LAWS RELATING TO AGRICULTURE. 131 



paid into the treasury out of the county wherein said petitioners reside, 

 and wherein said mill-dam or mill-dams are situated, and shall be paid 

 out of the county treasury on the warrant of the county auditor, who shall 

 issue his warrants in accordance with the records and orders of the 

 county commissioners. 



[Sale and supervision of work.] The surveyor or engineer ap- 

 pointed by the commissioners shall sell at public outcry the work of 

 removing such mill-dam or mill-dams and supervise the same as "stated 

 in sections forty-four hundred and seventy-five, forty-four hundred 

 and seventy-seven and forty-four hundred and seventy-eight of the Re- 

 vised Statutes of Ohio. 



SEC. 4568. [Application therefor, and bond.] All applications 

 by the owner of land adjoining or adjacent to any such stream, shall be 

 by filing with the county auditor a petition, stating the necessity for 

 such improvement, together with a sufficient bond with surety to the 

 acceptance of the county auditor, conditioned to pay all expenses in- 

 curred in case the county commissioners refuse to grant the prayer of 

 the petition; and thereupon the county auditor shall give notice to the 

 commissioners of the filing and pendency of the petition, and the com- 

 missioners shall immediately designate a time and place when and where 

 they will meet to hear the petition and complete their proceedings 

 thereon. 



SEC. 4569. [Notice to land-owners.] The petitioner shall cause 

 notice in writing to be given to the owners of each tract of land sought to 

 be affected by said proceedings, of the filing and pendency of the petition, 

 which notice shall be served not less than five days before the day fixed 

 for the hearing thereof; and if any person owning lands sought to be 

 affected by the proceedings be a non-resident of the county, a notice 

 shall be given him by publication for two consecutive weeks in some 

 newspaper published or of general circulation in the county. 



SEC. 4570. [Hearing of preliminary matters.] On the day set 



for the hearing, if it appear to the commissioners that any person who is 

 interested in such improvement has not been notified as required by the 

 preceding section, or that any requisite preliminary steps have not been 

 taken, they shall adjourn to some future time, not exceeding twenty 

 days, and shall order such notice to be given, or such preliminary steps 

 to be taken, and a majority of the commissioners shall be competent 

 to perform any of trie requirements of this chapter. 



SEC. 4571. [Hearing on the merits, and proceedings thereon.] 



If the commissioners find that the bond has been filed and notice given, 

 they shall proceed to hear and determine the petition, and, if they deem 

 it necessary, shall view the premises along the proposed improvement, 

 and, if they find that such improvement will be conducive to the public 

 health, convenience, or welfare, shall order the same and proceed to 

 apportion the clearing of the channel of such stream in a fair and 

 equitable manner, according to the benefits to be derived therefrom, as 

 near as the same can be done, among the owners of lands adjoining or 

 adjacent to such stream, and the county auditor shall make a full and 

 complete record of all such proceedings in the journal of the proceedings 

 of the commissioners. 



SEC. 4572. [Apportionment of the work.] The commissioners, 

 whenever they order such improvement, shall divide the same into suitable 



