Chap. 312.—An ACT to promote the puplic health, convenience and welfare
by leveeing, ditching and draining the wet, swamp and overflowed lands
of the State, and providing for the establishment of levee or drainage
districts for the purpose of enlarging or changing any natural water
courses, and for digging ditches, or canals, for securing better drainage,
or providing better outlets for drainage, for building levees, or embank-
ments, and installing tide gates, or pumping plants for the reclamation
of cverflowed lands, and prescribing a method for so doing; and pro-
viding for the assessment and collection of the cost and expense of the
same, and issuing and selling boncs therefor: and for the care and main-
tenance of such improvements when constructed.

Approved March 17, 1910.

1. Be it enacted by the general assembly of Virginia, That the circuit
courts of the several counties in the State of Virginia shall have jurisdic-
tion, power and authority to establish a levee, or drainage district, or
districts in their several counties, and in districts as hereinafter set out,
and to locate and establish levees, drains or canals, and cause to be con-
structed, straightened, widened or deepened any land drainage, ditch,
drain or water course, and to build levees or embankments and erect tide
gates and pumping plants for the purpose of draining and reclaiming
wet, swamp or overflowed lands; and it is hereby declared that the drain-
age of swamps and the drainage of the surface water from agricultural
lands and the reclamation of tidal marshes shall be considered a public
benefit and conducive to the public health, convenience, utility and wel-
fare.

2. Petitions; bond; board of viewers.——Whenever a petition, signed
by a majority of the resident landowners in a proposed drainage district,
or by the owners of three-fifths of all the land which will be affected bv
or assessed for the expense of the proposed improvements, shall be filed
in the office of the clerk of the circuit court of any county in which a part
of said lands are located, setting forth that any specific body or district
of land in the county and adjoining counties, described in such a way as
to convey an intelligent idea as to the location of such land, is subject to
overflow or too wet for cultivation, and the public benefit or utility or
the public health, convenience or welfare will be promoted by draining,
ditching or leveeing the same, or by changing or improving the natural
water courses; and setting forth therein as far as practicable the start-
ing point, route and terminus and lateral branches, if necessary, of the
proposed improvement; and there is filed therewith a bond for the
amount of fifty dollars per mile for each mile of the ditch or proposed
improvement, signed by two or more sureties or by some lawful and
authorized surety company, to be approved by the clerk of the county
circuit court and conditioned for payment of all costs and expenses in-
curred in the proceedings, in case the court does not grant the prayer of
said petition, the said clerk shall issue a summons, to be served on all the
defendant landowners who have not joined in the petition and whose
lands are included in the proposed drainage district. Said summons shall
be returnable to the first day of the next term of the circuit court, at
which time the said court shall appoint a disinterested and competent
civil and drainage engineer and two resident freeholders of the county or
counties in which said lands are located as a board of viewers to examine
the lands described in the petition and make a preliminary report thereon.
Lhe compensation for the services of such engineer and his necessary
assistants, to be fixed as herein provided, shall be paid preliminarily by
the county treasurer upon certificate of the circuit Judge, said sum or
sums so paid to be refunded when the drainage fund is subsequently pro-
vided by the sale of bonds or otherwise.

When the lands proposed to be drained and created into a drainage
district are located in two or more counties, the clerk of the circuit court
of either county shall have and exercise the jurisdiction herein conferred,
and the venue shall be in that county in which the petition js first filed.

The summons may be served by publication as to any defendants who
cannot be personally served as provided by law.

3. Examination; preliminary report.—The board of viewers shall
proceed to examine the land described in said petition and other land if
necessary to locate properly such improvement or improvements as are
petitioned for, along the route described in petition, or any other route
answering the same purpose, if found more practicable or feasible, and
may run levels such as may be necessary to determine the elevation of the
several parts of the district, and shall make and return to the clerk of the
county circuit court, within thirty days, unless the time shall be extended
by the court, or the judge thereof in vacation, a written report, which
shall set forth:

(1) Whether the proposed drainage is practicable or not;

(2) Whether it will benefit the public health or any pubhe highway or
be conducive to the general welfare of the community ;

(3) Whether the improvement proposed will benefit the lands sought
to be benefited ;

(4) Whether or not all the lands that are benefited are included in
the proposed drainage district.

They shall also file with this report a map of the proposed drainage
listrict, showing the location of the ditch or ditches or other improve-
nent to be constructed and the lands that will be affected thereby, and
cach other information as they may have collected that will tend to show
he correctness of their findings.
4, Filing preliminary report.—At the first term after the filing
thereof, the circuit court shall consider this report. If the viewers report
that the drainage is not practicable or that it will not benefit the public
health or any public highway or be conducive to the general welfare of the
community, and the court shall approve such findings, the petition shall
be dismissed at the cost of the petitioners. Such petition or proceeding
may again be instituted by the same or additional landowners at any
time after six months, upon proper allegations that conditions have
changed or that material facts were omitted or overlooked.

If the viewers report that the drainage is practicable and that it will
benfit the public health or any public highway, or be conducive to the
general welfare of the community and the court shall so find, then the
court shall fix a day, either at the same or some succeeding term, when
the report will be further heard and considered.

5. Notice.—If the petition is entertained by the court, notice shall
be given by publication for two consecutive weeks in some newspaper of
general circulation within the county or counties, if one shall be pub-
lished in such counties, and also by posting a written or printed notice
at the door of the courthouse and at five conspicuous places within the
drainage district, that on the date set, naming the day, the court will
consider and pass upon the report of the viewers. At least fifteen days
shall intervene between the date of the publication and the posting of the
notices and the date set for the hearing.

6. Hearing preliminary report.—At the date appointed for the hear-
ing the court shall hear and determine any objection that may be offered
to the report of the viewers. If it appear that there is any land withim
the proposed levee or drainage district that will not be affected by the
leveeing or drainage thereof, such lands shall be excluded and the names
of the owners withdrawn from such proceeding; and if it shall be shown
that there is any land not within the proposed district that will be
affected by the construction of the proposed levee or drain, the boundary
of the district shall be so changed as to include such land, and such
additional landowners shal] be made parties plaintiff or defendant, re-
spectively, and summons shall issue accordingly, as hereinbefore pro-
vided. After such changes in the boundary is made, the sufficiency of
the petition shall be verified, to determine whether or not it conforms to
the requirements of the statute, as provided in section two.

The efficiency of the drainage or levee may also be determined, and
if it appears that the location of any levee or drain can be changed s0 as
to make it more effective, or that other branches or spurs should be con-
structed, or that any branch or spur projected may be eliminated, or
other changes made that will tend to increase the benefits of the proposed
work, such modification and changes shall be made by the court. The
engineer and the other two viewers may attend this meeting and give
any information or evidence that may be sought to verify and substan-
tiate their report. If necessary, the petition, as amended, shall be re-
ferred by the court to the engineer and two viewers for further report.

The above facts having been determined to the satisfaction of the
court, and the boundaries of the proposed district determined, it shall
declare the establishment of the drainage or levee district, which shall be
designated by a name or number, for the object and purpose as herein
set forth,

7. May condemn Jand.—If it shall be necessary to acquire a right of
way or an outlet over and through lands not affected by the drainage, or
to remove a dam or other obstacle, whether the same is or is not operated
under decree of court, and the same cannot be acquired by purchase, then
in such event the power of eminent domain is hereby conferred, and the
same may be condemned. Such owner or owners of the land or dam
proposed to be condemned may be made parties defendant, and the pro-
cedure shall be under the restrictions provided by the general statutes of
this State relative to the condemnation of land so far as the same may be
applicable.

ta. Right of appeal.—Any person or corporation owning lands within
the drainage or levee district, which he or it thinks will not be benefited
by the improvement and should not be included within the district, shall
have a right of appeal as provided by chapter one hundred and seventy
of the Code of Virginia of eighteen hundred and cighty-seven, and the
acts amendatory thereof.

8. Complete survey.—After the district is established the court shall
refer the report of the engineer and viewers back to them to make a
complete survey, plans and specifications for the drainage or levees, and
fix a time when said engineer and viewers shall complete and file their
report, not exceeding sixty days.

9. Complete report.—The engineer and viewers shall hiave power to
employ such assistants as may be necessary to inake a complete survey of
the drainage districts, and shall enter upon the ground and make a sur-
vey of the main drain, or drains, and all its Jaterals. The line of each
ditch, drain or levee shall be plainly and substantially marked on the
ground. The course and distance of cach ditch shall be carefully noted
and sufficient notes made, so that it may be accurately platted and
mapped. A }ine of Jevels shall be run for the entire work, and sufficient
data secured from which accurate profiles and plans may be made.
Frequent benchmarks shall be established along the line, or permanent
objects and their elevation recorded in the field books. Tf it is deemed
expedient by the engineer and viewers, other levels may be run to deter-
mine the fall from one part of the district to another. Tf an old water
course, land drainage, ditch or channel is being widened, deepened or
straightened, it shall be accurately cross-sectioned, so as to compute the
amount of cubic vards saved by the use of such old channel. A drain-
age map of the district shall then be completed, showing the location of
the ditch or ditches and other improvements, and the boundary as closely
as may be determined by the records of the lands owned by each indi-
vidual landowner or corporation within the district. The location of
any railroads or public highways and the boundary of any incorporated
towns or villages within the district shall he shown on the map. There
shall also be prepared to accompany this map a profile of each levee,
drain or watercourse, showing the surface of the ground, the bottom or
grade of the proposed improvement and the number of cubic yards of
excavation or fill in each mile or fraction thereof, and the total vards in
the proposed improvement and the estimated cost thereof, and the cost
of any other work required to be done.
10. Assessment of damages.—It shall be the further duty of the
engineer and viewers to asscss the damages claimed by any one that are
justly right and due to them for land taken or for inconvenience im-
posed because of the construction of the improvement or for any other
legal damages sustained. Such damage shall be considered separate
and apart from any benefit the land would receive because of the pro-
posed work.

11. Classification of land according to benefits.—It shall be the fur-
ther duty of the engineer and viewers to personally examine the land in
the district and classify it with reference to the benefit it will receive
from the construction of the levee, ditch, drain or water course or other
improvement. In the case of drainage the degree of wetness of the land,
its proximity to the ditch or a natural outlet and the fertility of the
soil shall be considered in determining the amount of benefit it will re-
ceive by the construction of the ditch. The land benefited shall be
separated into five classes. ‘The land receiving the highest benefit shall
be marked “class A,” that receiving the next highest benefit ‘class B,”
that receiving the next highest benefit “class C,” that receiving the next
highest benefit “class D,” and that receiving the smallest benefit “class
K.” The holdings of any one landowner need not necessarily be all in
one class, but the number of acres in each class shall be ascertained,
though its boundary need not be marked on the ground or shown on the
map. The total number of acres owned by one person in each class and
the number of acres benefited shall be determined. The total number of
acres of each class in the entire district shall be obtained and presented
in tabulated form. The scale of assessment upon the several classes of
land returned by the engineer and viewers shall be in the ratio of one,
two, three, four and five—that is to say, as often as five mills per acre
is assesse(| against the land in class A four mills per acre shall be as-
sessed against the land in class B, three mills per acre in class C, two
mills per acre in class D, and one mill per acre in class E. This shall
form the basis of assessment of benefits to the lands for drainage pur-
poses.

12. Cost of the survey.—The engineer and viewers shall keep an
accurate account and report to the court the name and number of days
each person was employed on the survey and the kind of work he was
doing, and any expense that may have been incurred in going to and
from the work and the cost of any supplies or materia] that may have
been used in making the survey.

13. Delay; extension of time.—In case the work is delayed by high
water, sickness or any other cause, and the report is not completed at
the time fixed by the court, the engineers and viewers shall appear before
the court, or the judge thereof in vacation, and state in writing the cause
of such failure, and ask for sufficient time in which to complete the work,
and the court, or judge, shall set another date, by which the report shall
be completed and filed.

14. Final report: notice of hearing —When the final report is com-
pleted and filed, it shall be examined by the court, and if it is found to
be in due form and in accordance with the law, it shall be accepted, and
if not in due form, it may be ieferred back to the engineer and viewers,
with instruction to secure further information, to be reported at a sub-
sequent date, to be fixed by the court. When the report is fully com-
pleted and accepted by the court, a date shall be fixed by the court for the
final hearing upon the report, and notice thereof given by publication
in a newspaper of general circulation in the county or counties, if one
shall be published in said counties, and by posting a written or printed
notice on the door of the courthouse and at five conspicuous places
throughout the district, such publication to be made for at least two
weeks before the final hearing. During this time a copy of the report
shall be on file in the office of the clerk of the county circuit court, and
shall be open to the inspection of any landowner or other person in-
terested within the district.

.5. Adjudication; final report-——At the date set for hearing, any
landowner may appear in person or by counsel and file his objection in
writing to the report of the viewers; and it shall be the duty of the court
to carefully review the report of the viewers and the objections filed
thereto, and make such changes as are necessary to render substantial
and equal justice to all the landowners in the district. If, in the opinion
of the court, the cost of construction, together with the amount of dam-
ages assessed, 18 not greater than the benefits that will accrue to the
land affected, the court shall confirm the report of the viewers. If, how-
ever, the court finds that the cost of construction, together with the
damages assessed, is greater than the resulting benefit that will accrue to
the lands affected, the court shall dismiss the proceedings at the cost of
the petitioners, and the sureties upon the bond so filed by them shall be
liable for such costs. The court may from time to time collect from the
petitioners such amounts as may be necessary to pay costs accruing,
other than the costs of the engineer and his assistants, such amounts to
be repaid from the special tax hereby authorized.

Either party shall have a right of appeal from the judgment of the
court, as provided by chapter one hundred and seventy of the Code of
Virginia of eighteen hundred and eighty-seven and the acts amendatory
thereof.

16. Drainage record.—The clerk of the county circuit court shall
provide a suitable book, to be known as the drainage record, in which he
shall record every petition, motion, order, report, judgment or findings
of the court in every drainage transaction that may come before it, in
such a manner as to make a complete and continuous record of the case.
Copies of all the maps and profiles are to be furnished by the engineer
and marked by the clerk “official copies,” which shall be kept on file by
him in his office, and one other copy shall be pasted or otherwise at-
tached to his record book.

17. Board of drainage commissioners; organization.—After the said
drainage district shall have been declared established, as aforesaid, and
the survey and plans therefor approved, the court shall appoint three
persons, who shall be disinterested, as “the board of drainage commis-
sioners.” Any vacancy thereafter occurring shall be filled in like man-
ner. Such three drainage commissioners, when so appointed, shall be
immediately created a body corporate, under the name and style of “the
board of drainage commissioners of ——-—— district,” with the right
to hold property and convey the same, to sue and be sued, and shall
possess such other powers as usually pertain to corporations. They shall
organize by electing from among their number a chairman and a vice-
chairman. They shall also elect a secretary, either within or without
their body. The treasurer of the county in which the proceeding was
instituted shall he ex-officio treasurer of such drainage commissioners.
Such hoard of drainage commissioners shall adopt a seal, which they
may alter at pleasure.

The board of drainage commissioners shall have and possess such
powers as are herein granted. The name of such drainage district.
whether designated by number or otherwise, shall constitute a part of
its corporate name—for illustration, “The hoard of drainage commis-
sioners of (number one, or Pleasant Grove) district.”

18. Superintendent of construction.—The board of drainage com-
missioners shall appoint a competent person as superintendent of con-
struction. Such person shall furnish a bond, to be approved by the
commissioners, in the penal sum of ten thousand dollars, conditioned
upon the honest and faithful performance of his duties, such bond to be
in favor of the board of drainage commissioners.

19. Notice of letting contract ; bond.—The board of drainage com-
missioners shall cause notice to he given for two consecutive weeks in
some newspaper published in the county wherein such improvement is
located, if such there be, and such additional publication elsewhere as
they may deem expedient, of the time and place of letting the work of
construction of said Improvement, and in such notice they shall specify
the approximate amount of work to be done and the time fixed for the
completion thereof; and on the date appointed for the letting they. to-
gether with the superintendent of construction, shall convene ‘and let to
the lowest responsible bidder, cither as a whole or in section, as they may
deem the most advantageous for the districts, the proposed work. No
bid shall be entertained that exceeds the estimated cost, unless by good
and satisfactory reasons it shall be shown that the original estimate was
erroneous. They shall have the right to reject all bids and advertise
again the work, if, j in their judgment, the interests of the district will be
subserved by doing so. The successful bidder shall be required to enter
into a contract with the board of drainage commissioners and to execute
a bond for the faithful performance of such contract, with sufficient sure-
ties, in favor of the board of drainage commissioners, for the use and
benefit of the levee, or drainage district, in an amount equal to twenty-
five per centum of the estimated cost of the work awarded to him.

20. Monthly estimates.—The superintendent in charge of construc-
tion shall make monthly estimates of the amount of work done and fur-
nish one copy to the contractor and file the other with the secretary of
the board of drainage commissioners; and the commissioners shall,
within five days after the filing of such estimate, meet and direct the
secretary to draw a warrant in favor of such contractor for ninety per
centum of the work done, according to the specifications and contract:
and upon presentation of such warrant, properly signed by the chairman
and secretary, to the treasurer of the drainage fund he shall pay the
amount due thereon. When the work is fully completed and accepted
by the superintendent, he shall make an estimate for the whole amount
due, including the amounts withheld on the previous monthly estimates,
which shall be paid from the drainage fund, as before provided.

21. Failure of contractor; reletting—If any contractor to whom a
portion of said work shall have been let, shall fail to perform the same
according to the terms specified in his contract, action may be had in be-
half of the board of drainage commissioners against such contractor and
his bond in the county circuit court for damages sustained by the levee
or drainage district, and recovery made against such contractor and his
sureties. In such an event the work will be advertised and relet in the
same manner as the original letting.

22. Right of contractor.—In the construction of the work the con-
tractor shall have the right to enter upon the lands necessary for this
purpose, and the right to remove private or public highway bridges or
fences, and to cross private lands in going to or from work. In case the
right of way of the improvement is through timber, the owner thereof
shall have the right to remove it, if he so desires, before the work of con-
struction begins, and in case it is not removed by the landowner, the
contractor shall have the right to remove same so far as it may be neces-
sary for the purpose of said construction.

23. Highways affected—Where any public ditch, drains, or water
course established under the provisions of this act crosses a public high-
way, the actual cost of constructing the same across the highway or re-
moving old bridges or building new ones shall be paid for from the
fund of the drainage district. Wherever any highway within the levee
or drainage district shall be beneficially affected by the construction of
any improvements in such district, it shall be the duty of the viewers ap-
pointed to classify the land, to give in their report the amount of benefit
to such highway, and notice shall be given by the clerk of the county
circuit court to the clerk of the board of county supervisors in the county
where the road is located of the amount of such assessment, and the
county supervisors or road board shall have the right to appear before
the court and file its objection, the same as any landowner.

24. Railroad ; damage; benefit—Whenever the engineer and the view-
ers in charge shall make a survey for the purpose of locating a public
levee or drainage district, or changing a natural water course, and the
same would cross the right of way of the railroad company, it sahll be
the duty of the viewers in charge of the work to promptly notify the
railroad company by serving written notice, accompanied by plans and
profiles, upon the agent of such company or its lessee or receiver, that
they will meet the company at the place where the proposed ditch, drain
or water course crosses the right of way of such company, or at such other
place as may be agreed upon by the respective parties; said meeting shall
not be less than ten days after the service of notice fixing the time of the
same, for the purpose of conferring with said railroad company with
relation to the place where and the manner in which such improvement
shall cross such right of way. When the time shall arrive fixed for such
conference, unless for good cause more time is agreed upon, it shall be
the duty of the viewers in charge and the railroad company to agree, if
possible, upon the place where and the manner and method in which
such improvement shall cross such right of way. If, however, the view-
ers in charge and the railroad company cannot agree, the whole matter
shall be referred to the State corporation commission as arbitrators.
The fact that the railroad company is required by the construction of the
improvement to build a new bridge or culvert, or to enlarge or strengthen
an old one, shall be considered as damages to the said railroad company
to the extent of the actual cost thereof, as provided in section twenty-
three. The engineers and viewers shall also assess the benefits that will
accrue to the right of way of said company by affording better drainage
or a better outlet for drainage, as provided in section twenty-three in the
case of highways; but no benefits shall be assessed because of the increase
in business that may come to said road because of the construction of
the improvement. The benefits shall be assessed as provided in section
eleven, and it shall be reported by the viewers as an assessment, due
personally from the railroad company; and unless the same is paid when
due by the company as an assessment, it may be collected in the manner
of an ordinary debt in any court having jurisdiction; but the board of
drainage commissioners of each district shall have the right to enter into
contracts with any such railroad company looking to a further assessment
by virtue of the benefits received under this act.

25. Notice to railroad.—The clerk of the county circuit court shall
have notice served upon the railroad company of the time and place of
the meeting to hear and determine the final report of the engineer and
viewers, and the said railroad company shall have the right to file objec-
tions to said report and to appeal from the findings of the board of com-
missioners in the same manner as any landowner, as provided in the pre-
ceding sections of this act.

26. Manner of crossing right of way; cost.—After the contract is let
and the actual construction is commenced, if the work is being done with
a floating dredge, the superintendent in charge of construction shall
notify the railroad company of the probable time at which the contractor
will be ready to enter upon the right of way of said road and construct
the work thereon. It shall be the duty of said railroad to send a repre-
sentative to view the ground with the superintendent of construction, and
arrange the exact time at which such work can be most conveniently
done. The work shall be so planned and conducted as to interfere in the
least possible manner with the business of said railroad; and shall be
conducted under the supervision and direction of the representative of
the railroad company. However, all work necessary in the roadbed of
the railroad company, including all temporary and permanent work, shall
be promptly done by the railroad company and paid for from the fund
of the drainage district in the same manner as provided in section twenty-
three, covering public highway.

27. Control and repairs; penalty for injury to construction. When-
ever any improvement constructed under this act is completed, it shall
be under the control and supervision of the board of drainage commis-
sioners. It shall be the duty of the said board to keep the levee, ditch,
drain or water course in good repair, and for this purpose they mav levy
an assessment on the lands benefited by the construction of such im-
provement in the same manner and in the same proportion as the orii-
nal assessments were made, and the fund that is collected shall be used
for repairing and maintaining the ditch, drain or water course in perfect
order: provided, however, that if any repairs are made necessary by the
act or negligence of the owner of any land through which such improve-
ment is constructed, or by the act or negligence of his agents or em-
ployees, or the same is caused by the cattle, hogs or other stock of said
owner, employee or agent, then the cost thereof shall be assessed and
levied against the lands of said owner alone, to be collected by propr suit
instituted by the drainage commissioners.

It shall be unlawful for any person to injure or damage or obstruct,
or build any bridge, roadway, fence or floodgate in such a way as to injure
or damage any levee, ditch, drain or watercourse constructed or improved
under the provisions of this act, and any person causing such injury
shall be guilty of a misdemeanor, and upon conviction thereof may be
fined any sum not exceeding twice the damage or injury done or caused.

28. Outlet for lateral drains.—The owner of any land that has been
assessed for the cost of construction of any ditch, drain or water course
as herein provided shall have the right to use the ditch, drain or water
course as an outlet for lateral drains from said land; and if said land is
separated from the ditch, drain or water course by the land of another or
others, and the owner thereof shall be unable to agree with said other or
others as to the terms and conditions on which he may enter their lands
and construct said drain or ditch, he may file his ancillary petition to the
court in such pending proceeding, and the procedure shall be as now pro-
vided by Jaw. When the ditch is constructed it shall become a part of
the drainage system and shall be under the control of the board of drain-
age commissioners and kept in repair by them as herein provided.

29. Assessment tax roll.—After the classification of the land and the
ratio of assessment of the different classes to be made thereon has been
confirmed by the court, the drainage commissioners shall prepare an
assessment roll or drainage tax duplicate, giving a description of all the
land in said drainage district, the name of the owner, so far as can be
ascertained from the public records, and the amount of assessment
against each of the several tracts of land.

In preparing this assessment roll the board shall ascertain the total
cost of the improvement, including the damages awarded and paid to the
owners of land, and all incidental expenses, and deduct therefrom any
assessment made against any railroad or highway, and the remainder
shall be the amount to be borne and paid by the lands benefited. This
amount shall be assessed against the said tracts of land according to the
benefits received, as shown by the classification and ratio of assessment
made by the viewers and confirmed by the court. . .

This drainage tax roll shall be made in duplicate, signed by the chair-
man and secretary, and one copy filed with the drainage record and the
other delivered to the county treasurer to be collected as other taxes are
collected. Upon delivery of the drainage tax roll to the county treas-
urer, he shall have authority to collect the said assessments, and the same
shall have the force and effect of a judgment, as in the case of State and
county taxes. |

30. Time of payment.—If the total cost of the work is less than an
average of twenty-five cents per acre on all the land in the district, the
assessment made against the several tracts shall be collected in one install-
ment by the same officer and in the same manner as State and county
taxes are collected, and payable at the same time. In case the total as-
sessment exceeds the average of twenty-five cents per acre on all the lands
in the district, the said board of drainage commissioners may give notice
of three weeks, by publication in some newspaper of general circulation
in the district, if one shall be published in such district, and also by
posting a written or printed notice at the door of the courthouse, and at
five conspicuous places within the drainage district, that they propose to
issue bonds for the construction of said improvement, giving the amount
of bonds to be issued, the rate of interest they are to bear and the time
when payable. Any landowner having lands assessed in the district and
not wanting to pay interest on the bonds may, within thirty days after
the publication of said notice, pay the county treasurer the full amount
of his assessment and have his land released therefrom.

31. Defense; waiver.—Each and every person owning land in the dis-
trict which is assessed for the construction of an improvement, who shall
neglect or fail to pay the full amount of his assessment to the county
treasurer within the time specified shall be deemed as consenting to the
issuing of said drainage bonds, and in consideration of the right to pay
his assessment installments he hereby waives his right to any defense
against the collection of said assessment because of any irregularity,
illegality or defect in the proceeds prior to this time, except in the
ease of an appeal, as heretofore provided which is not affected by this
waiver. The term “person” as used in this act includes any firm, com-
pany or corporation.

32. Bond issue.—At the expiration of the thirty days after the pub-
lication of the notice of the proposed issue of bonds, the board of drainage
commissioners mav issue bonds for the full amount of the assessment not
paid into the county treasury, together with the interest thereon. costs of
collection or other incidental expenses. These bonds shall bear not
more than six per centum interest per annum, payable annually, and
shall be paid in ten equal annual installments. The first installment of
the principal shall mature at the expiration of three years from the date
of issue, and one installment of each succeeding year for nine additional
years. The commissioners may sell these bonds at not less than par and
devote the proceeds to the payment of the work as it progresses. In no
case shall bonds be issued until the tax levy has been made to meet them
as they come due. The bonds issued shall be for the exclusive use of the
levee or drainage district specified on their face, and shall be numbered
by the board of drainage commissioners and recorded in the drainage
record, which record shall set out specifically the lands embraced in the
district on which the tax has not been paid in full, and which land is
assessed for the payment of the bonds issued and the interest thereon.

This assessment shall constitute the first and paramount lien, second
only to State and county taxes, and all recorded and docketed existing
liens upon the lands assessed for the payment of said bonds and the
interest thereon as they become due, and shall be collected in the sams
manner by the same officer as the State and county taxes are collected.
The official bonds of the tax collector and county treasurer shall be liable
for the faithful performance of the duties herein assigned them. Such
bonds may be increased by the court.
33. Fees and expenses.—Any engineer employed under the provisions
of this act shall receive such compensation per diem for his services as
shall be fixed and determined by the court. The viewers, other than the
engineers, shall receive three dollars per day; the rodmen, axmen, chain-
men and other laborers shall receive two dollars per day each. All other
fees and costs incurred under the provisions of this act shall be the same
as provided by law for like services in other cases. Said costs and ex-
penses shall be paid by the order of the court out of the drainage fund
provided for that purpose, and the board of drainage commissioners shal}
issue warrants therefor when funds shall be in the hands of the treasurer.

34. Defects in proceedings.—The provisions of this act shall be lib-
erally construed to promote the leveeing, ditching, draining and reclama-
tion of wet and overflowed lands. The collection of the assessment shall
not be defeated, where the proper notices have been given, by reason of any
defect in the proceedings occurring prior to the order of the court con-
firming the fina] report of the viewers; but such order or orders shall be
conclusive and final that all prior proceedings were regular and according
to law, unless they were appealed from. If, on appeal, the court shall
deem it just and proper to release any person or to modify his assess-
ment or liability, it shall in no manner affect the rights and liabilities of
any person other than the appellant, and the failure to appeal from the
order of the court within thirty days shall be a waiver of any illegality
in the proceedings and the remedies provided for in this act shall exclude
all other remedies.

35. Proceedings under this act may be ex parte or adversary.—Any
engineer, viewer, superintendent of construction or other person ap-
pointed under this act may be removed by the court upon petition, for
corruption, negligence of duties or other good and satisfactory cause
shown.

36. All laws in conflict with this act are hereby repealed.

37. There being a necessity for the immediate drainage of ccitain
lands in this State, an emergency is declared to exist, and this act shall
be in force from its passage.