orders. Sec. 19. Whenever any order drawn by the commissioner Interest on shall be presented to the county treasurer, and there shall be no funds in his hands applicable to the payment thereof, the county treasurer shall endorse thereon the date of such presentation, with his signature thereto. Such orders shall draw interest from and after such presentation and endorsement. runs acros9 Sec. 20. Whenever it shall be deemed necessary to run a When drain drain across any county line, the application for such drain county line. shall be addressed to the commissioners of both counties, and the same proceedings shall be had, as near as may be, as are required on the application to the commissioner of one county, and they shall both act as one board of commissioners; and the board thus formed shall report to both county treasurers, boards of supervisors and the Auditor General, as hereinbefore provided when the drain lies in one county. decision of sioner. Sec. 21. An appeal shall lie from the decision of said com- Appeal from missioner to a jury of six disinterested freeholders, on due commis application to a justice of the peace in and for the proper county, within ten days after such decision, and from the award of such jury to the board of county supervisors, by notice filed with the county clerk, within ten days after such award is rendered: Provided, The appellants shall, in all cases, before Proviso. taking such appeal, give security for costs, with one or more sureties, to the satisfaction of the justice before whom such appeal is taken; and a review, simply to correct mistakes, or errors in fact, may in like manner be had before the board of county supervisors, at any time within one year after such mistake has been made by said drain commissioner: And provided Ibid. further, That said appeal shall not stop the construction of any drain. ceived for Sec. 22. All bids made for any of the lands which may be sold Warrants refor taxes assessed under the provisions of this act may be paid tax bida. in warrants, drawn under the provisions of this act by the commissioner, on the treasurer of said county in which the lands are situated, if drawn for the construction of drains, Annual report of com incidental expenses, or commissioner's services, for which said lands are to be sold; and such warrant shall, if tendered, be received by the Auditor General, or treasurer of the county in which they were drawn, in payment for any such tax that may be returned delinquent. Sec. 23. For the information of all persons concerned, the missioner. said commissioner shall make a full report, in writing, to the board of supervisors of the proper county, at the next and each annual session thereafter, setting forth as nearly as practicable: Contents. Ibid. Ibid. Power of board of su control ac missioner. First. What proportion of the ditches or drains, for the construction of which a tax has been levied, is completed, and the amount paid therefor; Second. What proportion is under contract and not completed, and the amount to be paid therefor, and whether such contract or contracts are likely to be performed; also the proportion not yet under contract, and the estimated cost of their construction, and whether there is a sufficient amount of unexpended funds, created by such tax, to complete the work; Third. What amount of such funds has been expended, and for what purpose, exhibiting the items of such expenditures as fully as may be practicable; and also, what amount of warrants has been drawn by him against such fund, and shall also report all such other matters in relation to the subject as he may deem necessary, or said board of supervisors may require. Sec. 24. The board of supervisors of each county in which a pervisors, to commissioner shall be elected shall have full power and authortion of com- ity to control the action of such commissioner, and may order a re-assessment of the drain tax, or any portion thereof, to correct errors, as provided in section fifteen of this act, and may make any other order in relation to such ditches or drains, or other matter relating thereto, not inconsistent with the public interests or the rights of individuals, which order shall be To remove. binding on such commissioner; they shall also have power to remove such commissioner for cause deemed by them sufficient. sioner to is upon county Séc. 25. Said commissioner shall issue his order upon the Commiscounty treasurer for the amount of such damages as may be sue orders allowed to any person or persons, their agent or attorney, by treasurer. reason of the construction of any drain or drains, under this act; such order or orders shall be paid by said treasurer out of any moneys in the treasury, in pursuance of the provisions of this act. cants to pay amination. Sec. 26. Whenever application shall be made, as provided in When applithe fourth section of this act, to said commissioner, to examine costs of exany swamp, marsh, or other low land, and said commissioner shall proceed to examine the same, and it appears, on such examination, that there was not sufficient cause for making such application, and the commissioner shall so determine that no ditch or ditches asked for by said applicants is needed, said applicants shall be liable to said commissioner for the amount of all costs and expenses incurred by him in making such determination; and if said applicants shall neglect to pay the How com same on demand thereof being made, said commissioner may may collect recover the same in an action of assumpsit, or on the case, before any justice of said county. missioner same. son taxed to through land Sec. 27. Any person or persons who shall be taxed for the Right of perconstruction of any drain or drains, constructed in accordance construct with the provisions of this act, whose lands shall not be situated of others. on the line of said drain, shall have the right, and it shall be lawful for such person or persons to construct, dig, and excavate a drain and keep the same open, in any water-course leading from such lands into said drain, across the lands of any person or persons lying between said lands so taxed and said drain, at proper seasons of the year, and causing as little damage as possible to the owner or occupant of the lands through which such drains may be constructed. lage. Sec. 28. Whenever any drain shall be laid along or near the Drain in vilboundary line of any city or village, under the provisions of this act, and any lands within said city or village shall be benefited thereby, the said commissioner shall make an estimate of the sum that ought to be levied on each parcel of land so bene common council. fited, in the same manner, and the same proceedings shall be thereupon had, as if said lands had been included within a Consent of township; and whenever said commissioner shall find it necessary, he may, with the consent of the common council or trustees, lay and construct any drain, partly in a township and partly in a city or village; and may, in like manner, estimate the sums that ought to be levied on any parcel of land within such city or village, that shall be benefited by such drain, and the same proceedings shall be thereupon had, and the sums collected in the same manner, as if said lands were situated in a township. Drains to be kept in re pair. Sec. 29. It shall be the duty of every person owning land across which a drain has been or may be lawfully constructed by the county drain commissioner, to keep so much of such When owner drain as lies upon his lands, open and in good repair. If such lects to keep owner shall refuse or neglect to keep such drain open and in of land neg drain in re pair. Proviso. Relative to commission fore ap pointed. good repair, it shall be lawful, and the duty of said commissioner, on application to him, in writing, of five freeholders, resident near the obstructed parts of such drain, to open and repair the same; and the costs and expenses of such repairs shall be collected by said commissioner of such delinquent owner; or, such cost and expenses, with one year's interest on the same, may be reported to the board of supervisors, who shall order the same to be assessed by the supervisor of the proper township, on the real and personal estate of said delinquent owner, and the same shall be collected and paid over to the county treasurer, and passed to the drainage fund of such county: Provided, That if such expense shall exceed ten dollars, the same application and proceedings shall be had as in section four of this act. Sec. 30. All commissioners appointed according to the proers hereto visions of an act entitled "An act to provide for the draining of swamps, marshes, and other low lands," approved March fifteenth, eighteen hundred and sixty-one, and the several acts amendatory thereto, viz: Act number two hundred and forty, laws of eighteen hundred and sixty-five, approved March Action and eighteenth, eighteen hundred and sixty-five; act number four, laws of eighteen hundred and sixty-seven, approved February fifth, eighteen hundred and sixty-seven; act number one hundred and twenty-seven, laws of eighteen hundred and sixty-seven, approved March twenty-seventh, eighteen hundred and sixtyseven, and act one hundred and forty-nine, laws of eighteen hundred and sixty-seven, approved March twenty-seventh, eighteen hundred and sixty-seven, and who are holding such offices at the time of the passage of this act, shall continue to hold such office, with all the powers and subject to the provisions of this act, until they shall resign or be removed by the board of supervisors of the proper county, or until a drain commissioner shall be elected and qualified, and has filed his bond as provided in this act; and thereupon they shall deliver to said commissioner all books, papers, moneys, accounts, or other property belonging to said office. Any action or suits begun under said acts, shall continue and be determined under former laws. and according to this act; and said commissioners, or said Powers of elected commissioner, may alter or vary the route, and rescind er under this any contract entered into for the construction of any drain, for any cause which in their opinion or his opinion, may be sufficient; and upon such alteration or variation of route, or rescission of contract, may proceed to the completion of such drain or drains under the provisions of this act; and it is provided that anything contained in this act shall not be construed or held to annul or avoid any assessment, contract, or undertaking heretofore made, levied, or entered into by the commissioners of any county, under the said acts, which are by this act repealed, save as in this section provided; and all rights which Accrued may have accrued, and all acts done by such commissioners, main unimshall remain unimpaired by anything herein contained, save as provided in this section. suits under commission act. rights to re paired. of record may appoint commission Sec. 31. The board of supervisors in any organized county when court of this State, not having a drain commissioner elected and qualified, and his bond filed according to the provisions of this act, may, at their annual meeting in the year eighteen hundred ers. |