Sidor som bilder



drain, and pay the costs and expenses up to this time, all pro

ceedings for the construction of said drain or drains sball be Revision of suspended for one year. Between such day of hearing and apportion

review and the appointed day of letting, the commissioner shall,

if need be, revise and correct his apportionments of such drain Execution or or drains. At the time and place for letting named in said no

tices, the owner of each such parcel of land, or his or her agent or attorney, may appear, and make and execute to said commissioner a contract or contracts, with good and sufficient surety, for the faithful performance of the excavation and construction within the time limited by said commissioner in such contract

or contracts, of so much of such drain or drains as said commisWhen owner sioner has adjudged or set off to such land. When any part of of land neg lects to con- such drain or drains is offered to be let, and the owner of the tract.

land to which it is assigned, or bis or her agent or attorney, shall not at once, and without unnecessary delay, enter into contract as aforesaid, to excavate and construct the same, as provided in this section, it shall be the duty of said commis sioner to let the same to the lowest responsible bidder or bidders therefor, who shall execute and file a contract or contracts, with good and sufficient surety, as aforesaid, with said commissioner,

for the faithful performance of the excavation and construction Expenses, of the same, according to said contract or contracts; and the

cost of such excavation and construction, and its portion of the incidental expenses and damages, shall be levied and assessed upon the land to which such part or parts of said drain or

drains have been assigned, as aforesaid. If at the time of letowners or ting said drain or drains, according to said notice, no suitable

land-owners or bidders for the construction of the same, or any part thereof, appear to take or bid and contract, with good and sufficient surety, for the construction and completion of the whole of the same; or for any other cause, by said drain commissioner deemed important and sufficient, he may postpone and adjourn such letting, in whole or in part, and from time to time, to such other time or times, to be by him, at the time of such adjournment, publicly announced, as shall to him seem

etc., lein on land.

When no suitable land bidders appear.

Stato landa

issue until


meet and proper, but not in all for more than thirty days from and after the time of the letting at first advertised and noticed as aforesaid. At the hearing and the letting provided for in Hichway

commission this section, one or more of the commissioners of highways of or to act for

township any township named in said notice, and to which has been assigned any construction of drain, or tax for incidental expenses, or damages on account of benefit by such drain or drains to highways, may appear and act in behalf of such township. Any taxes so assessed on State lands shall be at once reported Taxes on by said commissioner to the Commissioner of the State Land Office, who shall enter on the books of his office against each description of such State land, the amount of drain taxes assessed thereon; and no patent shall issue for such lands until Patent not to said drain taxes are paid or otherwise provided for. Any per-paid.

When claim son, resident in said county, failing or neglecting to file, in for damages writing, with said commissioner on or before such appointed to have been day of hearing and review, his claim for damages, or objections to such assessments, shall be held to have waived his claim for damages, and his right to appeal.

Sec. 10. When any part or parts of such drain or drains are Extension of not finished within the time limited by contract, said drain commissioner may, in his discretion, at any time thereafter, extend such contract or contracts, or re-let such unfinished Re-letting drain or drains, or any part thereof, by public sale or otherwise, after not less than five days' notice thereof, to the lowest responsible bidder or bidders, and shall take security, as before. The who to pay cost of completing such parts, and the expense of notices and

expense of. re-letting shall be collected by said commissioner, of the parties at first contracting to construct the same, or partly collected of such parties, and partly assessed on the lands to which the construction of such parts was assigned, as may be deemed just and equitable; and said commissioner shall see and provide Free outlet that the finished portions of any drain by bim laid out,

of draina established and constructed, shall have free outlet, as far as may be, within the limits of his jurisdiction.



Report of Sec. 11. Said commissioner shall make a full report of all his drain coin missioner to doings in the premises, accompanied with maps, and with board of supervisors.

surveys if necessary, and all other matters needful to a full exhibition of his action on such drain, and present the same to the board of supervisors at their next annual meeting, using

such blanks and forms as may be necessary for this purpose; Townships and the board of supervisors shall, at said meeting, charge the eums appor- aggregate sums as they are so apportioned, against the proper tioned.

townships, and direct the supervisor of each township in which any portion of said drain or drains may be ordered to be constructed, or tax levied, to levy the same upon the several parcels

of land described in said report of his township, according to By whom the apportionment of said commissioner, and direct the towncollected, and to whom ship treasurer to collect and pay said sums to the county treas

urer, in like manner, and at the same time with other taxes: Proviso. Provided, Said report and apportionment shall contain a

description and assessment of all lands through which such drain or drains may run, or which in his opinion are actually benefited thereby; he shall also file a copy of said report with the county treasurer, after the levy of such tax by the board of

supervisors. Delinquent Sec. 12. It shall be the duty of the county treasurer to return 10 Auditor all lands upon which a tax shall be levied under this act, delinGeneral.

quent for such tax, to the Auditor General, and the same shall be advertised and sold therefor, at the same time, and in the

same manner, and subject to the like redemption as lands When State delinquent for other taxes. In case any lands belonging to to refund tax individuals charged with a drain tax shall be bid off to the to county.

State, or sold to other parties, at the tax sales, the State Treasurer shall pay over to the proper county treasurer the amount

of such drain taxes. Powor or Sec. 13. Said commissioner shall have power to re-locate any commirsionar to re-lo- drain or drains, and to alter or vary the size, or extend the line and extend thereof, with the consent of the contractor or contractors, if

such extension be necessary to provide a suitable outlet; and the power herein conferred on said commissioner, for digging

tax returned

cate, alter

creeks and


overseers of

pay acc rd.

and draining, shall also extend to and include deopening and to deepen, widening, and clearing out any ditches or drains which have clear out heretofore been or may hereafter be constructed; also straight- streame ening, cleaning out, and deepening the channels of creeks and streams; but no expense exceeding twenty-five dollars on any Limit of exone drain or creek shall be charged and assessed as aforesaid, unless upon such application as provided for in section four of this act. Sec. 14. Drains may be laid along, within the limits of, or Drains along

highways. across any public road; and where any shall be so laid out and constructed, or where any road shall hereafter be constructed along or across any such drain, it shall be the duty of the over- Duty of seers of highways in their respective districts to keep such highways. drain open and free from all obstruction; and when any such drain shall cross a public highway, the overseers of the proper district shall build and keep in repair a suitable bridge over the same. And the township to which any road along or across Township to which any drain has been made belongs, shall pay towards the ing to beneat construction of such drain, such sum as the drainage commissioner shall estimate as aforesaid as the benefit accruing to such road from such drain. A drain may be laid along any Drains along railroad when necessary, but not to the injury of such road; company' to

build culvert and when it shall be necessary to run a drain across a railroad, it shall be the duty of such railroad company, when notified by said drain commissioner to do so, to make the necessary opening through said road, and to build and keep in repair a suitable culvert.

Sec. 15. Whenever any tax levied for the construction of a drain under this act shall be reported back by the Auditor drain tax. General to the county treasurer where the same was levied, or shall be set aside by any court of competent jurisdiction, it shall be lawful for the supervisor of the proper township to re-assess such tax on the same land where such drain has been made. And it shall also be competent for the board of supervisors, upon the recommendation of the drainage commissioner, or upon a review before them, had by appeal from the action

Re-assessment of

Penalties for

or decision of the drain commissioner, to re-assess upon the various lands, or portions of land, sections, or parts of sections of land by him deemed to be benefited or damaged by any drain or drains, such amount or amounts of drainage taxes, to be assessed, levied, and collected as other State and county taxes are assessed, levied, and collected, as may be by them deemed necessary to correct any mistake or misapportionment

of drain, or of taxes for the construction of the same by the Proriso.

drainage commissioner: Provided, Such appeal or review be brought before said county supervisors within one year from the time of such alleged mistake or misapportionment on tho part of the said drainage commissioner, or by appeal as hereinafter provided.

Sec. 16. If any person shall willfully or maliciously remove removing stakes along any division stake set along the line of any drain laid out by

and under the provisions of this act, or obstruct or injure any such drain, he shall, for each and every such offense, be subject to a fine not exceeding ten dollars, together with such sum as will be required to repair such damage, and costs of suit, which fine may be recovered in an action of debt, at the suit of said commissioner, before any justice of the peace of the proper county; and whenever recovery shall be made, and the same collected, it shall be deposited with the county treasurer for the benefit of the library fund of the township in which such

drain is located. Voney paid Sec. 17. No money shall be paid by any county treasurer of only on order of board any county in which a tax is assessed for the purposes of drainof supervi.

age, under this act, or (on) any warrant drawn by said commissioner, out of any other fund than that derived from such taxes, unless by express order of the board of supervisors.

Sec. 18. The commissioner shall be entitled to receive not to sioner; bow exceed four dollars per day, for the time actually spent by him paid.

in performing his duties under this act, which shall be in full for time and personal expenses, to be audited by the board of supervisors, and paid out of the moneys collected by virtue of this act, or otherwise, as the board of supervisors may order.


Per diem of commis

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