and if any person owning lands sought to be affected by said Ibid. commission engineer. ¡ocate Sec. 3. Such commissioners, or a majority thereof, shall meet Meeting of at the time and place appointed, and shall proceed to examine ers. the route of such proposed ditch or water-course, and to determine the petition, and examine all applications for compensation for land to be used in constructing such ditch or watercourse, and may call an engineer to their aid, and adjourn from May call an time to time, not exceeding ten days at any one time, as the necessities of the case may require; and if they deem it advisable and Power to beneficial, they shall proceed to locate and establish such ditch ditches. or water-course by staking the same off into sections of one hundred feet, commencing at the terminus, and they shall then set off and award a fair and equitable proportion of work to be performed in constructing such ditch or water-course, and the amount of fees and expenses to be paid by each one, and the amount to be paid for compensation, to whom, and by whom, and when to be paid, and the time when such work shall be completed, and shall furnish each person interested, with a Statement statement setting forth the particulars as above specified: Further, They shall make, or cause to be made, a map of such Map of ditch. ditch, drain or water-course, designating the sections, and the distances and numbers of sections, or parts thereof awarded to each one, and the starting point, route, and terminus thereof, which map shall be filed in the township clerk's office of the Where filed. township. furnished. tioners shall Sec. 4. If such commissioners on such examination and When pet!hearing, determine not to establish such ditch or water-course, pay expenses then such petitioners shall within five days thereafter, pay over to said commissioners, or one of them, all just and legal fees When claim for pay for Aled. Proviso. Proceedings of appraise and expenses incurred in such proceeding, or be liable to have the same collected by civil process. Sec. 5. If any person claiming compensation for land under land must be this act, resident or non-resident of such county, shall fail to file such claim for compensation with the said commissioners, on or before the day set for hearing and determining the petition, he shall be held to have waived all right to appeal, and shall be barred from any claims or redress, either in law or equity: Provided, Said commissioners have complied with the conditions of this act: And, further, That the death of any party shall not work an abatement of proceedings in any case thereof. Sec. 6. That if on the day the commissioners announce their ment by jury decision, or within ten days thereafter, any person who may have filed a claim for compensation, as before mentioned, shall refuse to abide by the same, or who may deem himself unjustly assessed, shall give notice to the commissioners, and demand an appraisement by a jury of twelve disinterested freeholders of the township, and at the same time he shall file with such commissioners a bond with two sureties, conditioned to pay all costs and expenses, provided he shall not recover or have such compensation increased, or assessment complained of changed to the amount of twenty-five dollars, by award of such jury, and further, that he will abide by their decision, and Filing of no- waive all right to an appeal in the case; thereupon said coming jury. missioners shall file the notice demanding a jury, and the bond tice demand accompanying it, with some justice of the peace in the township, and direct said justice to impannel a jury of twelve disinterested freeholders, and set a day, within eight days, for a hearing in the case; and the party demanding such jury shall be notified Jury shall be by one of the commissioners of such meeting. On the day set sworn. Rights of parties. for hearing, such jury shall be organized and sworn, as is usual in civil cases, and the person calling such jury, and the commissioners shall have all the rights of plaintiff and defendant in such organization; and in examining witnesses, such justice shall hear and determine all questions and evidence offered to such jury, and shall direct them to visit and examine such ditch receive copy certify ver der of justice ment of jury or water-course, and lands affected thereby, together with all or any claims for compensation, and render their verdict in writing, to such justice within three days thereafter. Said commissioners Justice to shall furnish the justice with a true copy of the map of such of map. proposed drain or water-course, and a plat of all the lands affected thereby, to aid the jury in determining the case. Upon Justice to the rendering of the verdict of the jury, the justice shall certify dict. the same to the commissioners, and order them to enforce and carry out the particulars contained in such verdict. The com- Notice. missioners shall thereupon notify any person who may be affected by such verdict, by furnishing a statement similar to the one mentioned; and they shall file with the township clerk the Filing of ororder of such justice, together with the verdict, and a transcript of costs, which shall also be furnished. In case such jury shall Disagreefail to agree, the party calling for the same shall be entitled to another jury, or successive juries, upon paying all the costs incurred in each case before the impanneling of another jury; and in case he recovers as before provided, then the costs shall be taxed equitably upon all the lands affected by such ditch or water-course: Provided, That if the jury shall certify that the Proviso. taking of such land is not necessary for the purpose of locating such ditch or water-course, then all proceedings shall be stayed for twelve months, at the end of which time another jury may be demanded if the parties interested desire it, and costs are paid as in former case: Provided, That all costs for services by Ibid. having commissioners, justices of the peace, constables, jurors, and surveyors, in carrying out the provisions of this act, shall be the same as is provided by law in civil cases, as fees for such officers. belo g to a Sec. 7. That if on the day set for examination, it shall appear when lands that any lands through which such proposed ditch, drain, or non-resident water-course may pass, belong to a non-resident, and he or they fail to appear, by themselves or otherwise, then such commissioners shall adjourn such examination a sufficient length of time, and shall cause some justice to impannel a jury, in the same manner as before provided in section six of this act, and Powers of commissioners in extending time, etc. Power to reject bids sale. shall direct such jury to view the premises; and in all manner the same proceedings shall be had as provided heretofore. Such justice shall certify their verdict and the costs to the commissioners, and they shall proceed as before directed, taxing the costs equitably in this case against all the lands. Sec. 8. That at the expiration of the time given, if it shall appear that any of said work is not completed, then the commissioners may extend the time to the original contractor, or may give notices, in the same manner as is before required to be given to residents and non-residents in section two of this act, specifying a day when and where they will sell such work to the lowest responsible bidder, the same to take place at or near said ditch, and not less than five days after posting or publishing last notice, as the case may be. Sec. 9. At the hour appointed, they shall proceed to sell and adjourn such work to the lowest responsible bidder, in sections, and may reject any and all bids, if deemed exorbitant, and may adjourn such sale from time to time, as may become necessary to sell such work, as may seem to them just and equitable, not To furnish exceeding twenty days in all; also they shall furnish each purdescription chaser of work, a description of the same, and the time in which it is to be completed, and shall require such purchaser to sign a contract, with two good sureties, for the faithful To ale record performance of such work, and said commissioners shall file a record of their proceedings with the township clerk, as before provided. purchasers of work, etc. with town clerk. Delinquent ditch tax; how col lected. Sec. 10. That if on the first day of November after the letting of such work, as specified in section ten of this act, such apportionments for fees, costs, and compensation shall not have been collected, and the amount for which such work was sold shall not have been paid, then the commissioners of highways shall certify such amounts, or so much thereof as may be deemed necessary for the current year, to the supervisor of the township, specifying the piece or parcel of land by usual subdivisions, the amount to be assessed against each owner or piece thereof; and such supervisor shall enter the same upon for taxes. his tax roll, in a column entitled "delinquent ditch-tax," to be levied and collected in the same manner as other taxes, and to be paid out by the treasurer, upon the order of the highway commissioners, to the persons entitled to receive the same. Sec. 11. When the taxes so levied shall not be collected by Sale of land the township treasurer, the land upon which they are levied shall be returned, advertised, and sold in the same manner as is provided for in other cases; and the county treasurer shall pay to the township treasurer all such taxes, as soon as collected, to be paid out as before provided. Sec. 12. The power herein conferred upon commissioners of Deepening, etc., ditches, highways, shall extend to deepening, widening, and cleaning etc. out any ditch, drain, or water-course that may have been established heretofore, or that may be hereafter established: Provided, Proviso. The same requirements are followed out, as in locating and constructing ditches or water-courses under this act. obstructing Sec. 13. That commissioners of highways shall have full Penalty for power, and are required to prosecute, and recover before any ditch, etc. justice of the peace in the township, not less than ten nor more than one hundred dollars and costs, as a penalty for willfully obstructing or damaging any ditch, drain or water-course, and to pay the same over to the township board, for the use of the school library fund in the township where the same was recovered. when ditch one or more Sec. 14. That where it is desired to extend a ditch, drain, or Proceedings water-course into one or more townships, notice must be given, extends into by filing with the commissioners of each township, a petition towns. signed by a majority of residents affected thereby, in their respective townships, also a bond with two sureties, as before required; such petition must set forth, as nearly as may be, the starting point and terminus, also the route of such ditch or water-course. A day shall be agreed upon by the commis- Notice of sioners of all the towns interested, and the proper notices given, ing of comas provided in section two of this act. joint meet missioners. Sec. 15. Upon the day set they shall meet at the place Powers of appointed, and if they agree to locate such ditch, and establish joint board. |