LAWS RELATING TO AGRICULTURE. 137 



SEC. 4586. [Petition therefor; what to contain, and bond.] 

 When there is filed in the office of probate judge a petition, signed by 

 one or more persons, owning, controlling, or occupying lands adjacent 

 to, or who shall be interested in, the proposed levee, setting forth the 

 necessity for the same, with a substantial description of the proposed 

 starting point, route, and terminus, and a bond, with good and sufficient 

 surety to the approval of the judge, payable to the state, conditioned to 

 pay all proper costs and expenses in such proceedings, in case the" levee 

 be not finally ordered, the probate judge shall fix a time for hearing the 

 petition, not more than thirty days from the time of filing the same. 



SEC. 4587. [Notice to parties interested.] The judge, or one of 

 the petitioners, shall cause a notice in writing to be given, at least ten 

 days before the day set for hearing the petition, to the owner of each 

 tract of land, and to the auditor of any county and the clerk of any 

 township which may be affected by the proceeding, of the filing and 

 pendency of the petition, and the time the same will be for hearing before 

 the court ; and if any person owning lands which may be affected by the 

 proceeding is a non-resident of the county, or if such owner is a turnpike 

 or railroad company, such notice may be given by publication for two 

 consecutive weeks, in some newspaper of general circulation in the 

 county ; but if such railroad company has a principal office, or a regular 

 ticket or freight agent in the county, a notice, if required by the judge, 

 may be served by leaving a copy thereof with the principal officer in 

 charge of such office, or with such ticket or freight agent, in which case 

 notice to such railroad company need not be given by publication. 



SEC. 4588. [Application for damages.] An owner claiming com- 

 pensation for lands appropriated for the purpose of constructing any 

 such levee, shall make an application in writing therefor to the court, on 

 or before the day appointed for hearing the petition, and on failure to 

 make such application, such owner shall be deemed and held to have 

 waived all right to such compensation. 



SEC. 4589. [Hearing on preliminary matters.] On the day set 

 for the hearing, if it appear to the court that any person or corporation 

 interested in the levee or embankment has not been notified as required 

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

 taken, the court shall continue the case not exceeding twenty days, and 

 order such notice to be given or such other preliminary steps to be taken ; 

 and the court shall have power at any time before the final order has 

 been made to continue the case and order notice to be served, as required 

 in section forty-five hundred and eighty-seven upon any owner of lands 

 who may be found to be affected by said proceeding, and who has not 

 been served with such notice ; and if notice is given after the time orig- 

 inally appointed for the hearing of the petition, the petition shall be 

 regarded, as to such owner so notified, as appointed for hearing on the 

 day to which the case is continued for the purpose of giving such notice. 



SEC. 4590. [Hearing on the merits, and proceedings thereon.] 

 When the court finds that notice of the filing and pendency of the peti- 

 tion has been given, and all other preliminary steps taken, it shall pro- 

 ceed to hear and determine the petition upon, the papers and evidence ; 

 and if the court is satisfied that the levee will be conducive to the public 

 health, convenience, or welfare, it shall forthwith appoint three compe- 

 tent, disinterested freeholders of the county, who shall be sworn to faith- 

 fully and impartially perform their duty as such viewers, and they, with 



