
    No. 442
    No. 19608
    Leland Romberger vs Ray Curl et al, commissioners, and Roy Miller, as auditor of Morrow County, Ohio.
    Error to the Court of Appeals of Morrow County.
    420. DRAINS AND DITCHES — 1. Statutory jurisdiction of county commissioners to construct, invoked only by petition.
    2. Function of petition spent when finding has been made.
    3. Where finding is for the ditch, jurisdiction is continuous, and mistakes may be corrected.
    4. Jurisdiction of commissioners divested where finding is against it, and cannot be reinvested.
   ROBINSON, J.

1. The jurisdiction of a board of county commissioners, under Part Second, Title III, chapter one, General Code, as codified 108 Ohio Laws, Part 1, page 926 and succeeding pages, to construct a county ditch improvement, can be invoked only by petition.

2. Such petition has performed its function when a board of county commissioners has found either for or against such improvement.

3. When a board of county commissioners has found for a county ditch improvement, its jurisdiction over such improvement is a continuing jurisdiction and it has the power to correct its own jurisdictional mistakes.

4. When a board of county commissioners has found against a county ditch improvement, it has divested itself of all jurisdiction in the premises and is without power to reinvest itself with such jurisdiction.

Judgment reversed.

Jones, Matthias, Day, Allen and Kinkade, JJ., concur.  