missioner:

filed.

Sec. 3. A certificate of election shall be immediately issued Oath of comby the county board of canvassers to the person so elected to where filed. the office of county drain commissioner, who shall, within twenty days thereafter, take and subscribe the oath of office prescribed by the constitution of this State, and deposit the same with the county clerk, to be filed and preserved in his office, when it shall be the duty of said drain commissioner to Bond; where execute to the county a bond, with two or more good and sufficient sureties, in such sum as the county treasurer and the sheriff of the county may require, and shall file said bond with the county clerk. He shall leave his post-office address with P. O. address the county clerk, and shall enter upon the duties of his office sioner. on the first day of May following, and shall preserve a record of his official acts in a book or books, to be furnished at the expense of the county, and delivered to his successor in office. Said commissioner shall file and preserve in his office, certified Preservation copies of all accounts against the drainage fund, and draw all orders on the drainage fund for the payment of such accounts. A vacancy in said office of drain commissioner may be filled by Vacancy. the judge of probate of said county.

of commis

of accounts

for drain;

missioner.

Sec. 4. Upon application to him, in writing, of ten or more Application owners of land in each township in or through which they ask duty of comto have a drain constructed, for the construction of any drain or drains under this act, it shall be the duty of said commissioner to examine personally the swamp or low lands designated in such application, and if, in his opinion, such swamp or low lands should be drained, under his authority, he shall try to obtain a release of the right of way and other damages, from every person through whose land such drain or drains are to pass. If he obtain such release, he shall proceed to make such Froceedings examination, by surveys or otherwise, as may be necessary to tains right determine the route, width, length, and dimenisons of any drain or drains required to be cut in any lands designated in such application, and the lands to be benefited thereby, and shall set division stakes at uniform distances, and not more than twenty rods apart, along the proposed line of every drain he

when he ob

of way.

When right of way cannot be ob

tained.

jury.

decides to construct, and indicate distinctly on each stake, the number of the division from the place where such drain is to begin.

Sec. 5. If such release cannot be obtained in a reasonable time, said commissioner shall issue an order, under his hand, directed to the sheriff or any constable of said county, to write down the names of twenty-four freeholders, residents of said county, and not interested in the drain or drains in reference to which they are to act, and qualified to be jurors in the Selection of circuit court in said county. Such officer shall thereupon write down the names of twenty-four such persons, and give notice to said commissioner, and to such of the persons through whose lands such drain or drains will run, as reside in the township or townships through or into which such drain or drains will pass, and can be found therein, that he will leave such names at the house of some justice of the peace in one of said townships, naming such justice, the place and time to be named in such notice, and the time, not less than four days from the time of giving such notice, and that at said place and time a jury will be struck from such list of names. At the time and place appointed, said commissioner shall strike off six names, and the person or persons interested in said drain or drains shall strike off a like number; and if either or both parties fail to strike off, such sheriff or constable shall do so for him or them, and the names remaining on such list shall Jury; how form the jury; and thereupon said commissioner shall issue a venire, under his hand, directed to any constable, or to the sheriff of said county, commanding him to summon said jury to be and appear before said commissioner, at a time and place to be named in said venire, to determine the necessity for the construction of any such drain or drains, and the amount of damage sustained by any person or persons owning or interested in any of the lands through which such drain or drains may be How panel constructed. If the jury shall not all appear within one hour jury does not after the time of appearance named in said venire, said commissioner shall direct the officer to summon a sufficient number

summoned.

filed when

appear.

jurors

by jury.

of competent jurors, as aforesaid, as talesmen, to complete the panel; and when the panel shall be full, said commissioner shall Oaths of administer unto each juror an oath, well and truly to examine and determine the necessity for constructing said drain or drains, and to assess the damages sustained by any person or persons owning or interested in the lands through which the same shall pass. Said jury shall thereupon proceed to examine Examination such swamp, marsh, or other low land, to determine the necesaity for constructing such drain or drains, and if they shall, on a careful examination of the whole matter, be of the opinion that it is necessary to construct said drain or drains, they shall when jury proceed to assess the damages which any person or persons damages. shall sustain by reason of the construction of the same, and shall certify, in writing, their doings, and the amount of damages Their certif so assessed, to said commissioner; and said jurors shall each missioner. be entitled to receive one dollar per day, and six cents per Per diem and mile for traveling, in going to the place or places where such drain or drains shall be located, to be paid according to the provisions of this act.

shall assess

cate to com

mileage.

sioner may

court of

point special

ers; certif

Sec. 6. Said commissioner may, instead of calling a jury as Commisprovided in section five of this act, apply to a court of record apply to having jurisdiction in said county, for the appointment of three record. special commissioners to examine such swamp, marsh, or other low land, and determine the necessity for the construction of any drain or drains therein, and the amount of damages that any person or persons will sustain thereby. It shall be the Court to apduty of said court of record, on such application, to appoint commiss onsuch special commissioners, and deliver to said drain commis- cate of sioner a certificate of the appointment of said commissioner, and the commissioners so appointed shall determine the necessity for constructing any drain or drains so applied for, and assess the damages to which any person or persons shall be entitled by reason of the construction thereof, in the same manner and under the same restrictions imposed on a jury of freeholders in section five of this act, and shall certify in writing, their determination to said drain commissioner.

How owners

of land may construct drain.

Sec. 7. If at this or at any prior stage of the proceedings, all the owners of the lands through which such drain or drains are located shall, by themselves, their agents, or attorneys, pay to said commissioner all the costs and expenses thus far incurred Contract for. by him, and severally enter into contract with said commissioner, with good and sufficient surety, and in such sum as said commissioner may require, to construct so much of said drain, and on such route, and of such dimensions as said commissioner may in said contracts determine and assign to said owners respectively, and the expenses to be incurred in accepting said contracts or otherwise, and collection in case of non-fulfillment, then said commissioner may so contract with said owners; and such drain, when so finished and accepted, shall be recorded by said commissioner as a drain lawfully constructed, in pursuance of the provisions of this act. If any of said contracts are not fulfilled by the time limited therein, said commissioner may prosecute the same to final settlement and collection, with all lawful costs and expenses attending such

Record of

accepted drain.

Provision for

assessing expenses on lands benefited.

Where drain

benefits highway.

collection.

Sec. 8. If all the owners of lands through which such drain or drains are located shall not pay the expenses incurred, and contract to build such drain or drains, as provided in section seven of this act, said commissioner shall make, or cause to be made, maps of said lands, designating thereon the length, depth, width, position, and direction of every ditch or drain by him laid out and established, also the number of acres of every section or part of section of lands to be benefited by said ditches or drains, and shall estimate and assign the construction of an equitable part or parts of such drain or drains to each parcel of land to be so benefited, describing such parts of drains by said division stakes, and stakes subdividing such divisions, if need be. And where such drain or drains will benefit highways, said commissioner shall estimate also the amount of such benefit, and assign the same to the township to which such highway belongs. He shall also make an estimate of the sum necessary to be raised to pay the incidental expenses of making

such ditches or drains, and for damages, if any, and the portion thereof that ought to be assessed on each parcel, section, or part of section of land to be benefited thereby, and the amount to be raised in each township for such incidental expenses and damages. The incidental expenses, damages, and expense of construction of drains shall be assessed on the several parcels of lands benefited or injured, in proportion to the benefit or injury to accrue to each such parcel of land from such drains: Provi- Proviso. ded, That no assessment shall be levied on the lands not actully benefited.

meeting for

tract.

maps of

Sec. 9. Said commissioner shall give at least fifteen days' Notice of public notice in some newspaper published and circulating near letting consuch drain or drains, of the time or times when, and the place or places where he will meet parties to contract for the excavation and construction of such drain or drains, such place or places to be convenient of access by the people resident near and interested in the proposed drain or drains; and at least Exhibit of three such notices shall also be posted in the most public places drain. of travel and resort in each township, and, as near as may be, along the line of such proposed drain, at least ten days next preceding such meeting. Said commissioner shall also name in or in connection with such published and such posted notices a convenient place near such drain or drains, and a time not less than three days, nor more than five days prior to the day fixed in said notices for letting the construction of such drain or drains, at which place and time he will exhibit maps of the proposed drain or drains, and descriptions of the several parcels of land by him deemed to be benefited thereby, and the amount and description, by divisions and subdivisions, of the proposed drain or drains by him apportioned to the owner of each description of land to construct, and to each township to construct on account of such drains benefiting highways, if any such benefit there be, and hear reasons, if any are offered, why such apportionments should be reviewed and corrected. And Protest if at this time two-thirds of the persons whose lands are to be taxed for such drain or drains enter a protest against said

against drain