, 1879-06-07


publishing eopE thercof at least Dnce wcel1
for th,cc successfYD weekA in Hume newspaper
or newspapers publialletl In each county from
whicl, any part Of said tltstrIct is formed. Such
. Tn The hearing Of the petition, tho Court shall
hear and determine whether Of not the pat,tson
contains ttle signatures Of the regulate humber
Of owners, and who also own onG.third part of
number ot persons owning one.tiltrd pf the land,
and II It further appear to The Court that the
proposed drain, ditch. Or Iavec Is necessary for
agricultural rlI-noscs. the Court shatl 20 lind,
ad eppoint three dtslnteressetl pessosls as COM
ntsftoncfs to lay out ntl1 construct such work.
II the Court shall ifnd against the petitioners,
the petition shall ba distnissed at the cost Of tho
petitioners.
Tle Commissioners shall theu o1amIno the
}and md determine before obtaining aug data:
Whether tha ptoposed route is tie proper
one.
The probable cost Of tile work.
The probable annual cost Of keeping the came
Ia repair.
What land will be injured thereby, ard the
probable aggregate amount Of nfl damapcs such
ianas E ~ win sustain by 'eason Of the construction
What lands vlll be benefited by Tic proposed
work, and whether the aggregate amount Of
bcnetlts will equal or exceed tic cost.
Whether tile proposed district a. set forth In
the petition led will embrace all the lands that
roay be damaged or benefited py the PROPOSED
will be 10 Affected.
II the Commssoners sha1l conclude that sucl,
COSTS EXPENSES. aud damages more than equal
tile benefits that will be bestowed upon thu
land, they shall so report, and the proceedings
shall be dismissed at thu cost Of the petition
crs.
Tho Court, through It's agents, the Commits
sloncts uctiuE upon conclusions arrived at by
will Of the persons directly intcscstcn.-not-
wtthstandihg nnc-tcntbs Ut them may Wish to
proceed.
II The Commissioners shall end that the pro-
posed work, or some portion thereof, ean be
done IT ccst and expeuse not exceeding such
bcnc!its, they shall proceed to haTo the proper
surveys, ptofes, plans, ind specifications thereof
made and sI,al! report to TIC Court which ap.
pointed them.
When thla report is filed with tho Clerk tho
Clerk shall cause three wecksf notice Ia such
manner as tlrss required, aud II, after iear-
lug all objections, II any, to The seport Of tho
Commissioners. the Court shall be satsIled that
thu said report should bo approved, ttv Court
shall cause an order of t,e confirmation OF tnc
satne to be entered.
The district thus formed Is declared to lIo
body politlc and corporate, with the right to
suo uttl bo sued.
Ihe1cupon the Court shall i,pancl Jury Of
twelve mel, who shall b. sworn ITO make their
assessments Of damages and benefits according
to law" o. the Court may direct that Jury be
tlnpancied before Juatfcc Of tho Peace Tor the
case The Commissioners may apply to aur Jus-
ticc OF the Peace Ia tic county, who shall, with
out tho forPpl1ty OF any written application,
proceed to- sumt1one ulll inpanel a jury Of
twelve men, VITO shall bc sworn.
The said Jurors shall 90 upon the lands. mako
the sa1l asscsaMents, md IN no case Bhall any
tract Of Land be assessed for benefits ii greater
amount than Its proposttonato share Of the e4t1.
mated cost OF tho work md expenses Ut tho pro-
ceedangs, nor In greater amount thin It will be
benefited, nccQrdluE to tho be6t eut Of the
The jury then fix upon n time and place when
and NhGrc they Will att:nd. etc., etc., mud whcn
ule time arrives the Court Hay etnpanc Jurors
Instead Of those who faIt 10 attend.
Appea1s nru provided Tor through the proper
courts.
The Commissioners appofut treasurer, who
shall not BE- ouc of llIer number.
The Court may, at aoy time, remove anY Com
mise!oner and appoint auot4ler IN his place.
exceed 900, IND Will not extend Into more thai
thEec Congressional Townships the ,gt,t.ou l.lay
nc Aled with Justice Of tile Peace in the county
where land 10 be affected. Or the major part
thereof, Is Situated, whereupUn the Justice
shRil direct tho Commissioner uf Highways Of
The town OF township, OF In case tic dralu,
ditch. UE loyee shn1l be located IN sererat towns
or toWnahps, tue Commissioners OF tho sev-
esa1 townships, as junt Board, or ut tie tlcc-
tton Ut The petitioners, thu 5ust,ce muy appoint
ono or more Commissioners, nut exceeding
throe, to lay cut aud construct the work.
+ The further proceeding shall be n llcreinbefore
set forth.
This bill provides .l,at tie Commissioners OF
Highways shall have power to locate at,d estab-
llsh drama. to bc constructed aIll maintained at
the cost Of parties petittoalng therefor.
The granting tic prayer OF the petitioners Is
left to tie discretion Ut tic Commissioners, ill.,
stead OF being imperative, tu case the naturul
outlet should be III tile direction peuuoncd.