Newspaper Page Text
THE BIRMINGHAM AGE HERALD_ VOLUME XXXXV i ~ ■ BIRMINGHAM, ALABAMA. MONDAY, JUNK 21. 1915 NTMRKK 4f> OFFICIAL TEXT OF THE LAWS OF ALABAMA PASSED! BY LEGISLATURE AT THE EARLY SESSION OF 1915 Age-Herald Presents Additional Statutes, Including All That Have Been Approved Up to Present Time-Only Newspaper in Alabama Publishing in Full for Its Readers Laws as Certified by Secretary of State No. 167) AN ACT. <H. IS6 To provide for the drainage of fat m. wet. swamp and overflow lands in the state of Alabama, to authorize the or ganization of drainage districts, to confer the right of eminent domain to the extent necessary to carry out the purposes of this act. and to provide for raising the revenue by bond issues or otherwise, to pay the costs and ex penses of installing and maintaining drainage systems, so as to promote the public health and general welfare. Be it enacted by the legislature of Ala bama: Section 1. That the court of probate of any county of the state of Alabama shall have Jurisdiction, power and au thority to establish a levee or drainage district or districts in its county and to locate and establish levees, drains, or canals, and cause to be constructed, straightened, widened, or deepened, aijy ditch, drain, or watercourse, and to build levees or embankments and erect tide gates, flood gates, and pumping plants for the purpose of draining and re claiming wet, swamp, or overflowed lands, and It is hereby declared that the drainage of surface water from agricul tural lands and the reclamation of w'et lands, swamp lands, overflowed lands, and tidal marshes shall be considered a public benefit and conducive to the public health, convenience, utility, and welfare. Hoc. 2. Whenever a petition praying for the organization of a drainage district, signed by a majority of the landowners in a proposed district, or by the owners of more than half the land in acreage which will be affected by or assessed for the expense of the proposed im provements, shall be filed with the court of probate 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, or counties and adjoining counties, described in such a way as to convey an intelligent idea as to location of such land, is subject to overflow or too wet for cultivation, and the public benefit or utility, or the public health, convenience or wel fare will be promoted by drainage, ditching or leveeing the same, or by changing or improving the natural wa tercourses, or by the installation of lie systems, and there is filed with said pe tition, or at any time subsequent there to and prior to the time of hearing on said petition, a bond with security ap proved by the court, sufficient to pay all expenses connected with the proceed ings in case the court refuses to or ganize the district, or said petition is accompanied by articles of association signed by all the petitioners, said ar ticles stating that the parties whose names are subscribed thereto are own ers of or control and represent real es tate within said proposed district and that they are willing to and da hereby obligate themselves to pay such assessments within thiity days as may be made by the court ol probate against their respective lands ir payment of all expenses Incurred as iht work progresses before a permaneni organization is effected, or in payment of all preliminary expenses in case the court does not grant the prayer ol said petitioners, it shall be the duty of the court of probate to Issue a sum mons to be served upon all the de fendant landowners who have not joinec in the petition and whose lands are in cluded in the proposed district. As sessments made by the court to pro vide fundB for the payjnent of prelim inary expenses shall be made in such proportion as the lands of each signer bear to the total acreage of all tin signers of the articles of association and such assessments shall constitute a lien, to which only the lien of the state for general state, county, city, village school and road taxes shall be para mount upon all lands and other prop erty against which such assessments shall be made. In case a parmanenl organization is effected, all moneys ad vanced In payment of preliminary ex penses shall become a charge againsi the permanent organization and shal be refunded out of the funds raised bj the first assessment as subsequent!] provided for herein. Upon the returr day said court of probate shall appoin a disinterested and experienced civi and drainage engineer to examine ih« lands described in the petition am make a preliminary report thereon. Tin rate of compensation for the service! of such engineer and his necessary as Bistants shall be determined by th< court and be paid from the funds raisec by assessment of the signers of lh< articles of association or from the bond Sec. 1 If at the time of the filing o: the petition, or at any time subsequen thereto, it shall be made to appear t< the court by affidavit or otherwise tha the owner or owners of the whole or an] ■hare of any tract or tracts of lane whose names are unknown, and canno after due diligence be ascertained by tin petitioners, the court shall order a no lice in the nature of a summons to b< given to all such persons by a publica tion of the petition, or of the substano thereof, and describing generally the trac or tracts of land as to which the owne or owners are unknown, with the orde Of the court thereon, in some newspape published in the county wherein the lam is located, or in some other county if m newspaper shall be published in the first named county, which newspaper or news papers shall be designated in the orde of the court, and a copy of such publica tion shall also be posted in at least fiv conspicuous places within the boundarie •/ the proposed district, and at the court house door of the county. Such publica k tion in a newspaper and by posting shal be made for a period of three weeks. Afte the time of publication shall have expiree If no person claiming and asserting titl to the tract or tracta of land and entitle to notice shall appear, tho court in it discretion may appoint some dlsintereste ' person to represent the unknown owne or owners of said lands, and thereupo the court shall assume jurisdiction of th said tract or tracts of land and sha adjudicate as to the said lands to th game extent as If the true owners wer present and represented, and shall procee against the land itself. If at any tim during the pendency of the drainage pre ceeding the true oWner or owners of th lands shall appear in person, they ma be made parties defendant of their ow motion and without the necessity of per ■cnal service, and shall thereafter be con ■ldered as parties to the proceeding, bu they shall have no right to except to o appeal from any order or judgment there tofore rendered, as to which the tim for filing exceptions on notice shall hav expired. Sec. 4. In case of a district lying i more than one county the probate Judg of each of the counties having land in th district shall sit as a court in the court bouse where the original petition was file I to make the findings required by the coui of probate under this act. A majority c said judges shall be necessary to render decision. In case of a tie said matter •hall be forthwith certified to the circu: court or court of like Jurisdiction an said court shall hear and determine sal matter as an advanced case in preferenc to all other business. , 8ec. 6. Upon receipt of appointment b the court the engineers shall procee forthwith to make a survey and ascei tain the region which will he benefited by the proposed Improvement, prepare a map or maps showing the approximate loca tion ol the proposed improvements, de termine as closely as practicable the probable character, size and cost of the same, and shall file a preliminary report with the court setting forth: (1) Whether the proposed drainage is practicable or i not. (2) Whether the proposed improve I merits will benefit the land in question suf ficiently to warrant thr probable expendi ture and the approximate area so bene | fited. (3) Whether or not all of tire land [ benefited is included in the proposed dis trict. (4) Whether it will benefit the pub I lie health or any public highway or he conducive to the general welfare of the community. The report shall also include the maps showing the approximate loca tion of the proposed improvements, the approximate fall per mile of all ditch, drain or levee lines and an estimate of cost of the proposed work with such other in formation as may be necessary to make the report clear. Sec. fi. The court of probate shall con sider this report. If the engineer re ports that tire drainage is not practicable or that it will not benefit the public health or any public highway or be conducive to the general w'elfare of the community, and the court shall approve such findings, the petition shall be dismissed at the cost of the petitioners. Such petition or pro ceeding may again be instituted by tire same or additional landowners at any time six months after the dismissal of the petition upon proper allegations that conditions have changed or that ma terial facts were omitted or overlooked. If the engineer reports that the drain age is practicable and that It will benefit the public health or any public highway, or be conducive to the general welfare of the community and the court shall so find, then the said court shall fix a day when the report shall be further heard and considered. . Sec. 7. If the petition\s entertained by the aforesaid court, notice shall be given by publication as defined in this act, that on the date set, naming the day. the said court will consider and pass upon the re port of the engineer. Sec. 8. Any owner of real property In said proposed district who wishes to ob ject to the organization and incorporation of said district shall, on or before the date set for the cause to be heard, file his objection why such district should not be organized and incorporated. On the date appointed for the hearing the court of probate shall hear and determine any objections that may be offered to the re port of the engineer. If it appears that there is any land within the proposed levee or drainage district that will not be affected by the leveeing or drainage thereof such land shall be excluded and the names of the owners withdrawn from such proceedings; and if it shall be shown that there is any land not within the proposed district that will be affected by the constructing of the proposed levee or drain, the boundary of the district shall be so changed as to include such land and such additional landowners shall b€ made parties plaintiff or defendant, re spectively, and summons shall issue ac cordingly as hereinbefore provided. Aftei such change In the boundary is made, the sufficiency of the petition shall be veri fied. to determine whether or not it con forms to the requirements of the statute as provided in section 2. Any person whose land are affected, may, at this stage of the proceedings, sign the peti tion so as to render same sufficient. The efficiency of the drainage or levee may also be ueieiiiiMieu, aim if n appears iimi 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 change made that will tend to increase the benefit of the proposed work, such modifications and changes shall be mad< at the directions of the court. The engi neer may attend this meeting and giv« any information or evidence that may bi sought to verify and substantiate his re ports. If necessary the report as amend ed shall be referred by the court to th« engineer for further report. Upon tin said hearing, if It shall appear that the purposes of this act would be subserved by the creation of a drainage district, th« court shall, after disposing of all objec tions 'as justice and equity require, bj its findings, duly enter of record, adjudl | cate all questions of jurisdiction, declan the district, organized as a body' corpor , ate, giving It a corporate name, by whicl , in all proceedings it shall thereafter b« | known, with all the powers of a corpora , tion, with power to sue and be sued, tc incur debts, liabilities and obligations, tc exercise the right of eminent domain for the purposes of securing adequate out , lets and such other rights of way ns maj be necessary to carry out the Intentlom of this act, and the right of assessment ! as herein provided; to Issue bonds an< to do and perform all acts heroin ex. , pressly authorized and all acts necqs sary and proper for the carrying out o the purpose for which the district wai | created, and for executing the poweri with which it is invested. 1 Sec. 9. That the order of the court of probate establishing said district 1 shall have all the force of a judgment ; If the court finds that any propertj [ set out in the report of the engir.eei ' should not be Incorporated in the dia ’ trict. the hoard of commissioner.? oi any owner of reality In the distrlc * may within term time after the re fusal of the probate court to lnclud? said property in the district, appea from the order of the court to the cir ' cult court or court of like Jurisdictlor ? upon giving bond in a sum to be fixe? * bv the court, conditioned for the pay ' ment of costs If the appeal should b? ‘ decided against said petitioners. Anj 1 oereon or corporation owning land! r within the drainage district which h? * or it thinks will not be benefited b] 3 the improvement and should not hi 1 included in the district, may appea 3 from the decision of the court to tb< 1 circuit court or court of like Juris r diction in term time by filing an ap 1 peal accompanied by a bond approve? 3 by the court, conditione.d for the pay 1 ment of the cost if the appeal atioul* 8 be decided against him or it. for sucl 3 sum as the court may require. 1 Sec. 10. That when the court of pro 3 bate has bstabliahed ^puch district i * shall appoint three owners of rea * property within the district to act a f drainage commissioners and such per 1 sons when so appointed and their sue ’ cessors in office shall constitute an' ‘ are hereby declared to be a body po * lltlc Incorporated by the name an r style of the same selected as men ■ tioned In this act by the court of pro 8 bate. Each of these commissioner 8 shall take the oath of office as de dared by the constitution of the fctat 1 and shall also swear that he will no a directly or Indirectly be interested 1 a any contract made by the board of ccm - missloners, save and excepting so fa 1 as he may be benefited as a land t owner In common with other landown f ers for the work contracted for. An: i commissioner failing to take oatl ■ within thirty (SO) days after his ap t pointment. or failing to give bond ii 1 the sum of not less than flOOO to b i fixed by the court, ahall be deemed t a have declined to act as commissions and his place shall be filled by th Y court. The said commissioners shal 1 have a common seal for the dralnag - district. They may from time to tlm make such by-laws, rules and rcKula-i tlbns and older and change the same as they may deem proper not Incon sistent with this act and the laws of this stale, for the purpose of carrying into effect the object of their incor poration. They shall elect from their own number a president anil appoint such other officers, agents and attor neys, and employ such persons as they I may think necessary for the efficient management of their business and re move them at pleasure. The commis sioners appointed as aforesaid shall hold their offices, one for two (-> years, one for four «4i years, and one for six (6) years from the date of their appointment, and until their success ors are appointed and qualified On the expiration of their terms of office their successors shall be appointed in like manner for the term of six <6) years thereafter; and they shall hold their meetings at any time and place tn the county or counties in which any part of the district is situated upon the call of the president All va cancies on the board shall be filled by the court, but if a majority in mini - her of the owners of real property in the district shall petition for the ap pointment of particular persons as commissioners, it shall be the duty of the court to appoint the persons so designated Any commissioner, viewer or other officer of any district or ganized under this act may be re moved for cause upon a motion filed in the original court where said district was organized alter due hearing Sec. 11. If it shall be necessary to ac quire a right of way or any out'M over and through lands not affected by the drainage, and the same cannot be ac quired by purchase, then and in sucn event the power of eminent domain is hereby conferred, and such land may be condemned. Such owner or owners of the land proposed to be condemned may be parties defendant in th'' manner of an ancillary proceeding as provided in the condemnation of right of way for rail roads so far as the same may be applica ble .and such damages as may be awarded as compensation shall be paid by the board of drainage commissioners out of the flrBt funds which shall be available from the proceeds of sales of bonds or otherwise. Sec. 12. The board of drainage commis sioners of any district organized under this act. or their employes or agents, in cluding contractors and their employes, and the engineer and members of the board of viewers and their asv’sumts, may enter upon the lands within or with out the district in order to make surveys and examinations to accomplish the nec • essary preliminary purposes of the dis trict, or to have access to the work, be ing liable, however, for actual damage done, but no unnecessary damage shall be done. Any person or corporatl n pre venting such entrance shall be guilty of a misdemeanor punishable by tine not exceeding fifty (50) dollars in the dis cretion of the court. Sec. 13. The court of probate shall ap point a board of viewers consisting of three persons, one to be a competent civil and drainage engineer, and the other two members of the board to be disinter ested owners of realty in the county or counties Involved. Sec. 14. After the district is esta- dsned the court shall refer the report of the engineer back to the board of viewers to make a complete survey, plans'll id speci fications for the drainage for levees or other improvements and fix a time when said engineer and viewers shall complete and file their report with the court, not exceeding ninety (90) days, unless further extension of time Is granted by the court. Seo. 15. The board of viewers shi.ll have power to employ such assistance as may be j&ecess&ry to make a complete survey of the drainage district, and shall enter upon the ground and make a si* *vey of the main drain or drains and all it3 later als, make such survey and secur'd such other data as may be deemed essential to the preparation of a comprehensive drainage plan. The line of each ditch, drain or l^vee shall oe plainly and sub stantially marked on the ground, and , other improvements located. A drainage map of the district shall then be com pleted showing the location of the ditch or ditches and other improvements and the boundary, as closely as may be deter mined by the records of the lands rv.ned by eactfi individual landowner within the district. The location of any railroads or public highways and the boundary ol any incorporated towns or villages within the district shall be shown on the map There shall also be prepared to accom pany this map a profile of each levee drain or watercourse, showing the sur face of the ground, the bottom or grade of the proposed improvements end th« number of cubic yards of excavation oi fill in each mile or fraction thereof, and the total cubic yards in the proposed im provement and the estimated cost there of, and plans and specifications, and \h* cost of any other work required to lx done. Sec. 15. Tt shall be the further duty ol the hoard of viewers to appraise tin damages claimed by anyone that ar< Justly right and due to them for land taken or for inconvenience imposed be cause of the construction of the improve ment or for any other legal damages sus tained. Such damage shall he eor*> l^rec separate and apart from any benefit th* lands would receive because of the pro posed work, and shall he paid by th* board of drainage commissioners wnei funds shall come into their hands. Sec. 17. When the levee and drain ago ditches or other Improvement! herein provided for shall have beer located and established as provided foi in this act, the hoard of viewers shnl within twenty < 20) days after theli appointment begin to personally In spect and classify all the lands bone fited by the location and constructor of such levee or drainage ditches ir tracts of forty (40) acres or less ac cording to the legal or recognizee subdivisions in a graduated scale o benefits to be numbered according t< the benefit received by the propose improvements; and they shall make ar equitable apportionment of the costs expenses, costs of construction, feei i and damages assessed for the construe l tlon of any such improvement and i make a report thereof in writing t( the court. Tn making the said assess ment the lands receiving the great** I benefit shall he marked on a scale o 100 and those benefited in a less de • gree shall be marked with such per • oentage of 100 as the benefit receive, bears in proportion thereto. This class i ifleation when finally established shal remain as a basis for all future as s sessmentB connected with the object) t of said levee and drainage district un i Ipss the hoard of viewers for gco( ■ cause shall authorize a revision there r of. If the first assessment made by th< ■ hoard of viewers is insufficient to pa: ■ the cost of construction, additional as r sessmente may be made In the saiiu » ratio as the first and they shall mak* ■ additional assessments in like, manne » foi repairing said Improvements wlici s needed. An assessment roll, to he *n > eluded as part of the final report r shall be made out. containing a de > scrip tlon of the drainage, a descrip I tlon of each tract of land affecte< » thereby, the names of the owner) II thereof and the amounts assaseed t( each tract, and shall he filed with the court. Sec. IS. The hoard of viewers Mini! keep an accurate account and report to the court the name of each per son and the number of days employed on the survey and the kind of work said person was doina and any ex penses that may hate been incurred in trolna to and from the work and the cost of any supplies and material that may have been used In making a sur vey. Sec. 19. In case the work is delayed by high water, sickness or any other good cause, and the report is not com pleted at the time fixed in the court, the board of viewers shall appear be fore the court ami state in writing cause of such failure and ask for suf ficient time in which to complete the work, and the court shall then set an other date by which the report shall be completed and filed Sec 20. When the final report, which shall contain a copy of the assessment roll. Is completed and filed. It shall be examined by the court and If it be found to be in due form and In ac cordance with the law. It shall In ac cepted. and if not in due form it may be referred hack to the board of view ers with instructions to secure further information to he reported at a sub sequent date to he fixed by the court When the report Is fully completed and 1 accepted by the court a date not less than twenty < 20) days thereafter shall be fixed by the court for the final bearing upon the report and notice thereof shall be given by publication as herein defined. During thlH time a copy of the report shall be on file In the' office of the court and shall be open to the Inspection of any land owner or other person Interested with- j in the district. See. 21. At the date set for hearing i ny landowner may appear In person oi by counsel and tile his objection in writ ing lo the report of the board of view era. and it shall be the duty of the couri to carefully review the report of the board of viewers and the objections filed thereto, and make such changes as are necessary- to render substantial and equal lusticc to all the landowners In the district. If In the opinion of the court the cost of construction together with the amount of damages assess..! Is not greater than the benefits tool Will accrue to the land affected, the couli shall confirm the report of view ns. 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 land* affected the court shall dismiss the proceedings at tin cost of the petitioners, and the securities upon the bond, or the signers of the arthl's of association so filed by them shall he liable for such costs. The court may from time to time collect from the peti tioners such amounts as may he neces sary to pay costs accruing. Sec. 22. Any party aggrieved may within 10 days after the confirmation of the final report appeal to the circuit court, or eourt of like Jurisdiction, in term time. Such appeal shall he taken and prosecuted as now provided by law. Such appeal shall he based and bend only- upon the exceptions theretofore filed by the complaining party, either as to issue of law or fact, and no ad ditional exceptions shall be considered by the cohirt upon the hearing of the appeal. Ssc. 23 The couri pi oviuc «. suit able book known hr the drainage roc crd. In which it shall transcribe every petition, motion, order, report, judgment, or finding of the hoard in every drain age transaction that may come before it in such manner as to make a complete and continuous record of the case. Copies of all maps and profiles are to be furnished by the engineer and marked by the court 'official copies." which shall be kept on file in the off I* e of the court, and one other copy shall he pasted or otherwise attached to his record hook. Bee. 24. The board of drainage com missioners shall appoint a competent civil engineer as superintendent of con struction. Such person shall furnish a bond in amount to be fixed and approved by the commissioners, conditioned upon the honest and faithful performance of his duties, such bond to be in favor of the board of drainage commission©! s. Sec. 25. The hoard of drainage com missioners shall cause notice to be giv en for two consecutive weeks in some newspaper published In the couniy wherein such Improvements are located, if such there he, In at least one en gineering or contracting Journal having a national circulation, and such addi tional publication elsewhere as they may deem expedient, of the time ar.d place of letting the work of construction of said Improvement, and in such no tice they shall specify the approximate amount of work to he done and the time fixed for the completion thereof; and on the date appointed for the letting, they, together with tlie superintendent of construction, shall convene and let | the proposed work to the lowest resp.-n sible bidder, either as a whole or in sec tions. as they may deem most advan tageous for the district. The date of letting contracts shall be at least twen ty (20) days after the date of first pub , Hcation. exclusive of such date of pub lication. No bid shall be entertained that exceeds the estimated cost, except for good and satisfactory reasons it shall be shown that the original esi! mate was erroneous. They shall have the right to reject all bids and adver tise the work again, if in their Judg ment the interest of the district will be subserved by so doing. The success ful bidder shall be required to enter in to a contract with the board of drain age commissioners and to execute n bond for the faithful performance ol such contract, with sufficient sureties in favor of the board of drainage com missioners for the use and benefit of levee or drainage district in an amount equal to 25 per centum of the estlmat* 1 cost of the work awarded to him. lr canvassing bids and letting the contract the superintendent of construction shell 1 act only in an Advisory capacity to thfl board of drainage commissioners. Th< contract shall be based on the plam and specifications submitted by tin board of viewers in their final report as , confirmed by the court, the original ol which shall remain on file in the office of the court of probate and shall b« open to the inspection of all prospective bidders. All bids shall be sealed am i shall not be opened except un der the authority of the boari , of drainage commissioners and on .lit day therefor appointed for opening tin l bids. The drainage commissioners shal . have power with the approval of th< i court to correct errors and modify tht • details of the report of the board oi viewers if In their judgment they cai i increase the efficiency of the draina^t i plan and afford better drainage to th< ■ lands in the district without increasing i the estimated cost submitted by tin board of viewers and confirmed by th< , court. Sec. 26. The superintendent in charg of construction shall make monthly es I timates of the amount of work don i and furnish one copy to the contractoi i and file the other with the secretary of the board of drainage commission ers; and the commlasioiTers shall v\ i11 ^ in five (5> days after the filing of su* h estimate, meet ami direct the secre tary to draw a warrant In favor of such contractor for ninety (9n» pet rent of the work done according to the specifications and contract. and upon the presentation of such warrant, properly signed by the chairman and secretary, to the treasurer of the drain age fund lie shall pay the amount dno thereon. When the work is fully com pleted and accepted hy the sup* rin tendent he shall make an estimate for th'» whole amount due, including Hie amounts withheld on the previous monthly estimates which shall he paid from the drainage fund as herein pro vided. Sec. 27. If any contractor to wtom paid work shall have been let shall fail to perform the same according to the terms specified in his contract, ac tion may he had in behalf of the board of drainage commissioners against such contractor and his bond, In the court of probate for damages sustained by the levee or drainage district and recovery made against such conti.u'to** and his sureties. In such an event the wohk shall be advertised and rel»*t in the same manner ns the original let ting. Sec. 28. in the construction of th:* work the contractor shall have the right to enter upon the lands neces sary for this purpose and the right to remove private or public bridges or fences and to cross private lands in going to or from the work. In case the right of way of the improvement is through timber the owner thereof shall have the right to remove it if h»* so desires before the work of con* st ••notion begins. Sec. 29. Where any public ditch, drain or watercourse established under thej provisions of this act crosses a puhli.* ( highway the actual cost of construct ing the same across the highway or removing old bridges or building new ones or enlarging old ones shall i>e paid for from the funds of the dr.till age district. Wherever any higl way within the levee or drainage district shall he beneficially affected hy ’he construction of any improvement or Infprovements in such district it shall lx- the duty of the viewers appointed to classify the land to give In their report the amount of benefit to such highway and notice shall be given by the court of probate to the clerk of the hoard of county commissioners In the county where the road is located of thi amount of such assessment and the county commissioners shall have the right to appear before the court and file objections on behalf of the county the same as any lundov* n r. When it shall become necessary for the drainage commissioners to repal'* any bridge or construct a new bridge jacross the highway by reason of en larging any watercourse or of exca vating any canal intersecting su.h highway the said bridge shall there- | after be maintained by and at the ex ;.ense “f the board of commissi' ners of such county or by such other of ficial hoard or authority as by law shall he required to maintain such highway so intersected. r . Sue. 30. Whenever the board of view ers shall make a survey for the pur f pose of locating a public levee or ! drainage district or ' hanging a nat ural watercourse and the same would cross the right of way of any railroad company it shall he the duty or the board of viewers to promptly m Jt.v the railroad company by serving writ ten notice upon the agent of such com pany or its lessee or receiver that they will meet the company at the place where the proposed district, ditch. Irani or watercourse crosses the right of way of such company, said notice fixing tunc of mil'll meeting, which shall not be less than len < 1«> > days after the sn\l e of the same, for the purpose of '’(inter ring with said railroad company with relation to the place where and the manner In which said Improvement shall cross such right of way. « hen the time fixed for such conferenoe shall have arrived, unless for good cause more time Is ngreed upon. It shall he the duty of the hoard of viewers a.n the railroad company to agree. If pos slide, upon the place where and the manner and method In which such im provement shall cross such right ol way. If the hoard of viewers and the railroad company cannot agree, nr if the railroad company shall fall, neglect or refuse to confer with the viewers, arid viewers shall determine the plate ami manner of crossing the right of way of Haul railroad company and shall specify the number ami size of openings * <**• (lulled ami the damages. IT any, to said l a dread company, and so specify In [heir report to the court, and they shall further specify that I hey could not agree With the railroad company or that the latter failed, neglected or re fused to confer with them. The rail road company or companies shall he re quired to construct, build and maintain any new bridges or culverts, nr to e n large, strengthen, reconstruct or replace any old ones at ils or their own ex pense. In all cases where the drainage Improvements 'follow swales, bayous nalural watercourses or existing waier ways and Intersect said railroad or rail roads, and such expenses Incurred in building, constructing and maintaining such bridges, or by enlarging, strength ening. reconstructing or replacing t Id ones shall not be considered as damages to the said railroad company or com panies, but where new bridges or cul verts are required across railroad rights of way. because the drainage Improve ments do not follow swales, bayous, natural watercourses or existing water ways. the expenses of building sm h bridges and culverts shall he borne hy the drainage district. The hoard of ylewers shall also assess the benefits that will accrue to the right of way, roadbed, and other property of said company hy affording better drainage i r a bi tter outlet for drainage, but no beri , fits ahall be assessed because of the Increase In business that may come to said road due to the construction of the drainage Improvements. Such benefits shall he assessed as provided In section 17 of this act. and shall be repotted by the board of viewers as an assess ment due personally from the railroad company and unless the same Is paid when due by the company as an assess ment, It may be colleoted In the manner of an ordinary debt In any court hav ing jurisdiction. Sec. 31. The court of probate shall have notice served upon the rallrond company of the time and place of th. meeting to hear and determine the Aral report of the board of viewers, and the said railroad company shall have the right to file objections to said report - and to appeal from the findings of the hoard of viewers. In the same manner , as any landowner, but such an appual , shall not delay or defeat the construc ■ tlon of the improvement. , See. 32. After the contract Is let and i the actual construction Is oommenend, ■ he superintendent In charge of con , Etructlon shall notify the railroad com pany of the probable time at which the , contractor will be ready to enter upon the right of way of said road and con struct the work thereon. It shall be he duty of said railroad to send * rep- n resentatlve to view tin* ground with tl *• t superintendent of construction and ar- t range the exact time at which such i work can be most conveniently done, t At the time agreed upon the said rail t road company shall remove its rails, ** tics, stringers and such other obstrue- »' lii'n* as may he necessary to permit the ^ excavation of the channel across Its 1 right of way. The work shall be so * planned and conducted as to interfere f in the least possible manner with the r business of the said railroad. If the su- - perlntendent of construction and tac 1 iallroad company shall not he able to ri agree as to the exact time at which such 1 work can be done, including the time of 0 beginning and the time to he consumed ! in such work, either party may give written notice thereof to the president j1 of the railroad commission of the state, ! and thereupon the said railroad com mission shall cause an Investigation to * be made, and after hearing both parties * shall fix the time of beginning such work and the time to bo consumed In sm h work of construction, and the final ' determination of the railroad commls f sion thereon shall be binding upon the r superintendent of construction rep re sen ting the district and the raih.ad f i ompan\ and the work shall be done c in such time as may be fixed by „ tlu? said railroad commission In case r flu* railroad company refuses and n tails to remove its track or tracks si f as to permit the construction of work t tin its right of waj and the passage v of the necessary equipment of the con- t tractor, it shall be held a* delaying the • construction of the improvement and such company shall be liable to a pen- , ally of $26 per day for each da> if * delay, to he collected by the hoard of t drainage commissioners for the benefit t of the drainage district as in the case f of other penalties. Such a fine nm> be i collected'1 n any court having Jurisdb - f lion and shall Inure to the benefit I ticn. and shall inure to the benefit t of the drainage district. Within thirty t (.{h) days after the work is completed f til itemized bill for the actual c\- ’ pen.sea Incurred by the railroad com- I pony for opening its tracks shall *ne ? made and presented to the suporin- » tendont of construction of the drain age district. Such bill, however, shall i not Include the cost of putting in a i new bridge or strengthening or on- I larging an old one, except as herein « provided. The superintendent of con- I struct ion shall audit this bill aim If found correct, approve the same and file it with the secretary' of the board i of drainage commissioners, who shall reimburse the said railroad company for such expense. Sec. .13. Whenever any Improvement constructed under this act is com pleted it shall be under the control and supervision of the board of drainage commissioners. It shall be the dutv of said board to keep the levee, dltc’i, drain watercourse, or any other im provements In good repair, rtfnd for this purpose they may levy an assessment on the lands benefited by the construc tion of such improvement In the same manner and In the same properties as thi original assessments were made, and the fund that Is collected shall he used for repairing and maintaining the ditch, drain, watercourse, or other Im- 1 provements In perfect order: provided, however, that if any repairs are made accessary by ilie act or negligence of the owner of any land through which such improvement is constructed or by the act or negligence of his agent or employe, or If the same is caused by the cattle, hogs, or other stock of said owner, employe or agent, then the cost thereof shall lie assessed and levied against the lands of said owner alone, to be collected by proper suit insti tuted by the drainage commissioners; provided, further, that when It shall become necessary to repair any bridge or construct a new bridge across any railroad by reason of enlarging any watercourse or of excavating any canal intersecting, or by reason of wear and tear and natural deterioration of such bridge or structure, such repairs, main tenance and Improvements shall he made at the expense of the said rail road. It shall be unlawful for any person to injure or damage or obstruct any Improvements constructed under the provisions of this act, or to build any bridge, fence or floodgate across any levee, ditch, drain or watercourse, or any other improvement constructed under the provisions of this act with out securing the prior written consent of the board of drainage commission ers and any person causing any injury, damage or obstruction, or building any bridge, fence or floodgate without the consent of the board of commissioners shall be deemed guilty of a misde meanor, and upon conviction thereof may be fined not less than fifty ($60) dollars nor more than one thousand ($1000) dollars, in the discretion of tin? court. fc'ec. 34. The owner of any land that has been assessed for the cost of the , construction of any ditch, drain, wa tercourse, or other drainage improve ment as herein provided shall have the right to use the ditch, drain or water course us an outlet for laterul drains from said land: and if aald land Is separated from the ditch, drain, water course or other drainage Improvement by tlie land of another or others, and the owner thereof shall be unable to ngree with said other or others as to the tbrms and conditions on which h« may enter their lands and construct said drain or ditch, he may file his ancillary petition in such pending pro ceeding to the court and the procedure shall he a* now provided by law. When the ditch is constructed It shall be come a part of the drainage system and shall be under the control of the board of drainage commissioners and be kept in repair by them as heroin provided Sec. 35. After the classification of lands and the ratio of assessments .if the different classes to be made there on has been confirmed by the court, the board of drainage commissioners shall ascertain the total cost of the improvement, including damage* awarded to he paid to owners of land, all costs of Incidental expenses. Includ ing a reasonable attorney’s fee as counsel to petitioners in conducting the orocoedlngs In behalf of the petitioners, as also Including an amount sufficient to pay the necessary expense's of main taining the improvement for a period of five years after the completion of the work of construction, after deduct ing therefrom any special assessment made against any railroad or highway, and, thereupon, the board of drainage commissioners, under the hand of the president and secretary of the board, shall certify to the court of probate the said total costs ascertained as aforesaid, and the said certificate shall be therewith recorded in the drainage record and open to Inspection of any landowner In the district. The hoard of drainage commissioners shall Immedi ately prepare, in duplicate, the assess ment rolls, giving thereon the names of the owners of land In the district, so far as can be ascertained from the public records, a description of the several tracts of land assessed and the amount of the assessment against each tract of land. The first of these assessment rolls shail provide asscss lents sufficient for the, payment of in kr®st on the bond issued, to accrue i® fifth year after their issue and th® islallmeni of principal to fall due at ip expiration of the fifth year after it date of Issue, together with such mounts as shall have to lie paid for ollection ami handling of the same, he second assessment roll shall inak® ke provision for the sixth year; I ha nlrd for tiie seventh year, the fourth 1 >r the eighth year, the fifth for the inth year the sixth for the tenth ear; the seventh for the eleventh >ear; It eighth for tiie twelfth year; the inth for the thirteenth year; and Ilu J »nth for the fourteenth year. Kaeh f said assessment rolls shall specify 1 ft® time when collectible and be num- ;>1 ered in their order and the amount * sscased against th® several tracts of ind shall he in accordance with th® enefits received, as shown l*y the lasslflcation and tiie ratio of astess lents made by the viewers. These hs essment rolls shall he signed b) the resident and secretary of the board f drainage commissioners. One copy f each of said assessment rolls shall e filed with the drainage record ami ne copy shall be delivered to the lax ellector after the judge of the court f probate has appended thereto . n rder directing I ho collection of said ssessmenls and said assessments shall hereupon have the force and effect of judgment as in the case of state a id ounty taxes These assessments . hall | enstitute a first and paramount lien, e< ond only to state and county taxes pon the lands assessed for the imy icnt of said bonds and interest there n as they become due. and shall bo olleeted In the same manner by tit® ante officers as (he state and county axes are collected. The said assess ments shall be due and payable on th i st Monday in September each yeuK nd if tiie same shall not be paid In till by the Hi si of December following l shall be the duty of the tax collector 0 sell the land or lands so delinquent. In* sale of lands for failure to pay atich ssessments to be made at the couit* ouse door of the county In which th® itnds are situated between the hours f in o’clock In the forenoon and I (lock in the afternoon of the first lendsv In February of each year, and f for any necessary cause the sale can* lot be made on that date, the salt* may •e continued from day to day for not xccedlng four days, or the lands may ie read vert Ised and sold on the first donday In March succeeding during he same hours, without any order hcrofor. In all other respects, e\CJPt is to time of sale of lands, the exist nc law as to the collection of mint® ind count* taxes shall have applied- A ion to the collection of drainage as mssments under this act. It shall »® h* duty of tiie sheriff or tax col - ector to pay over to the county ticus in i promptly Die money so collected \v him upon said tax assessments, to he end that the said treasurer may irvp funds in his hand to meet the pay ment of interest and principal duo upon tin* outstanding bonds as they mature. It shall be the duty of th® ,?ount.v treasurer, and without any pre vious order from the board of dralu ige commissioners, to provide and pay thr IrmtiillniiMitH of Interest at the time ind place as evidenced by the coupons Dtached to said bonds, and also to pay h<> annual Installment of the principal lue on said bonds at the time and place \» evidenced by said bonus, an** i«6 •ounty treasurer shall be guilty of a misdemeanor and subject upon convic lon to a fin® or imprisonment In th® llacretion of the court, if he shall will ullv fail to mike prompt payments >r the sail! Interest and principal upon in id bonds, and shall likewise be Ha* »le in n civil action for all damage* which may accrue, either to the board f drainage commissioners or the hold er of said bonds, to either or both of which the right of action is hereby *lven. Sec. 36. If tiie total cost of th® im irovement is less than an average of ifry <r>0) cents per acre on all the land n the Mstrlct. th® hoard of drainage •ommissloners shall forthwith assess he lands in the district therefor, 1n noordH.no® with their classification, ind said assessment shall b® collected In >ne Installment, by the same officer and n the same manner as slate and county *axcs are collected, and payable at the mine time. In ease the total cost ex ceeds an average of fifty (60) cents per lore on all lands In the district, th® Hoard of drainage commissioners shall *lve notice by publication an herein prescribed, reciting that they propose to ssue bonds for the payment of th® to tal cost or the improvement, giving Hi® imount of bonds to be issued. Die 'uie nf interest that they are to bear and 1 he tlm® when payable. Any landown er in the district nol wanting to my Interest on the bonds, may, within I f teen <15) days after publication of swul nolle® is completed, pay to the county treasurer the full amount for which his land is liable, to be ascertained from ih® classification sheet and the certifi cate of the hoard showing the total •ost of the Improvement, and have hi* lands released from liability to be ns messed for the said improvements, but such land shall continue liable for any future assessment for maintenance or ror any Increased assessment authorised under the law Sec. 87. Kuril and every person own ing land In th® district who shall fail to pay to tiie county treasurer tiie full amount for which his land is liable, as aforesaid, within the time above speci fied, shaU be deemed as consenting to lb® Issuance of drainage bonds, ant; in Honslderation of the right to pay nis proportion In Installments, h® hereby waives his right of defense to the pay ment of any assessments which may he levied for the payment of bonds, bo raus® of irregularity, illegality, or de fect in the proceedings prior to this rime, except in case of an appeal. *s hereinbefore provided, which is not af fected by tills waiver. 8ec. 38. At the expiration of fifteen (15) days after publication of notice of bond issue, the board of drainage co& mlssloners may issue bonds of the drslft* ag® district for an amount equal to total cost of the improvement, less S^B^fl amounts as shall have been paid in cash to the county treasurer, plus Sf* amount sufficient to pay Interest on tUs bond is.ue (or the five (5) years next following the dale of Issue. Those befnds shnll hour interest not to exceed •fx 0») per cent per annum, payable semi* annually, and shall be paid In ten (10) equal Installments. Th® first install ment of principal shall mature at the expiration of five (5) years from v.?# date of issue and one Installment for each succeeding year for nine (•> additional years. The cotnmisslonorg may sell these bonds at not less than par and devote the proceeds to the pay ment of the work as It progresses, a*«ft to th® payment of th® interest on sal<6 bonds for the five (6) years next fol lowing the date of issue and to ths pay ment of the other expenses of the* dis trict provided for in this act. The pio» ceeds from such bonds shall be for ex clusive us® of the levee or drainage <!t^ j trlct specified on their face, and sho9 be numbered by the board of draipago commissioners and recorded Ul ~ Hf 4 M