126 LAWS RELATING TO AGRICULTURE. 



suit in the name of the township, before any court having competent jur- 

 isdiction, against such person, for all costs and expenses resulting from 

 the non-performance of such work ; and the journal containing the record 

 of their proceedings, or a certified copy therefrom, shall be prima facie 

 evidence of such indebtedness ; and the trustees shall immediately pro- 

 ceed to sell or re-sell, as the case may be, such unfinished section, in 

 the same manner as if no previous bond on previous sale had been taken ; 

 and if the purchaser also fail to complete such work, the trustees shall 

 again enter suit as provided for in this section, and also again re-sell in 

 conformity with this chapter, until the work shall be completed; but 

 the same work shall not be sold more than once to the same person. 



SEC. 4546. [Any person injured may have action.] A person 

 who has sustained damage in consequence of the non-performance of 

 such work, may bring suit before any justice of the peace of the town- 

 ship where the damage has been sustained, against the person in default, 

 and collect damages, with costs of suit, in the same manner as the law 

 provides in suits for damages. 



SEC. 4547. [When assessments to be put on duplicate.] As 

 soon as the work shall be completed in conformity with the sale, and 

 to the satisfaction of the trustees, they shall immediately certify to the 

 auditor of the county the amount each section sold for, adding the pro- 

 portionate amount of costs and expenses of such sale, together with a 

 correct description of each piece of land upon which the same is assessed ; 

 and the auditor shall place the same on the duplicate, to be collected 

 as other state and county taxes are collected ; and the trustees shall at 

 the same time certify the amount due to each person, and the auditor 

 shall draw orders for the payment of such amount out of the county 

 treasury; but any person interested may pay the amount of the pur- 

 chase money and proportionate share of costs and expenses as aforesaid 

 to the trustees at any time before the same are charged on the duplicate, 

 to be paid by the trustees to the purchaser of such section. 



SEC. 4548. [Costs when the verdict against appellant.] If the 

 jury appointed by the probate judge shall report in conformity with the 

 proceedings of the trustees, as far as the interest of the person so ap- 

 pealing shall be concerned, then and in that case all costs made on such 

 appeal shall be taxed against such appellant. 



SEC. 4549. [Costs may be put on the duplicate.] If any person 

 fail or refuse to pay his apportionment of costs of locating and estab- 

 lishing the ditch, or of the cleaning out, deepening, widening, or repair- 

 ing of the same, by the time specified by the trustees for the payment 

 of such costs, they shall certify the same to the auditor of the county 

 giving a correct description of each piece of land upon which such cost 

 is assessed, and the auditor shall place the same on the tax duplicate 

 to be collected as other state and county taxes are collected* and the 

 county treasurer shall pay such amount to the township treasurer as 

 other township funds, specifying the purpose of the same; and the trus- 

 tees shall pay out the same in conformity with the record on the ditch 

 journal. 



SEC. 4550. [When a person injured may sue trustees ] Who- 

 ever sustains damage by the failure of the trustees to perform an v dutv 

 imposed upon them by this chapter, may recover the same b v "action 

 against them before a justice of the peace. 



