Chap. 544.—An ACT to provide for the drainage of lowlands in the counties
of Botetourt, Buckingham, Cumberland and Greenesville.

Approved March 2, 1894.

1. Be it enacted by the general assembly of Virginia, That in
the counties of Botetourt, Buckingham, Cumberland and Greenes-
ville, whenever it becomes necessary to enter upon the lands of an-
other in any one of said counties to secure an outlet to an under-
ground drain or ditch to drain lands, the person so entering upon
the lands of another shall be required to continue the said under-
ground drain or ditch to such place for an outlet as shall not damage
said Jands by the water emptying upon the same; and whenever
such underground drain or ditch becomes a benefit to the owner of
such lands through which it passes by draining and improving said
lands, he may be required to pay a reasonable share of the expense
and costs of the said drain or ditch on his said premises, and be per-
mitted to use the same as an outlet for such drains as he may see fit
to make; and when the parties or owners of the lands to be thus
drained cannot agree as to the location or character of such under-
ground drain or ditch, and the amount to be paid by each, the per-
son desiring to drain his lands through the lands of others may
apply to the court of the county or corporation in which said land
hes for the appointment of commissioners to ascertain and report
upon the propriety of granting said application and the damages
that may be sustained by the party or parties through whose Jands
the said drain or ditch is proposed to be run, over and beyond the
benefits to be derived, if any, to such Jands by reason of the drain-
age or otherwise that shall result from the proposed drain, of which
application notice shall be given to the proprietor of the said lands
through which such drain is to be run, in the manner prescribed by
section one thousand and seventy-five of the code of Virginia.

2. 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,
ascertain and report what damages, if any, may be sustained by
the party or parties through whose lands the said drain or ditch is
proposed to be run, the commissioners taking into consideration the
benefits that will result to such lands by drainage or otherwise
through which the drain or ditch is proposed to be run; andif in
their opinion the lands through which the said drain or ditch is
proposed to be run is benefited to an extent equal to the measure, in
whole or in part, to the damage done to the same, the commissioners
shall apportion the expense of constructing the said drain or ditch
among the parties so benefited or interested, as well as the cost of
the proceeding; but said commissioners, before proceeding to exe-
cute said order, shall give to the parties interested and to the tenants
in possession at least ten days’ notice of the time appointed by them
for execution of the same, in the manner prescribed by the pre-
ceding section.

3. The said commissioners shall also inquire and report whether
the mode of draining his land proposed by the applicant be proper,
as well as specify the size and quality of tile or other material to be
used, and the depth and width of the ditch or drain, cut or culvert,
and all other things that may to them seem necegsary to be reported.

4. If the leave prayed for be granted by the court, it shall be made
a matter of record, and the applicant shall, if he alone is benefited
by the location and opening of such drain or ditch, before he pro-
ceeds therein, pay or secure to the satisfaction of the party or par-
ties entitled thereto the compensation, if any, ascertained by the
said commissioners, and all of the costs of the proceedings, includ-
ing the sum of two dollars per day to the commissioners each for
each day that they may be engaged in executing the order aforesaid,
and make and keep open such cut, drain, ditch or culvert as he is
allowed to make at his own expense; but if it shall appear to the
court, from the report of the said commissioners, that the lands or
any of them through which the said drain or ditch 1s proposed to be
run will likewise be benefited by the construction of the said drain
or ditch, then the court shall, by its order, apportion the expense of
making such drain or ditch, as well as keeping open the same, be-
tween the lands or their owners so benefited, as well as the cost of
the proceedings, including the compensation to the commissioners
as aforesaid, which proportion shall be a charge on the land-owners
through whose lands the said drain or ditch may run; and ditches
upon public roads or highways into which such drain or ditch empty
shall be kept open by the surveyor or supervisor of such public road
or highway to a depth sufficient for the proper drainage of such pub-
lic road or highway, as well as said lands drained by the said drain
or ditch.

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

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