CHAP. 301.—An ACT to provide for the drainage of low lands in
Northamptou and Accomac counties.

Approved February 19, 1890.

1. Be it enacted by the general assembly of Virginia,
That whenever one or more owners of Jands shal! desire to
drain the same through the lands of another or others,
the county court for the county in which said lands are
located shall, on the petition of said owner or owners, ap-
point three commissioners, who shall view the premises,
and if they deem it proper, lay out ditches for that pur-
pose: provided, that notice be given to all land owners
that may be effected by such petition ten days prior to the
session of said county court, and the party giving the
notice filing evidence of the same with the county court.

2. The commissioners may take with them a competent
surveyor; shall specify the courses, distances and sizes of
every ditch they lay out; the estimated cost of making the
same; the damages, if any, and to whom payable, and the
proportion which each person benefited shall pay. They
shall make return in writing, with a plat showing by gen-
eral delineations, without survey, the boundary lines of
such lands and of each taxable portion thereof, or of any
land benefited, and the estimated number of acres. The
commissioners and surveyor shall be sworn to the faithful
and impartial discharge of duty. All the commissioners
shall act, but a majority may decide any matter.

3. The commissioners shall award to any person, who
will be injured by making any such ditch, damages to the
amount of such injury, and the same shall be paid or ten-
dered before cutting the ditch.

4. All persons who will be benefited by such a ditch
shall be liable to contribute to the cost of making the
same and to the damages awarded and expenses of the
proceedings. The commissioners shall determine who will
be benefited, and shall apportion the same upon them
according to such benefit.

5. The court may, before confirmation of the return,
grant orders of review, on application of any party inter-
ested.

6. If any public road crossed by such ditch will be bene-
fited so that the public ought to make and maintain the
bridge over the same, the commissioners shall so state in
their return, and such bridge shall then be made and
kept up at the expense of the county. Should any turn-
pike, toll-road, and so forth, be so crossed by such ditch,
the provisions of this section shall apply to it, except
that the ditch shall be made and kept up by those run-
ning or operating said road.

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7. The commissioners making any return that shall be
confirmed, shall, within one month after such confirma-
tion, convene the persons liable to contribute to any
ditch embraced therein, for the purpose of choosing two
managers and a treasurer of the ditch, to serve for one
year and until others are chosen. Notice of the time and
place of this meeting shall be posted in two or more pub-
lic places of the neighborhood ten days before the meet-
ing. The managers shall annually thereafter, in the
same manner, call a meeting for the same purpose on the
last Saturday in March. At all meetings those liable to
be taxed who may be present shall be entitled to vote in
proportion as each is liable to contribute—that is to say,
each taxable shall be entitled to one vote for every dollar
of tax paid by him.

8. The return, as confirmed by the court, 'shall remain
in force for five years thereafter as the basis of any sub-
sequent assessment that may be made by the managers
for completing, cleansing, or repairing the ditch, or other
necessary purpose. After five years a new assessment
may be had by application of two or more taxables to the
court, and by the same proceedings as on an original pe-
tition.

9. The managers chosen as aforesaid shall proceed to
make and open ditches according to the return as afore-
said, or to cleanse and repair the same as may be neces-
sary, and shall have all needful powers for that purpose.
They shall keep regular accounts of all expenditures, and
render the same to the yearly meeting of taxables. All
payments shall be made by orders drawn by them on the
treasurers. Any person assessed for a tax may discharge
the same by work done by the direction of the manager,
and their certificate shall be received by the treasurer in
payment of the tax.

10. The treasurer shall collect all sums assessed as afore-
said, and shall have the same power herein as a collector
of other taxes. He shall give bond to the taxables, with
security to be approved by the managers, in dowble the
amount of the assessment which he may be authorized to
receive, conditioned for the faithful performance of his
duty, and for the payment to his successor of any money
that may be due him. He shall settle with the taxables
at their annual meeting, and shall be entitled to retain
five per centum on the amount received as compensation.

11. Any person taxed for a ditch which does not pass
through his lands may, at his own expense, open and keep
open cross-ditches into the same: provided, that such
cross-ditches shall not be cut through the land of any
other person without his consent, unless it shall be laid
out and the damages assessed by the commissioner ap-
pointed to lay out the main ditch, or other three commis-
sioners, to be appointed by the county court for that pur-
pose. The person applying for such cross-ditch shall pay
all costs of making and opening the same, and shall also,
before making it, pay or tender all damages awarded.
But any person benefited by such cross-ditch shall con-
tribute and pay so much of such damages, costs, and
expenses as the commissioners shall determine to be his
fair proportion thereof.

12. Ditches so opened shall remain open for the benefit
of those liable to contribute therefor; but if any ditch
shall not be begun within two years from the confirma-
tion of such return, or shall not be completed within five
years thereafter, the whole proceeding shall be void.

13. If any person shall intentionally stop up or obstruct
any ditch cut under this law he shall forfeit and pay to
the managers, for the use of the ditch, not less than five
nor more than fifty dollars.

14. This chapter shall apply to all ditches, blind@or
open, laid out, or to be laid out, by order of the county
court, whether for benefit of land-owners or the public
highways, for completing, extending, enlarging, or clean-
ing thereof; but it shall not be to alter any special law
for ditching or draininy low lands.

15. If any commissioners appointed under this act shall
die, refuse or be unable to act, any judge of the county
court, in vacation, may appoint another in his place.

16. The fees under this chapter shall be: To each com-
missioner, one dollar; to the managers, each one dollar
for each day actually employed in the discharge of their
duties; to the surveyor, such reasonable sum as may be
agreed upon by the commissioners; and all other costs
not herein provided for shal! be regulated by existing laws
for fees in similar services.

17. The commissidners under this chapter may adopt,
in whole or as a part of the ditch to be located and laid
out under this law, any natural stream, any ditch or
ditches already made, cut, or laid out.

18. All acts or parts of acts inconsistent with this act
are hereby repealed.

19. This act shall apply only to the counties of North-
ampton and Accomac.

20. This act shall be in force from its passage.