144 LAWS RELATING TO AGRICULTURE. 



thereupon enter the same on the duplicate to be collected as other taxes, 

 and when collected the same shall be paid over to the persons entitled 

 thereto, upon the order of the probate judge, whenever he shall be sat- 

 isfied that the several sections have been completed according to the 

 order of the court before made ; in case of a failure to sell any portion 

 of the work at any lettings, and in case any purchaser at any letting 

 fails to give bond or complete any part of the work as required, the 

 judge shall proceed to again let the same and make all necessary orders 

 in relation thereto as prescribed in this section. 



SEC. 4612. [Person materially affected may complain of error.] 

 No person shall be permitted to take advantage of any error committed 

 in any proceeding to locate, establish, and construct, or repair a levee 

 under the provisions of this chapter, nor of any error committed by 

 the probate judge or probate court, the viewers, or the jury in the case. 

 or by the engineer or other person, in such proceedings, nor of any 

 informality, error, or defect appearing in the record of the proceedings, 

 nor of want of notice to the owner of any lands affected thereby, unless 

 the party complaining is first shown to be materially and substantially 

 affected thereby. 



SEC. 4613. [And may have relief.] But the court in which any 

 action may be brought to enjoin, reverse, or declare void the proceed- 

 ings by which any such levee is ordered to be located, established, con- 

 structed, or repaired, or to enjoin the performance of any work, or the 

 assessment or collection of any costs and expenses ordered by the pro- 

 bate court for the purposes aforesaid, may, if there be manifest error 

 in such proceedings affecting materially the substantial rights of any 

 plaintiff, in such action, set the same aside as to such plaintiff without 

 affecting the rights or liabilities of the other parties in interest; and 

 the court shall, on the final hearing, make such order in the premises as 

 may seem equitable, and just, and may order the work done, and the 

 costs and expenses paid, by the plaintiff, or the amount of money re- 

 turned to the auditor of the county against the plaintiff, or any part 

 thereof, to remain on the duplicate for collection, or may perpetually 

 enjoin the same or any part thereof ; the costs of such action, and of the 

 proceedings had therein shall be apportioned among the parties or 

 paid out of the county treasury, in whole or in part, as justice and equitv 

 may require and the court direct. 



SEC. 4614. [When and how township trustees may establish 



levees.J Ihe trustees of any township through which a stream or 



subject to overflow passes may, on application of anv partv, enter 



upon any land m their township to view any proposed levee or embank- 



tient, for the purpose of protecting any land, held by more than one 



person and cause such levee or embankment to be located and con- 



structed, whenever m their opinion, the same is demanded bv or will 



be conducive to the public health, convenience, or welfare- and thev 



to the Provisions of Taw 



ion s , hefn ,- ' v to th ^ use of ^P - 



ctinn ^ <? any P 6 ^ 11 * 8 sha11 be taken bv the trustees under 

 ion the expenses and costs of location and construction, and 

 r costs and expenses necessary or incident to the location or con- 

 ruction of the proposed levee, shall be guaranteed or paid to the trus- 



he S levee PanieS ' " ^ f ^ int6reSted in the ? construction of 



