commissioner, or commissioners, in said drainage, to investigate and to re-locate said public drain, or system of drainage, at and near the point od [of] danger set forth in said petition, by changing the course sufficiently to remedy said dangerous condition to the highway and the traveling public, and the court shall also order said commissioner, or commissioners, to establish and fix the damages and benefits to each tract of land physically affected by said change, and to easements held by individuals, railway and other corporations as well as to cities, towns or public or private corporations including any land rights, easements or water power, injuriously or beneficially affected, and fix the definite termini, width, depth, slope and yardage of said proposed change, using the original report of said commissioner, or commissioners, filed in said cause as a basis, and locating this change from stations mentioned therein, and fix the day for said commissioner, or commissioners, to report. If it should appear to the court that said hazard can be remedied by changing any bridge or part of said highway, which change can be made at a less extra cost, than the change of said course of said drain, and which will not affect the utility of said highway, the court shall find said proposed change mentioned in said petition to not be of public utility and shall dismiss said petition at the cost of said petitioners. Upon said report being made and filed in said cause, it shall be made a part of the original report. Upon the filing of said report by said drainage commissioner, or commissioners, any land owner affected by said report shall have ten days, exclusive of the day of filing and Sunday, to file objections to said report, which objections shall be only as to the amount of damages or benefits assessed or fixed by said commissioner, or commissioners. Said court upon the trial of said issue, or at the end of said ten days from and after the filing of said report, if no objections are filed, shall consider said report and objections if any, and confirm, modify or change said report as justice may require and cause the damages and expenses of said change so adjusted to be paid out of the fund collected by said commissioner, or commissioners, for the cleanout and repair of said public drain, or system of drainage: Provided, That no portion of such proposed change shall be located or constructed contrary to the provisions of the law relating to original proceedings for drainage. Said public drain so established by the court shall be the true and legal public drain and that part so vacated shall revert to the owner of the land through which it passes. The contractor shall take notice of said change and comply with the order of the court. The benefits adjudged to any land shall be a lien thereon and collected as ditch assessments are collected and become a part of the

general drainage fund in said cause. The increase or decrease in the costs to said contractor by said change shall be computed by yardage and he shall be paid accordingly.

6161q6. Act supplemental.-2. This act shall be construed as supplemental to and not repealing an act entitled "An act concerning the cleaning and repair of dredge ditches and repealing section 1 to 71, both inclusive; of an act concerning the organization of drainage, sanitary and reclamation district and prescribing their powers and duties, and section 1 to 37, both inclusive, of an act concerning the maintenance, repair, improvement and betterment of ditches and drains, approved March 8, 1915." (Law without signature of governor, 1917.)

See sections 6161g3 to 6161p3 inclusive.

Section 3 of the above act provides that the act be in force and effect from and after its passage.

[Acts 1921, p. 257. In force March 9, 1921.]

6162. Lakes of fresh water protected.-1. It shall be unlawful for any person or persons, firm or corporation, to locate, make, dig, dredge, or in any manner construct, or for any court, or board of commissioners, or body of viewers or drainage commissioners, to order or recommend the location, establishment or construction of any ditch or drain cutting into or through, or upon the line of any freshwater late or lakes, in the State of Indiana, or to locate, dig, make, dredge, or in any way construct any ditch or drain having a bottom depth lower than the present water line of such lake, within one hundred and sixty (160) rods of any point on the line of such lake where the line or any portion thereof is known or ascertainable; or in case such line or any part thereof is lost and cannot be ascertained, within one hundred and sixty (160) rods from high water mark on the margin of such lake, such high water mark to be the highest point on such margin to which such water has arisen within the last ten years.

This section amends section 6162 Revision of 1914.

See section 6164 for section 2 of the above act.

6163. Dam, bank, levee, interference.

The obstruction of an old drain from a lake can not be justified by this section for the maintenance of the level of lakes, which refers to the maintenance of

the level after the construction of the drain. Overmyer v. Barnett, 123 N. E. 654.

6164.

[Acts 1921, p. 257. In force March 9, 1921.] Bank-Dam-Spillway-Change or alteration.-3. It shall be unlawful for any person or persons, firm or corporation, or for any court, or board of commissioners, or body of viewers or drainage commissioners to intefere with, change or alter, or attempt to interfere with, change or alter any bank, dam, spillway, outlet or outlets of any fresh water lake or lakes in the State of Indiana, or to dig or dredge, or in any way lower, or attempt to lower any outlet or part of outlet to any such lake at any point in such outlet within two hundred and forty (240) rods of any such lake.

This section amends section 6164 Revision of 1914.

Section 3 of this act repeals all laws and parts of laws in conflict.

Section 4 of the above act provides that the act be in force and effect from and after its passage.

6167. Effect of act.

This act adopts the interpretation found in section 4, Acts 1905, ch. 157, p. 456, (section 6139d) that a "lake covering ten acres or more of ground" was meant by the words "fresh water lake" where used in forbidding the drainage of any such lake (section 6162) and the intent so expressed was not repealed by the act of 1907, ch. 252, p. 508 (section 6140 et seq.). Holle v. Drudge, Ind. 129 N. E. 229.

6168. Fresh water lakes-Acts not affected.

The act does not repeal but is supplemental to Acts 1905, ch. 152 (sections 6162-6167). Holle v. Drudge, Ind., 129 N. E. 229.

[Acts 1919, p. 426. In force March 11, 1919.]

6174. Tiling or change, petition, proceedings.-19. The owner of

any tract of land affected by and assessed for the construction or tiling of any public drain under this or any other law of the State of Indiana shall have the right to file a petition and therein allege that any such public drain, or any part thereof, may be more economically repaired, or that such drain, or any part thereof, being out of repair, is not sufficient to properly perform the drainage for which it was designed and intended, and that it can be made sufficient and perform the drainage for which it was designed and intended by tiling and covering, or by increasing the size or number of the tile thereof, or by increasing the size or number of the tile and changing the course, or extending the length thereof, or by removing the tile and converting the drain into an open ditch, or by making any other change therein which would be of public utility. That such petition shall be filed in the office of the clerk of the circuit or superior court, or before the board of county commissioners, as the case may be, under the provisions hereof, of the county in which the original petition was filed and proceedings had for the construction of such public drain. The form and contents of such petition and other provisions thereof, so far as applicable, shall conform and be similar to the petition provided in section two (2) of this act relative to original petitions for construction of drains; and the provisions of section three (3) of this act relative to notice and hearing thereof and remonstrances thereto, and the reference of such petition to the drainage commissioners for construction, report and other proceedings shall, so far as applicable, conform and apply to the proceedings in this section specified for the repair, change or extension of any such drain: Provided, That no such petition shall be denied by reason of the filing of a remonstrance signed by two-thirds (2/3) in number of the landowners named as such in the petition, or who may be affected by any assessment imposed, unless the signers of such remonstrance shall likewise be the owners of the lands abutting on more than fifty per cent. (50%) of the total length of such ditch: And Provided, further, That where the petition alleges that the drain as originally constructed is not sufficient to perform the drainage for which it was designed and intended, and the prayer thereto is to increase the size or number of the tile, or to increase the size or the number of the tile and change the course or extend the length of such drain, and the court shall find that such drain as originally constructed, and as existing, is not sufficient to properly drain the lands intended, and that the proposed repair, change or extension thereof will probably accomplish such proper drainage and will, if made, be of public utility, then under such circumstances the right granted under said section three (3) of this act to remonstrate against and prevent the accomplishment

of such repair, change or extension is hereby denied. If after a hearing on such petition, such change, extension or repair shall be ordered, then such repair, extension or change shall be executed in conformity to sections three (3) and four (4), and all provisions thereof relative to the construction of said work thereunder, the report of the drainage commissioners and exceptions thereto and proceedings of such exception shall, so far as applicable hereto, apply to execution of such repair, change or extension.

And the provisions of sections five (5) and seven (7) of this act, relative to the duties of superintendent of construction, shall so far as applicable to the proceedings hereunder, be the same as in case of original construction of such public drain. The cost of proceedings, together with the cost of such repairs, shall be apportioned according to the benefits to be derived therefrom.

If the change, repair or extension is made by order of the circuit or superior courts, and the total cost thereof exceed five thousand dollars ($5,000), then the provisions of section six (6) of this act, relative to the issuance of drainage bonds, shall apply to the proceedings hereunder. If the repair, change or extension does not affect more than two miles of said drain, and the cost thereof, exclusive of the tile used therein, does not exceed three hundred dollars ($300), the procedure provided for in section seventeen (17) of this act, so far as applicable, shall be applied hereto:

Provided, That if the original drain was constructed by order of the circuit or superior court, and the proceedings are had therein, then the clerk of said court shall proceed to and perform the act of the county auditor as specified in said section seventeen (17) and as therein required by such auditor. In other respects all the provisions of this act relative to the construction of any work or drainage shall so far as applicable hereto, if not in conflict herewith, govern in the proceedings for and the execution of the repair, change or extension herein provided; that where a public tile drainage has become defective by reason of the tile therein being broken, uncovered, displaced or stopped up, and the cost of repair would not exceed fifty dollars ($50), then the township trustee of the township in which such defective condition exists may repair the same out of the road funds available in his hands: Provided, This law shall not affect pending litigation.

This section amends section 6174 Revision of 1914.

The following section to the above act is not numbered but provides that the act be in force and effect from and after its passage.

Petitions for tiling or change of drains should be presented to the tribunal which originally ordered the establishment of the drains. Stockton v. Pancoast, 178 Ind. 203, 98 N. E. 122; Shields v. Pyles, 180 Ind. 76, 99 N. E. 742.