chapter, or that any requisite preliminary steps have not been taken, 

 they shall adjourn to some future time, not exceeding twenty days, and 

 order such notice to be given, or such preliminary steps to be taken ; and 

 a majority of the trustees shall be competent to perform any of the re- 

 quirements of this chapter. 



SEC. 4520. [Township ditches; duties of trustees; proceedings 

 when they find in favor of ditch.] If the trustees find that the bond 

 has been filed and notice given, they shall proceed to hear and determine 

 the petition, and shall view the premises along the proposed route, and if 

 they find such ditch to be necessary, and that it will be conducive to the 

 public health, convenience, or general welfare, shall proceed to locate 

 and establish the same in substantial conformity with the route described 

 in the petition, or as near thereto as in their opinion would best answer 

 the purpose ; and the trustees may take to their assistance an engineer to 

 locate, level and measure the course of such ditch, and such other assist- 

 ance as they need? and may adjourn from day to day, to complete their 

 report and finding, and when their finding is in favor of such ditch and 

 their report filed with the township clerk, they shall fix a day of hearing, 

 within ten days thereafter at the clerk's office in said township, and 

 then and there determine the complaints of any persons affected by reason 

 of the location and construction of said ditch. 



SEC. 4521. [Township ditches; how compensation and damages 

 awarded.] The trustes shall at the same time examine into and de- 

 termine all applications made to them for compensation, and shall specify 

 the several amounts, by whom and to whom to be paid, and the time of 

 payment, and no order for the opening or sale of any ditch or any part 



