CHAP. 85.—An ACT to amend and re-enact chapter 301 of acts of the
general assembly of 1889-1890, entitled an act to provide for the drain-
age of low lands in Northampton and Accomac counties. [S B 65]

Approved September 9, 1919.

1.. Be it enacted by the general assembly of Virginia, That
whenever one or more owners of lands shall desire to drain the
same through the lands of another or others, or whenever one
or more owners of lands through which the lands of another
person or persons are drained may desire to lay out and estab-
lish a drain ditch, the circuit court for the county in which said
lands are located shall, on the petition of said owner or owners,
appoint three commissioners, who shall view the premises, and
if they deem it proper, lay out ditches for that purpose; pro-
vided, that notice be given to all land owners that may be af-
fected by such petition ten days prior to the session of said cir-
cuit court, and the party giving the notice filing evidence of the
same with the circuit court.

2. The commissioner may take with them a competent sur-
veyor; shall specify the courses, distances and sizes of every
ditch they lay out; the estimated cost of making the same; the
damages, if any, and to whom payable, and the proportion which
each person benefited shall pay. They shall make return in
writing, with a plat showing by general delineations, without
survey, the boundary lines of such lands and of each taxable por-
tion thereof, or of any land benefited, and the estimated number
of acres. The commissioners and surveyors shall be sworn to
the faithful and impartial discharge of duty. All the commis-
sioners -shall act, but a majority may decide any matter.

8. The commissioners shall award to any person, who will
be injured by making any such ditch, damages to the amount
of such injury, and the same shall be paid or tendered before
cutting the said ditch.

4. All persons who will be benefited by such a ditch shall
be liable to contribute to the cost of making the same and to the
damages awarded and expenses of the proceedings. The com-
missioners shall determine who will be benefited, and shall ap-
portion thé same upon them according to such benefit.

5. The court may, before confirmation of the return, grant
orders of review, on application of any party interested; and, if
it appears at any time, before confirmation of the return of the
commissioners, that one or more parties liable to contribute
have not received the notice named in section one, the court shall
enter an order directing that notice be served on the said parties,
and return the report to the commissioners for a fuller report.

6. If any public road crossed by such ditch will be benefited
sc that the public ought to make and maintain the bridge over
132 ACTS OF ASSEMBLY. [VA.

the same, the commissioners shall so state in their return, and
such bridge shall then be made and kept up at the expense of
the county.. Should any turnpike, toll-road, and so forth, be so
crossed by such ditch, the provisions of this section shall apply
to it, except that the ditch shall be made and kept up by those
running or operating said road.
- % The commissioners making any return that shall be con-
firmed shall, within one month after such confirmation, convene
the persons liable to contribute to any such ditch embraced
therein, for the purpose of choosing two managers and a treas-
urer of the ditch, to serve for one year and until others are
chosen. Notice of the time and place of this meeting shall be
posted in two or more public places of the neighborhood ten days
before the meeting. The managers shall annually thereafter,
in the same manner, call a meeting for the same purpose on the
last Saturday in March. At all meetings those liable to contri-
bute who may be present shall be entitled to vote in the propor-
tion as each is liable to contribute—that is to say, each taxable
shall be entitled to one vote for every dollar of tax paid by him.
The return, as confirmed by the court, shall remain in
force for ten years thereafter as the basis of any subsequent
assessment that may be made by the managers for completing,
cleansing: or repairing the ditch, or other necessary purpose.
After ten years a new assessment may be had by making appli-
cation to the court in the same manner and by the same proceed-
ings as On an original petition.

9. The managers chosen as aforesaid shall proceed to make
and open ditches according to the return as aforesaid, or to
cleanse and repair the same as may be necessary, and shall have
all needful powers for that purpose. They shall keep regular
accounts of all expenditures, and render the same to the yearly
meeting of the taxables. All payments shall be made by orders
‘drawn by them on the treasurer. Any person assessed for a
tax may discharge the same by work done by the direction of
the manager, and the certificate of the managers shall be re-
ceived by the treasurer in payment of the tax. In superintend-
ing the cutting of the ditch only one manager shall be on duty
at the same time.

10. The treasurer shall collect all sums assessed as afore-
said, and shall have the same powers herein as a collector of
other taxes; provided, that no property belonging to any taxable
shall be sold for the payment of the assessment until notice has
been given to such taxable and the said property duly advertised
in some newspaper in the county and at two or more public
places in the neighborhood of the ditch for ten days prior to
the sale. He shall give bond to the taxables, with security to
be approved by the managers, in double the amount of the as-
sessment which he may be authorized to receive, conditioned for
the faithful performance of his duty, and for the payment to
his successor of any money that may be due him. He shall
settle with the taxables at their annual meeting, and shall be
entitled to retain five percentum on the amount received as com-
pensation. a

11. Any person taxed for a ditch which does not pass
through his lands may, at his own expense, open and keep open
cross-ditches into the same; provided, that such cross-ditches
shall not be cut through the land of any other person without
his consent, unless it shall be laid out and the damages assessed
by the commissioners appointed to lay out the main ditch, or
other three commissioners, to be appointed by the court for that
purpose. The person applying for such cross-ditch shall pay all
costs of making and opening the same, and shall also, before
making it, pay or tender all damages awarded. But any person
benefited by such cross-ditch shall contribute and pay so much of
the said damages, costs and expenses as the commissioners shall
determine to.be his fair proportion thereof.

12. Ditches so opened shall remain open for the benefit of
those liable to contribute. therefor.

13. If any person shall intentionally stop up or obstruct
any ditch cut under this law he shall forfeit and pay to the man-
agers, for the use of the ditch, not less than five nor more than
fifty dollars. |

14. This chapter shall apply to all ditches, blind or open,
laid out, or to be laid out, by order of the circuit court, whether
for the benefit of the land-owners of the public highways, for
completing, extending, enlarging, or cleaning thereof; but it
shall not be to alter any special law for ditching or draining the
public roads..

15. If any commissioners appointed under this act shall
die, refuse or be unable to act, any judge of the circuit court,
either in term or vacation, may appoint another in his place.

16. The fees under this chapter shall be: To each commis-
sioner, two dollars and fifty cents per day; to the managers, each
two dollars and fifty cents for each day actually employed in
the discharge of their duties; to the surveyor, such reasonable
sum as may be agreed upon by the commissioners; to the attor-
rey conducting the proceedings, fifty dollars; and all other costs
not herein provided for shall be regulated by existing laws for
fees for similar services. :

17. The commissioners under this chapter may adopt, in
whole or as a part of the ditch to be located and laid out under
this law, any natural stream, any ditch or ditches already made,
cut, or laid out. _

18. All acts or parts of acts inconsistent with this act are
hereby repealed.
19. This act shall apply only to the counties of Northamp-
ton and Accomac. : .
20. This act shall be in force from its passage.

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