Chap. 332.—An ACT to amend and reenact an act entitled an act to amend
and re-enact an act entitled an act to promote the public health, conveni-
ence, 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 secur-
ing better drainage, or providing better outlets for drainage, for building
levees or embankments, and installing tide gates or pumping plants for
the reclamation of overflowed lands, and prescribing a method for so
doing, and providing for the assessment and collection of the cost and
expenses of the same, and issuing and selling bonds therefor, and for
the care and maintenance of such improvements when constructed,
approved March 17, 1910, and as amended and re-enacted and approved

March 12, 1912. (S. B. 91.)
. Approved March 27, 1914.

1. Be it enacted by the general assembly of Virginia, That
an act entitled an act to promote the public 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 embankments, and installing tide
gates or pumping plants for the reclamation of overflowed lands,
and prescribing a method for so doing, and providing for the as-
sessment and collection of the cost and expense of same, and issuing
and selling bonds therefor, and for the care and maintenance of
such improvements when constructed, approved March seventeenth,
nineteen hundred and ten, and as amended and re-enacted and
approved on March twelfth, nineteen hundred and twelve, be
amended and re-enacted so as to read as follows:

1-a. The circuit courts of the several counties in the State of
Virginia shall have jurisdiction, 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 constructed, 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 drainage 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 welfare.

2. Petitions; bonds; board of viewers——Whenever a petition
signed by a majority of the resident land owners in a proposed
drainage district, or by the owners of three-fifths of all the land
which will be affected by or assessed for the expense of the pro-
posed 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, or in need of drainage and the public
benefit or utlity, 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 starting point, route and
terminus and lateral branches, if necessary, of the proposed im-
provement; and there is filed therewith a bond in such amount as
the clerk of the circuit court of said county may approve, signed
by two or more sureties or by some lawful and authorized surety
company, to be also approved by the said clerk, and conditioned for
the payment of all costs and expenses incurred 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
land owners including any railroad company who have not joined
in the petition and whose lands are included in the proposed drain-
age district. Said summons shall be returnable to the first day of
a regular term of the circuit court of said county, during which
term, or some succeeding term, the said court shall appoint two
resident freeholders of the county or counties in which said lands
are located and a disinterested and competent drainage engineer as
a board of viewers to examine the lands described in the petition,
and make a preliminary report thereon. Vacancies occurring in
the board of viewers shall be filled by the court, or by the judge
thereof in vacation as soon as possible after their occurrence. The
compensation for the services of such engineer and his necessary
assistants, and of the other members of the board of viewers, 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 subse-
quently provided for by the sale of bonds or otherwise, or out of the
bond given by the petitioners in case the district is not established.

The board of supervisors of the county in which the petition
has been filed, or such board or persons in said county having charge
of and jurisdiction over same, shall, at its first meeting after the
appointment of such drainage engineer, make provision for the
compensation to be paid to him and his necessary assistants, and to
the other members of the board of viewers; and within thirty days
after the approval and certification by the judge of the circuit court
of said county of any account of said engineer and his necessary
assistants, and of the other members of the board of viewers, the
accounts to be approved and certified as the work progresses, shall
take such action as will insure the issuing of a county warrant for
the amount so approved and certified.

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 juris-
diction herein conferred, and the venue shall be in that county in
which the petition is first filed.

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

If, at the time of the filing of the petition, or at any time sub-
sequent thereto, it shall be made to appear to the court by affidavit
or otherwise that the owner or owners of the whole or any share
of any tract or tracts of land whose names are unknown, and can-
not, after due diligence, be ascertained by the petitioners, the court
shall order a notice in the nature of a summons to be given to all
such persons by a publication of the petition, or of the substance
thereof, and describing generally the tract or tracts of land as to
which the owner or owners are unknown, with the order of the
court thereon, in some newspaper published in the county wherein
the land is located, or in some other county, if no newspaper shall
be published in the first named county, which newspaper or news-
papers shall be designated in the order of the court, and a copy
of such publication shall also be posted in at least three conspicu-
ous places within the boundaries of the proposed district, and at
the courthouse door of the county. Such publication in a news:
paper and by posting shall be made once a week for four successive
weeks. After the time of publication shall have expired, if no
person claiming and asserting title to the tract or tracts of land
and entitled to notice shall appear, the court, in its discretion, may
appoint some disinterested person to represent the unknown owner
or owners of said lands, and thereupon the court shall assume
jurisdiction of the said tract or tracts of land, and shall adjudicate
as to the said lands to the same extent as if the true owners were
present and represented, and shall proceed against the land itself.
Tf at any time during the pendency of the drainage proceeding the
true owner or owners of the lands shall appear in person, they may
be made parties defendant of their own motion and without the
necessity of personal service, and shall thereafter be considered as
parties to the proceeding, but they shall have no right to except to
or appeal from any order or judgment theretofore rendered as to
which the time for filing exceptions or notice shall have expired.

These proceedings shall not be stayed because of infancy or
insanity; but the court in which the petition was filed, or the judge
thereof in vacation, shall appoint some discreet and competent at-
torney-at-law as guardian ad litem to any infant or insane person
who may own or be interested in any of the land affected by these
proceedings, whether such infants or insane persons have been
served with process or not; or, if no such attorney be found willing
to act, the court, or the judge thereof in vacation, shall appoint
some other discreet and proper person as guardian ad litem but
the person so appointed shall not be liable to costs. Every guardian
ad litem shall faithfully represent the interest or estate of the
infant or insane person for whom he is appointed, and it shall be
the duty of the court to see that the estate of such defendant is so
represented and protected. And the court, or the judge thereof
in vacation, whenever of opinion that the interest of any infant or
insane person requires it, shall remove any guardian ad litem and
appoint another in his stead.

2-a. Recordation of petition; and orders.—A copy of the said
petition, duly certified by the clerk of the court in which the same
was originally filed, shall be recorded in the deed book in the clerk’s
office of each county in which any of the lands affected thereby are
located and duly indexed in the names of all the parties, the costs
of, such recordation to be taxed as a part of the costs of said pro-
ceedings. Any orders in the proceedings whereby other persons are
made parties, shall be recorded and indexed in like manner. And
this section shall apply also to proceedings now pending in which
petitions have already been filed.

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 cir-
cuit court within sixty days, unless, either before or after the ex-
piration of the said sixty davs, the time shall be extended by the
court, or the judge thereof in vacation, a written report, which
shall set forth:

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

(b) Whether it will benefit the public health or any public
highway or be conducive to the general welfare of the community:

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

(d) Whether or not all the lands that are benefited are included
in the proposed drainage district; and naming the owners thereof
and the approximate acreage of each which they estimate will be
effected.

They shall also file with this report a map of the proposed
drainage district, showing the location of the ditch or ditches or
other improvement to be constructed and the lands that will be
affected thereby, and such other information as they may have col-
lected that will tend to show the 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 board
of viewers report that the drainage is not practicable or that it
will not benefit the public health or any public highway or be con-
clucive to the general welfare of the community, and the court shall
approve such finding, the petition shall be dismissed at the cost
of the petitioners. Such petition or proceedings may again be in-
stituted by the same or additional land owners at any time after
six months upon proper allegations that conditions have changed
or that material facts were omitted or overlooked.

If the board of viewers report that the drainage is practicable
and that it will benefit the public health or any public highway,
or be conducive to the general welfare of the community, the court
shall entertain their report, and shall fix a day, either at the same
or some succeeding term, when the report will be heard and con-
sidered.

5. Notice.—After 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 published in such counties, and also by posting a writ-
ten or printed notice at the door of the courthouse, and at five von-
spicuous places within the drainage district, that on the date set,
naming the day, the court will consider and pass upon the report
of the board of viewers. At least fifteen days shall intervene be-
tween 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 hearing, or upon any date to which the same may be continued.
in its discretion, the court shall hear and determine any objection
that may be offered to the report of the board of viewers. If it
appear that there is any land within 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 with-
drawn 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 land owners shall be made parties plaintiff or defendant,
respectively, and summons shall be issued accordingly, as herein-
before provided. And, upon petition of any party so summoned,
filed within ten days after such summons has been served upon him,
the court shall hear and decide any objection made by said peti-
tioner as to the establishment of the district or the inclusion of the
petitioner’s land in the same. After such change in the boundary
are made, the sufficiency of the petition shall be verified to de-
termine whether or not it conforms to the requirements of the
statute as provided in section two. Any person, whose lands are
affected, may, at this stage of the proceedings, sign the petition
so as to render same sufficient.

The efficiency of the drainage or levee shall also be determined.
and if it appears that the location of any levee or drain can be
changed so as to make it more effective, or that other branches or
spurs should be constructed, 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 board of viewers shall attend this
hearing, and give any information or evidence that may be sought
to verify and substantiate their report. If necessary, the petition
as amended shall be referred by the court to the board of viewers
for further report.

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

If any lands shall be excluded from said district because of the
court having found that such lands will not be affected or bene-
fited, and the names of the owners of such lands have been with-
drawn from such proceedings, but such lands are so situated as
necessarily to be located within the outer boundaries of said dis-
trict, such fact shall not prevent the establishment of the district,
and said lands shall not be assessed for any drainage tax, but this
shall not prevent the district from acquiring a right of way across
such lands for constructing a canal or ditch or for any other neces-
sary purpose authorized by law.

7. May condemn land.—If it shall be necessary to acquire a
right of way or an outlet over and through any lands 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 pur-
chase at a price deemed reasonable by the court upon report to it
by the board of viewers thereupon, then in such event the power of
eminent domain is hereby conferred, and the same may be con-
demned. Such owner or owners of the land or dam proposed to be
condemned may be made parties defendant, and the procedure 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.

7-a. 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 in-
cluded 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 eighty-seven, and the acts amendatory
thereof; provided, however, that such appeal shall be perfected
within ninety days from the date of the order finally establishing
the drainage district, after which time no appeal shall be allowed.

8. Complete survey.—After the district is preliminarily estab-
lished the court shall refer the report of the board of viewers back
to them to make a complete survey, plans and specifications for the
drainage or levees, and fix a timie when said board of viewers shall
complete and file their report, not exceeding six months; provided,
however, that such time may be extended by the court for good
cause shown, either before or after the expiration of said time.

9. Complete repcrt.—The board of viewers shall have power to
employ such assistants as may be necessary to make a complete
survey of the drainage district, and shall enter upon the ground and
make a survey of the main drain, or drains, and all its laterals, as
approved by the court. The line of each ditch, drain or levee shall
be plainly and substantially marked on the ground, if necessary.
The course and distance of each ditch shall be carefully noted and
sufficient notes made so that it may be accurately platted and
mapped. A line of levels shall be run for the entire work, and
sufficient data secured from which accurate profiles and plans may be
made. Frequent bench-marks shall be established along the line,
or permanent objects and their elevation recorded in the field books.
Tf it is deemed expedient by the board of viewers, other levels may
be run to determine the fall from one part of the district to another.
If 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 yards saved by the
use of such old channel. A drainage map of the district shall then
be completed, showing the location of the ditch or ditches, and
other improvements, and the acreage as closely as may be determined
by the records, or, if necessary (the necessity therefor to be de-
termined by the court or the judge thereof in vacation), by the
survey of the drainage engineer, of the lands owned by each indi-
vidual land owner or corporation within the district. The location
of any railroads or public highways and the boundary of any in-
corporated towns or villages within the district shall be 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 frac-
tion thereof, and the total yards in the proposed improvement and
the estimated cost thereof, the cost of any other work required to
be done, including the cost of the rights of way for the levees,
drains and ditches of the district, and the report shall state the
estimated cost thereof and what rights of way are required to be
purchased or condemned, and the said board of viewers is directed
to obtain the consent in writing of such land owners as will permit
the said levees, ditches and drains to be dug through their lands
without charge on their part for the land so to be taken and occu-
pied; and before the board of drainage commissioners hereinafter
mentioned shall advertise for bids under the provisions of this act
they shall proceed to condemn such lands as shall have been so
reported by said board of viewers and approved by the court as
necessary to be condemned; such condemnation proceedings to be
in accordance with section seven of this act. Provided, however,
that in any case where surveys have been made by or under the
direction of any engineer, surveyor, corporation, town, city, county,
State or of the United States government of lands, in any part or
parcel of land included within any proposed drainage district,
authority is hereby given to the court in which the proceedings in-
volving such land are being condemned to adopt such survey or
surveys and such information concerning the same as can be oh-
tained from the said engineer, surveyor, corporation, town, city,
county, State or United States government, and to dispense with
any other survey work which in its judgment, can be omitted with-
out prejudice to the rights of any party whose lands are affected.

10. Assessment of damages.—It shall be the further duty of the
board of viewers to assess the damages claimed by any one that are
justly right and due to them for land taken or for inconvenience
imposed because of the construction of the improvement or for
any other legal damages sustained. Such damage shall be con-
sidered separate and apart from any benefit the land would receive
because of the proposed work.

11. Classification of land according to benefits.—It shall be the
further duty of the board of 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 receive 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 re-
ceiving 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 e”. The
holdings of any one land owner need not necessarily be all in one
class, but the number of acres in each class shall be ascertained
approximately, 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, approximately. The total number of acres of each
class in the entire district shall be obtained, approximately, and
presented in tabulated form. The scale of assessment upon the
several classes of land returned by the board of 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 assessed against the land in class a, four
mills per acre shall be assessed 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 purposes.

12. Cost of the survey.—The board of 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 mate-
rials that may have been used in making the survey.

13. Delay; extension of time.—lIn case the work is delayed by
high water, sickness or any other cause, and the report is not com-
pleted at the time fixed by the court, the board of viewers shall
appear before the court, or the judge thereof in vacation, either

_ before or after the expiration of said time, 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; the action of the
court or judge in such a case to be conclusive evidence as to the
sufficiency of the grounds for such postponement or extension. _

14. Final report; notice of hearing—When the final report is
completed and filed, it shall be examined by the court, and if itis
found to be in due form and in accordance with the law, it shall
be entertained, and if not in due form, it may be referred back
to the board of viewers, with instruction to secure further informs
tion, to be reported at a subsequent date to be fixed by the court

If it appears from said final report that there is any land within
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 propos
district that will be affected by the construction of the proposed
levee or drain, the boundary of the district shall be so changed #
to include such land, and such additional landowners shall be made
parties plaintiff or defendant, and summons shall issue agains!
them, they to have at least ten days’ notice.

When the final report is fully completed and has been entertained
by the court, a date shall be fixed by the court for the final hearN
upon the report, and notice thereof given by publication in ® nl
paper of general circulation in the county or counties, if one shi
be published in said counties, and by posting a written or printed
notice on the door of the courthouse, and at five conspicuous place
throughout the district, such publication to be made for a a
two weeks before the final hearing. During this time a °PY fr
the report shall be on file in the office of the clerk of the cu
circuit court, in which the petition was ‘filed and shall be Mf
to the inspection of any landowner or other person interested ™!
the district. ing

15. Adjudication; final report.—At the date set for hear
any landowner may appear in person or by counsel and file el
jection in writing to the report of the board of viewers; and atl
be the duty of the court to carefully review the report of cg nges
of viewers and the objections filed thereto, and make such he

as are necessary to render substantial and equal justice 1° 4
landowners in the district. If, in the opinion of the CO al,

cost of construction, together with the amount of damages
is not greater than the benefits that will accrue to the lands af-
fected, the court shall confirm the said final report of the board of
viewers, and shall declare the said drainage district to be finally
established, and shall approve the survey and plans therefor; but
nothing in this act shall be construed as depriving the court of the
power of reopening the proceedings in any case after the approval
of the final report and before the letting of the contract in accord-
ance with section nineteen of this act, in order to make changes in
the plans as may be necessary to an economical or cheaper comple-
tion or the work, provided such re-opening is upon ten days’
uotice to all parties, and the power to reopen the proceedings in
such a manner is expressly given to the court. If, however, 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 principals and sureties upon the
bond so filed by them shall be liable for such costs; also for the
expenses incurred by reason of the filing of the petition, including
the compensation paid to the engineer, his assistants, and the other
members of the board of viewers.

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. Such appeal shall be based and heard
only upon the exceptions theretofore filed by the complaining party,
either as to issue of law or fact, and no additional exceptions shall
be considered by the court upon the hearing of the appeal; pro-
vided, however, that such appeal shall be perfected within ninety
days from the entry of the order confirming the final report of the
board of viewers. The court may from time to time direct the
petitioners to pay into court, or as the court may direct, such
amounts as may be necessary to pay costs and expenses hitherto
accrued, such amounts to be repaid from the drainage fund by
order of court when, and if the bonds of the district are sold, or
the drainage fund otherwise provided and such order of the court,
when entered, shall have the force and effect of a judgment, and
shall be docketed in the judgment docket of the court of the county
in which the lands are situated by the clerk thereof if not paid
within thirty days from the entry of the order ten days’ notice,
however, to be given by the said clerk to each person affected
therebv of such order of the court.

15-a. Assessment of lands benefited, not heretofore included.—
If, at any time after the appointment of the board of drainage
commissioners of any drainage district, it shall be found that the
lands of any person or persons are benefited by the drainage, such
lands not having been assessed theretofore on account of said drain-
age district, the facts shall be reported to the court by the said
board, and, after not less than ten days’ notice to such person or
persons, the court shall hear and determine whether any, and if
any, what monetary benefit has been received by such person or
persons by reason of the drainage, and the amount so ascertained
by the court, if any, shall be collected as if the same had been as-
sessed in the original assessments of the said drainage district.

16. Drainage record.—The clerk of the circuit court in which
the petition is filed 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 attached
to his record book.

17. Board of drainage commissioners; organization.—A fter
the said drainage district shall have been declared finally estab-
lished, as aforesaid, and the survey and plans therefor approved,
the court shall appoint three persons, who shall be designated as
“the board of drainage commissioners.” Any vacancy thereafter
occurring shall be filled in like manner by the court or by the judge
thereof in vacation as soon as possible after its occurrence. Such
three drainage commissioners, when so appointed, shall immedi-
ately be and constitute a body corporate, under the name and style
of “the board of drainage commissioners of ................. dis-
trict, number ..............0065 C0) county,”
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 select
a secretary, either within or without their body. The treasurer of
any county in which any of the lands affected are located, shall be
ex-officio treasurer for his county of such board of drainage com-
missioners. Such board 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 consti-
tute a part of its corporate name—for illustration, “the board of
drainage commissioners of ................0055 district, number
ee eee Of vinsawsaaissewsasens County”

18. Superintendent of construction—The board of drainage
commissioners shall appoint a competent person as superintendent
of construction. Such person shall furnish a bond to be approved
by the board of drainage commissioners in the penal sum of ten
thousand dollars, conditioned upon the honest and faithful per-
formance 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
commissioners shall cause notice to be given daily for two consecu-
tive weeks in some newspaper published in the county wherein such
improvement or a part thereof 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 im-
provement, 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, together
with the superintendent of construction, shall convene and let to
the lowest responsible bidder, either as a whole or in section, as
they may deem the most advantageous for the districts, the pro-
posed work. No bid shall be entertained that exceeds the estimated
cost, and they shall have the right to once reject all bids and adver-
tise again the work, if, in their judgment, the interests of the
district wil! be subserved by so doing, but if, upon the second bid-
ding, all the bids exceed the estimated cost the bids shall be reported
to the court by the board of drainage commissioners, and the court.
thereupon after giving notice to all parties, affected in a manner
similar to that required before the hearing of the final report, as
set out in section fourteen of this act, shall hear and decide anew
the question of finally establishing the district, taking as the basis
of cost the lowest responsible bid as reported to it by the board of
drainage commissioners, and the proceeding thereupon shall be as
set forth in section fifteen of this act, and if the court anew decides
that the benefits will exceed the costs it shall direct the board of
drainage commissioners to accept the lowest responsible bid, other-
wise the petition shall be dismissed at the cost of the petitioners.
A 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 sureties in
favor of the board of drainage commissioners, for the use and
benefit of the levee, or drainage district, in an amount equal to
ewgneallve per centum of the estimated cost of the work awarded
te him.

In canvassing bids and letting the contract, the superintendent
ef construction shall act only in an advisory capacity to the board
of drainage commissioners. The contract shall be based on the
plans and specifications submitted by the board of viewers in their
final report as confirmed by the court, the original of which shall
remain on file in the office of the clerk of the circuit court of the
county in which the petition for the drainage district was filed and
shall be open to the inspection of all prospective bidders. All bids
shall be sealed and shall not be opened except under the authority
of the board of drainage commissioners, and on the day theretofore
appointed for opening the bids. The board of drainage commis-
sioners shall have power to correct errors and modify the details
of the report of the board of viewers, if in their judgment they
can increase the efficiency of the drainage plan and afford better
drainage to the lands in the district without increasing the esti-
mated cost submitted by the board of viewers, and confirmed by
the court.

20. Monthly estimates.——The superintendent in charge of con-
struction shall make monthly estimates of the amount of work
done, and furnish one copy to the contractor and file the other with
the secretary of the board of drainage commissioners and the board
of drainage 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 amounts withheld on the previous monthly esti-
mates, which shall be paid from the drainage fund, as before pro-
vided.

21. Failure of contractor; reletting—If any contractor to
whom the work or 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 behalf of the board of drainage com-
missioners against such contractor and his bond in the county
circuit court for damages sustained by the levee or drainage dis-
trict, and recovery made against such contractor and his sureties.
In such an event the work will be advertised and relet in the same
rnanner as the original letting.

22. Right of contractor.—In the construction of the work the
contractor shall have the right to enter upon the lands necessary
for this purpose, and the right to remove private or public high-
way 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 construction 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 necessary for the purpose of said
construction.

23. Highways affected—Where any public ditch, drains, or
water courses established under the provisions of this act crosses a
public highway, the actual cost of constructing the same across the
highway, or removing 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 board of viewers appointed to classify
the land, to give in their report the amount of benefit to such high-
way and notice shall be given by the clerk of the circuit court of
the county in which the petition was filed 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 land owner.

When it shall become necessary for the board of drainage com-
missioners to repair any bridge or construct a new bridge across a
highway by reason of enlarging any water course, or of excavating
any canal intersecting such highway, the cost thereof shall be paid
out of the drainage fund, but the said bridge shall thereafter be

_ maintained by and at the expense of the board of supervisors of
such county, or by such other official board or authority as by law
shall be required to maintain such highway so intersected.

24. Railroad; damage; benefit—Whenever the board of viewers
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 a railroad company it shall be the
duty of the board of viewers to promptly notify the railroad com-
pany by serving written notice, accompanied by plans and pro-
files, upon the agent of such company or its lessee or receiver, that
they will meet the company’s representative 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 pur-
pose of conferring with said railroad company with relation to the

_ place where and the manner in which such improvements 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 board of viewers 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 board of viewers and the railroad company cannot
agree, the whéle matter shall be reported to the court by the board
of viewers, and by the court referred to the State corporation com-
mission as arbiters. The fact that the railroad company is re-
quired 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 board of viewers shall also assess the benefits that will accrue
to the right of way of said company by affording better drainage
or a better cutlet for drainage, as provided in section twenty-three
in the case of highways; but no benefits shall be assessed because

of the increase of 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 board
of viewers as an assessment, due personally from the railroad com-
pany; 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 com-
missioners of each district shall have the right to enter into con-
tracts with any such railroad company looking to a further assess-
ment 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 hearing of the final report of the board of 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 court
in the same manner as any land owner, as provided in the preceding
sections of this act.

26. Manner of crossing right of way; cost—After the contract
is let and the actual construction is commenced, 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 representative 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 representa-
tive of the railroad company.

However, all work necessary in the roadbed of the railroad com-
pany, including all temporary and permanent work, shall be
promtly 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 highways.

27. Control and repairs; penalty for injury to construction.—
Whenever any improvement constructed under this act is completed,
it shall be under the control and supervision of the board of drain-
age commissioners. 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 may levy an assessment on the lands benefited by the
construction of such improvements in the same manner and in the
same proportion as the original 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, how-
ever, that if any repairs are made necessary by the act or negli-
gence of the owner of any land through which such improvement
js constructed, or by the act or negligence of his tenants, agents or
employees, 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 proper suit instituted by the board of drainage com-
missioners.
It shall be unlawful for any person to injure or damage or
obstruct or build any bridge, roadway, fence or flood gate in such
a way as to injure or damage any levee, ditch, drain or water
course constructed or improved under the provisions of this act,
and any person causing such injury shall be guilty of a misde-
meanor, 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 con-
ditions on which he may enter their lands and construct said drain
or ditch, he mav file his ancillary. petition to the court in such
pending proceeding, and the procedure shall be as now provided
by law. When the ditch is constructed it shall become a part of
the drainage system, and shall be under the control of the board
of drainage commissioners and kept in repair by them as provided
in this act.

29. Assessment tax roll and amount to be assessed.—After the
contract for the work of construction of the improvement has been
let, the board of drainage commissioners shall ascertain the total
cost of the improvement, including damages awarded to be paid
to owners of land, all costs of incidental expenses, and including
a reasonable attorney’s fee to counsel for petitioners for conducting
the proceedings on behalf of the petitioners, the amount of such
fee to be fixed by the court, and also including an amount sufficient
to pay the necessary expenses of maintaining the improvement for
a period of three years after the completion of the work of con-
struction, after deducting therefrom any special assessments made
against any railroad or highway, and thereupon the board of drain-
age commissioners, under the hand of the chairman and secretary
of the board, shall certify to the clerk of the circuit court the said
total cost. ascertained as aforesaid: and the said certificate shall be
forthwith recorded in the drainage record and open to inspection
of any land owner in the district.

The board of drainage commissioners shall immediately pre-
pare, in duplicate, the assessment rolls. or drainage tax lists, giving
thereon the names. of the owners of land in the district, so far as
can be ascertained from the public records, or if necessary,: from
the survey made by the drainage engineer, a brief description of
the several tracts of land assessed, and the amount of the assess-
ment against each tract of land. The first of these assessment rolls
shall provide assessments sufficient for the payment of interest on
the bond issue to accrue the third year after their issue and the
mstalment of principal to fall due at the expiration of the third
year alter the date of issue, together with such amounts as shall
have to be paid for collection and handling of the same. The
second assessment roll shall make like provision for the fourth year;
the third for the fifth year; the fourth for the sixth year; the fifth
for the seventh year; the sixth for the eighth year; the seventh for
the ninth year; the eighth for the tenth year; the ninth for the
eleventh year; the tenth for the twelfth year. Each of said assess-
‘ment rolls shall specify the time when collectible, and be numbered
in their order, and the amounts assessed against the several tracts
of land shall be in accordance with the benefits received, as shown
by the classification of ratio of assessments made by the board of
viewers. These assessment rolls shall be signed by the chairman
of the board of drainage commissioners and by the secretary of the
board. One copy of each of the said assessment rolls shall be filed
with the drainage record and one copy shall be delivered to the
county treasurer, or treasurers of the county or counties in which
the lands are located, after the clerk of the circuit court in which
the petition was filed has appended thereto an order directing the
collection of said assessments, and the said clerk is hereby author-
ized and directed to make and append said order, and the said
assessments shall thereupon have the force and affect of a judgment
as in the case of State and county taxes. These assessments shall
constitute a 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 interest thereon
as they become due, and shall be collected in the same manner by
the same officers as the State and county taxes are collected. The
said assessments shall be due and payable on the first Monday in
September in each year, and if the same shall not be paid in full
by the thirty-first day of December following, it shall be the duty
of the county treasurer or treasurers of the county or counties in
which said lands are located to sell the land or lands so delinquent.
The sale of lands for failure to pay such assessments shall be made
at the courthouse door of the county in which the lands are situated,
between the hours of ten o’clock in the forenoon and four o’clock in
the afternoon of the first Monday in February of each year; and
if for any necessary cause the sale cannot be made on that date, the
sale may be continued from day to day for not exceeding four days,
or the lands may be re-advertised and sold on the first Monday in
March succeeding, during the same hours, without any further
order therefor. In all other respects, except as to time of sale of
lands, the existing law as to the collection of State and county
taxes shall have application to the collection of drainage assess-
ments under this act. It shall be the duty of the treasurer of the
county in which the land is located and without any previous order
from the board of drainage commissioners, out of the amount re-
ceived by him as aforesaid, to provide and pay the instalments of
interest at the time and place as evidenced by the coupons attached
{ cna

ra

to said bonds, and also to pay the annual instalments of the prin-
cipal due on said bonds at the time and place as evidenced by the
said bonds; namely, so far as they affect and are liens, by virtue
: of this act, upon the lands in his county, and any county treasurer
‘ shall be guilty of a misdemeanor and subject upon conviction to a
fine and imprisonment, in the discretion of the court, if he shall
wilfully fail to make prompt payments of the said interest and
principal upon said bonds, and shall likewise be liable in a civil
action for all damages which may accrue either to the board of
drainage commissioners or the holder of said bonds, to either or
both of which a right of action is hereby given.

30. Time of payment.—The board of drainage commissioners
shall give notice by publication once a week for three successive
weeks in some newspaper published in the county in which the dis-
trict, or some part thereof, is situated, if there be any such news-
paper, and also by posting a written or printed notice at the door
of the courthouse and at five conspicuous places in the district,
reciting that they propose to issue bonds for the total cost of the
improvement, giving the amount of bonds to be issued, the rate of
interest that they are to bear, and the time when payable. Any
land owner in the district not wanting to pay interest on the bonds
may, within fifteen days after the publication of said notice, pay
to the treasurer of the county in which his land is located the full
amount for which his land is liable, to be ascertained from the
classification sheet and the certificate of the board of drainage
commissioners showing the total cost of the improvement, and have
his lands released from liability to be assessed for the said im-
provement; but such land shall continue liable for any future assess-
ment for maintenance or for any increased assessment authorized
under this act.

31. Defense; waiver.—Each and every person owning land in
the district who shall neglect or fail to pay to the treasurer of the
county in which his land is located the full amount for which his
land is liable, as aforesaid, within the time above specified, shall
be deemed as consenting to the issuance of said drainage bonds,
and in consideration of the right to pay his proportion in instal-
ments he thereby waives his right of defense to the payment of any.
assessments which may be levied for the payment of the said bonds,
-ecause of any irregularity, illegality, or defect in the proceedings
prior to such time, except in case of an appeal, as hereinbefore pro-
vided, which is not affected by this waiver. The term “person” as
used in this act includes any firm, company, or corporation.

32. Bond issue—At the expiration of fifteen days after publi-
cation of notice of bond issue, the board of drainage commissioners
may issue bonds of the drainage district for an amount equal to
the total cost of the improvement, including all costs as allowed
under the terms of this act, less such amounts as shall have been
paid in cash to the county treasurer, or treasurers plus an amount
sufficient to pay interest on the bond issue for the three years next
following the date of issue. These bonds shall bear not more than
six percentum interest per annum, payable annually, and shall be
paid in ten equal instalments. The first instalment of principal
shall mature at the expiration of three years from the date of issue,
and one instalment for each succeeding year for nine additional
years. The board of drainage commissioners may sell these bonds
at such price as may be approved by the court and devote the pro-
ceeds to the payment of the work as it progresses and to the pay-
ment of the interest on said bonds for the three years next follow-
ing the date of issue, and to the payment of the other expenses of
the district provided for in this act, including a reasonable attor-
ney’s fee to counsel for conducting the proceedings, the amount of
such fee to be fixed by the court. The proceeds from such bonds
shall be for the exclusive use of the levee or drainage district speci-
fied on their face, and the bonds 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, which land is to be
assessed as hereinafter provided. If any instalment of principal
or interest represented by the said bond shall not be paid at. the
time in the manner when the same shall become due and payable,
and such default shall continue for a period of six months, the
holder or holders of such bond or bonds upon which default has
been made may have a right of action against said drainage district
or the board of drainage commissioners of said district, wherein
the court may issue a writ of mandamus against the said drainage
district, its officers, including the county treasurer, or treasurers di-
recting the levying of a tax or special assessment as herein pro-
vided, and the collection of same, in such sum as may be necessary
to meet any unpaid instalment of principal and interest and cost
of action; and such other remedies are hereby vested in the holder
or holders of such bond or bonds in default as may he authorized
by law; and the right of action is hereby vested in the holder or
holders of such bond or bonds upon which default has been made.
authorizing them to institute suit against any officer on his official
bond for failure to perform any duty imposed by the provisions
of this act. The official bond of any county treasurer shall be liable
for faithful performance of the duties herein assigned him. Such
official bonds may be increased by the board of supervisors of any
county or the board or party having such authority.

The bonds and coupons issued under and by authority of this
and other sections of this act shall be exempt from all county or
municipal taxation or assessment, direct or indirect, general or
special, whether imposed for purposes of general revenue or other-
wise, and the interest thereon shall not be subject to taxation as for
income, nor shall said bonds and coupons be subject for taxation
when constituting a part of the surplus of any bank, trust company,
or other corporation, but when constituting a part of such surplus
shall be deducted from the total assets in order to ascertain the
taxable value of such shares.

832-a. Fees allowed county treasurer.—The fees allowed any
county treasurer for collecting and disbursing the drainage tax as
prescribed in the sections of this act shall be three percentum of
the amount collected; provided no fee shall be allowed any county,
treasurer for collecting or receiving the revenue obtained from the
sale of the bonds provided for in the sections of this act, nor for
disbursing the revenue raised for paying off the said bonds; pro-
vided further, that in those counties where the treasurer is on a sal-
ary basis, no fees whatever shall be allowed for collecting or dis-
bursing the funds of the drainage district.

82-b. Re-levy.— Where the court has confirmed an assessment
for the construction of any public levee, ditch or drain, and such
assessment has ‘been modified by the court to which an appeal had
been taken, but for some unforeseen cause it cannot be collected,
the board of drainage commissioners shall have power to change or
modify the assessment as originally confirmed to conform to the
judgment of the higher court, and to cover any deficit that may
have been caused by the order of said court or unforeseen occur-
rence. The said re-levy shall be made for the additional sum
required in the same ratio on the lands benefited as the original
assessment was made. ,

If any person, or any number of persons, claiming to have title
to any tract or tracts of land subject to assessment or drainage tax,
shall fail to pay any annual assessment levied against such lands,
and a county treasurer shall be compelled to sell such lands under
the law for the purpose of making such collection, the net proceeds
of such sale shall be held by him and disbursed for the purpose of
paying the current assessment and future annual assessments so
far as the said proceeds may be sufficient. When the fund in the
custody of any county treasurer shall be exhausted in the payment
of annual assessments against such lands, or there shall not be a
sufficient sum to pay the next annual assessment, such treasurer
shall immediately give written notice to that effect to the chair-
man of the board of drainage commissioners of the district, and
also to the clerk of the circuit court of the county for which he is
treasurer whereupon the board of drainage commissioners shall
institute an investigation of said tract or tracts of land to deter-
mine its market value, and if they shall find that its market value
is not equal to all the future annual assessments to cover its share
of instalments of principal and interest on the outstanding bonds,
they shall proceed, with the approval of the court in which the
petition was filed, to make new assessment rolls on all the remain-
ing lands in the district and increase the sum in sufficient sums to
equal the deficit thereby created, and such new assessment rolls
shall constitute the future assessment rolls until changed accord-
ing to law, and shall be certified to the proper county treasurer or
treasurers as herein provided in lieu of the former assessment rolls.
However, the said tract or tracts of land which have been so sold
by any county treasurer shall continue on the assessment roll in the
name of the new owner, but reassessed upon the new basis, and the
drainage tax collected at the same time and in the same manner
as other lands as long as said lands may have sufficient market value
out of which to collect the annual drainage tax, and when such
lands shall fail to have such value, or shall be abandoned by the
person claiming title thereto, the board of drainage commissioners
may omit the same from the assessment roll with the approval of
the court; but the said lands may in the same manner at any time
in the future be restored to the assessment rolls. If the funds in
the hands of any county treasurer at any time, arising under this
section or in any other manner, shall be greater than is necessary
to pay the annual instalments of principal and interest, or the annual
cost of maintenance of the drainage works, or both, such surplus
shall be held by said county treasurer for future disbursement for
other purposes as herein provided or subject to the order of the
board of drainage commissioners. If there shall be any impair-
ment or destruction of the drainage works by any unforeseen cause
or occurrence not anticipated during the period of construction by
the contractor, the said contractor shall nevertheless repair and
complete the said works according to the contract and specifications,
and shall be liable therefor and also his sureties on his bond; but ,
if said contractor shall make default, and if there shall be a failure |
to collect all resulting damages from such contractor and _ the
sureties upon his bond, and it shall thereby be necessary to raise a
greater sum of money to complete the drainage works in accordance
with the plans, or for any other unavoidable cause, it shall be neces-
sary to raise a greater sum to complete such drainage works, the
board of drainage commissioners, having first obtained the approval
of the court, shall prepare new assessment rolls upon all the lands
in the district upon the original basis of classification of benefits.
and increase the same in sufficient sums to equal the deficit thereby
created, and the same shall constitute the new assessment rolls until
changed according to law, and shall be certified to the county treas-
urer or treasurers as herein provided. If for any of the causes
hereinbefore recited in this section, or for any other cause, a sum
of money greater than the proceeds of sale of the drainage bonds
shall become necessary to complete said drainage system, and the
board of drainage commissioners shall determine that the amount
to be raised is greater than can be realized from the collection of
one annual assessment upon the lands in the district without im-
posing an undue burden upon said lands, or if it is advisable or
necessary to raise the money more expeditiously, then and under
such conditions additional bonds may be issued in such aggregate
sum as may be necessary. The proceedings for the issue of such
additional bonds shall be substantially as follows: The board of
drainage commissioners shall file their petition with the court, in
which the petition was originally filed setting forth all the facts
which require the expenditure of more money and the issue of ad-
ditional bonds to coniplete the drainage system, which shall be ac-
companied by the recommendation of the drainage engineer, who
was one of the original board of viewers, or some other expert
drainage engineer selected by the board of drainage commissioners ;
whereupon the court shall issue a notice to all the owners of land
within the district, reciting the substance of the petition and direct-
ing each to appear before the court on a day certain, at least twenty
days’ notice to be given to all parties and to show cause, if any
they have, why the additional bonds should not be authorized,
which notice shall be served personally on each such land owner by
leaving a copy, and, if the same cannot be personally served, then
it shall be served in the manner authorized by law. Any land
owner may file an answer denying any material allegation in the
petition or setting forth any valid objection to same before the
return day thereof. Upon the day when said notice is returnable,
or on such day as to which the same may have been continued, the
court shall proceed to hear the petition and answers. If the court
shall find that the allegations of the petition are true and that the
issue of additional bonds is advisable or necessary, the court shall
make an appropriate order authorizing and directing the issue of
such additional bonds, fixing the amount of such issue, the date of
same, the time when the interest and principal shall be payable,
and all other matters necessary and appropriate in the premises.
Any land owner may appeal from the order of the court, as pro-
vided by chapter one hundred and seventy, of the Code of Virginia
of eighteen hundred and eighty-seven, and the acts amendatory
thereof, and on such appeal only the issues raised in the answer
shall be considered.

After the court shall have ordered the additional issue of bonds,
the further procedure as to the assessment rolls, the levying and
collecting of the drainage taxes, the disbursement of the revenue
therefrom for the payment of said bonds and interest thereon, and
all further procedure shall be the same as required by the preceding
sections of this act, and amendments thereto, for the establishment
of drainage districts. The additional bonds issued shall not exceed
twenty-five percentum of the total amount originally issued. The
additional issue of bonds shall bear not more than six percentum
interest per annum, and are to be sold at such price as may be
opproved py the court, and may be made payable in ten annual
instalments, or lesser number of annual instalments as nearly equal
as may be, as recommended by the board of drainage commissioners
and approved by the court.

33. Fees and expenses.—Any engineer employed under the pro-
visions 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 engineer, shall receive five dollars per day each; the
transitmen, not to exceed five dollars per day each; the rodmen not
to exceed two dollars per day each; and the axmen, chainmen and
other laborers not to exceed one dollar and a half per day each.
The members of the board of drainage commissioners shall receive,
irom time to time, such compensation as the court shall determine
to be reasonable for the time expended and services performed by
them. 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, or as fixed by the court if not provided by law. Said costs
and expenses shall be paid by the order of the court out of the
drainage fund provided for that purpose, and the board of drainage
commissioners shall issue warrants therefor when funds shall be
in the hands of the treasurer, or treasurers.

34. Defects in proceedings.—The provisions of this act shall
be liberally construed to promote the leveeing, ditching, draining
and reclamation 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 confirming the final report of the
board of 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
assessment or liability, it shall in no manner affect the rights and
liabilities of any person other than the appellant, and the failure
to perfect an appeal within ninety days from the order of the court
finally establishing the district 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 per-
son appointed under this act may be removed by the court upon
petition, for corruption, neglect of duties or other good and satis-
factory cause shown.

36. All laws in conflict with this act are hereby repealed; pro-
vided, that proceedings now pending by virtue of any statute now
or heretofore in force in this State in any county shall be continued
in accordance with such statute or in accordance with the provi-
sions of this act.

37. This act shall apply to all drainage proceedings which may
be pending at the date of its approval, and to all drainage districts
heretofore established for which the bonds of said district have not
been issued at the date of its approval, so far as the same may be
applicable.

This act shall apply to parts or stages of drainage proceedings
which have been instituted but not completed prior to the approval
of this act, including duties imposed upon the board of drainage
commissioners, the court, the county treasurer or treasurers and
others after the confirmation of the final report of the board of
viewers; provided, the same are not inconsistent with the preceding
acts, decrees and orders in any pending proceeding; and provided
further, that no vested right heretofore acquired shall be impaired.
Subject to foregoing provisions of this section, a necessity having
arisen by virtue of certain petitions having already been filed for
the establishment of drainage districts, an emergency is declared to
exist, and this act shall be in force from its passage.