Chap. 12.—An ACT to provide for the drainage of low lands in the county of
Norfolk. [S B 35]

Approved February 13, 1924.

1. Be it enacted by the general assembly of Virginia, That when-
ever one or more owners of lands situated in the county of Norfolk,
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 premises, 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 by such petition ten days prior to the
session of said circuit court, and the party giving the notice filing evi-
dence of the same with the circuit court.

2. The commissioners may take with them acompetent 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 de-
lineations, 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 in-
jured 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 commissioners shall determine
who will be benefited, and shall apportion the same upon them accord-
ing 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 com-
missioners 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 pro-
visions 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, toserve 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 neighbor-
hood ten days before the meeting. The managers shall annually there-
after, in the same manner, call a meeting for the same purpose on the
last Saturday in March. At all meetings 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 re-
pair 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 pay-
ments 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 superintending 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 a collector of other taxes; pro-
vided, 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 performances 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 compensation.

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 bene-
fited 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 Jaw 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 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 vaca-
tion, 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 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. An emergency existing, this act shall be in force from its
passage.