LAWS RELATING TO AGRICULTURE. 127 



SEC. 4551. [Proceedings when papers are lost.] Where the rec- 

 ords, proceedings, or papers pertaining to any ditch, under the provis- 

 ions of this chapter, have in any way been lost or destroyed, the trustees 

 may re-establish the ditch on the original route, and determine the depth, 

 width, and flare, and divide the same into suitable sections, and appor- 

 tion the same as provided in this chapter, and make a full record of such 

 proceedings, and the record thus made shall thereafter, be deemed con- 

 clusive evidence of the original capacity and apportionment of said ditch. 



SEC. 4552. [Township ditch may be altered or repaired by trus- 

 tees.] The trustees shall have the power to cause any ditch, or any 

 part thereof, located and constructed under any law, to be altered, 

 deepened, widened, enlarged, repaired, boxed or tiled, and the same 

 proceedings shall be had so far as is applicable, as is required in the 

 location and construction of the same; and in all cases the expenses 

 thereof shall be apportioned in the same manner as is provided herein 

 for original construction. 



SEC. 4559. [What taxes or assessments are not void.] The col- 

 lection of taxes, or assessments levied or assessed, or ordered to be 

 levied or assessed, to pay for the expense of location, or for the con- 

 struction of any ditch, laid out or constructed under and by authority 

 of this chapter, shall not be perpetually enjoined or declared absolutely 

 void in consequence of any error committed by the engineer or surveyor, 

 or by the township clerk, or by the trustees of a township in the location 

 and establishment thereof, nor by reason of any error or merely technical 

 informality appearing in the petition or record of the proceedings, nor 

 by reason of any want of notice by which such ditch shall have been 

 located and established. 



SEC. 4560. [Only party injured can have relief.] The court, in 

 which any proceeding is brought to recover any tax or assessment, or 

 to reverse or declare void the proceedings to locate or establish any ditch, 

 or to construct the same, or to enjoin the tax levied or assessed, or 

 ordered to be levied or assessed to pay for the location or construction of 

 a ditch, shall proceed in the same manner, and exercise the same authority 

 over said ditch proceedings or any part thereof, as is prescribed and 

 granted to such court in section forty-four hundred and ninety-one of 

 the Revised Statutes, and all acts amendatory thereof or supplementary 

 thereto. 



REMOVAL OF DRIFT. 



SEC. 4561. [Who may remove drift on another's land, and when.] 

 Any person who may be injured by reason of any drift of wtfod, or other 

 substance, casually produced in the channel of any stream or water- 

 course, upon the lands of another after three days' notice previously 

 given in writing to the owner, or occupant of such lands, if they are 

 occupied, and if not occupied, then without such notice, may enter 

 thereon, with such assistance as may be necessary, and then and there 

 remove such drift or other obstruction ; but any person so entering, shall 

 remain liable, as at common law, for any injury done or committed to 

 the rights of the owner or occupant of such lands, which might be avoided 

 in the removal of such obstructions, and shall not have the right to 

 remove off of the lands upon which such drift or obstruction may be 

 situate, any of the substances composing such drift or other obstructions. 



