Chap. 203.—An ACT to provide for the drainage of low lands in the county
of Princess Anne. [H B 390]
Approved March 15, 1922.

1. Be it enacted by the general assembly of Virginia, That when-
ever one or more owners of lands situated in the county of Princess
Anne, shall desire to drain the same through the lands of another
or others, or whenever one or more owners of lands situated in the
said county through which the lands of another person or persons
are drained may desire to lay out and establish a drain ditch, the
circuit court for the said county shall, on the petition of said owner
or owners, appoint three commissioners, who shall view the prem-
ises, and if they deem it proper, lay out ditches for that purpose;
provided, that notice be given to all land owners that may be affected

y such petition ten days prior to the session of said circuit court,
and the party giving the notice filing evidence of the same with the
circuit court. .

2. The commissioners may take with them a competent surveyor ;
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 portion 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
commissioners shall act, but a majority may decide any matter.

3. 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
iable to contribute to the cost of making the same and to the damages
awarded and expenses of the proceedings. The commissioners shall
fetermine who .will be benefited, and shall apportion the 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
it 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 so
that the public ought to make and maintain the bridge over 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.

7. The commissioners making any return that shall be confirmed
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 treasurer 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
shalt annually thereafter, in the same manner, call a meeting for
the same purpose on the last Saturday in March. At all meeetings
those liable to contribute who may be present shall be entitled to
vote in the proportion 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. ,

8. 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 application to the court
in the same manner and by the same proceedings 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 expen-
ditures, 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 received by the treasurer in payment of the tax. In super-
intending 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 aforesaid,
and shall have the same powers herein as 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 assessment 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 per centum on the amount received as compen-
sation.

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 jhis 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 contri-
bute 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 managers, 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 landowners 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 commissioner,
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 attorney conducting the proceed-
ings, 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. An emergency existing, this act shall be in force from its

passage.