Chap. 361.—An ACT to provide for the draining of low lands in
Palmer’s Springs district, in the county of Mecklenburg.

Approved March 2, 1888.

1. Be it enacted by the general assembly of Virginia, That
upon the petition of five citizensin Palmer’s Springs, Flat Creek
district, county of Mecklenburg, to the county court, peti-
tioning for the draining of Smith’s creek and Miles creek:and
its tributaries, either upon the plea of health, or to pro-
mote and advance the agricultural interests of the farmers,
who may own lands lying on said creeks or its tributaries
petitioned to be drained, the county court shall, within ten
days after the filing of such petition, order the county sur-
veyor to summon three disinterested freeholders, good and
lawful men of intelligence and discretion, who shall consti-
tute a board, and the county surveyor shall be the chairman
of said board; and the chairman shall give all persons who
may be interested in having said creeks and their tribu-
taries drained, three days’ notice of the time and place of the
meeting of the board: provided, that the petitioners shall de-
posit with the county treasurer, the sum of twenty-five dol-
ars, for the payment of current expenses, not otherwise pro-
vided for in this act.

2. The board provided for in section one of this act, shall
meet at the call of the chairman, and shall proceed to in-
spect and examine the lands, as described in the petition to
be drained; and the board shall have power to summon wit-
nesses, administer oaths, and take testimony, and if the board
decides that the lands specified in the petition shall be drain-
ed, either on the plea of health, or for the benefit of the
farms lying on, or contiguous to said water course, then the
board shall select a place at which the ditch shall be begun;
they shall also decide the depth and width of the ditch to be
dug, and he shall proceed to survey, locate, lay off, and mark
the course of the ditch; and the board shall assign to the
land owners the amount of labor to be performed, and the
amount of money tobe paid for the purpose of defraying the

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necessary expenses, by each land owner, in proportion to the
amount of lands drained, or pro rata benefits received by the
drainage of such lands; and the said board shall specify the
time in which the work so assigned, shall be completed: pro-
vided, no one shall be required to commence on the work as-
signed to him, until the person next below him shall have
completed his work, in accordance with the specifications of
the board.

3. The board shall make a written report to the county
court, showing all the acts and decisions of the board, as to
the length, depth, and width of the ditch, the names of all
the owners ot the lands that will be drained, and the amount
ot work to be performed, and the amount of money to be
paid by each person benefitted by such drainage; but in case
the board determines that the lands described in the petition,
shall not be drained, then the expenses of the board shall be
paid out of thé funds deposited with the county treasurer by
the petitioners.

4. All persons whose land shall be drained under the pro-
visions of this act, shall keep the ditch, on his or her lands,
clear of all rafts of logs, brush, or any trash that will ob-
struct the flow of water through the ditch.

5. The compensation of the board shall be as follows: the
county surveyor shall receive three dollars per day, and the
other members shall receive one dollar and fifty cents per day
while engaged in the duties imposed in this act.

6. Any person selected to serve on the said board, shall do
so, unless for good cause shown he may be excused by the
judge of the county court.

7. That any person who shall neglect or refuse to comply
with the requirements of the board, as provided in this act,
shall be guilty of a misdemeanor, and fined not more than
fifty dollars.

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