Chap. 205.—An ACT Amending and Re-enacting Sections 15, 14, 15 and 16
of Chapter 124 of Code of 186), Authorizing the Draining of Lands
Through the Lands of Others.

Approved March 28, 1871.

1. Be it enacted by the general assembly, That sections
thirteen, fourteen, fifteen and sixteen of chapter one hundred
and twenty-four of the Code of Virginia, (edition of eighteen
hundred and sixty), be amended and re-enacted so as to read
as follows:

Ҥ 13. Any person desiring to drain his lands through the
lands of others, may apply to the court of the county or cor-
poration in which the whole ora part of the last mentioned
lands may lie, for the appointment of commissioners to ascer-
tain and report upon the propriety of granting said application,
and the damages that may be sustained by the party or parties
through whose lands the said drain is proposed to be run. Of
which application, notice shall be given to the proprietors of
the lands through which such drain is to be run, in the manner
prescribed by the seventh section of chapter fifty-six.

Ҥ 14. If the court on hearing the matter thinks it proper,
it shall issue its order, appointing five commissioners, who shall
be freeholders (any three of whom may act,) who shall, on
being served with a copy of said order, go upon said land, and
after being duly sworn, shall ascertain and report what damages,
if any, may be sustained by the party or parties through whose
lands the drain is to be run. But said commissioners, before
proceeding to execute said order, shall give to the parties in-
terested, and to the tenants in possession, at least ten days’
notice of the time appointed by them for the execution of the
same in the manner prescribed by first section of this act.

Ҥ 15. The said commissioners shall also enquire and report
whether the mode of draining his land, proposed by the appli-
cant, be proper, and shall describe the same specitically.

Ҥ 16. If the leave prayed for, be granted by the court, it
shall be made a matter of record, and the applicant shall, be-
fore he proceeds therein, pay or secure to the satisfaction of
the parties entitled thereto, the compensation, if any, ascertained
by said commissioners, and all the costs of the proceeding,
including the sum of two dollars per day to each of said com-
missioners for each day that they may be engaged in executing
the order aforesaid; and shall make and keep open such cat,
drain or culvert as he is allowed to make, at his own expense.”

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