The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1885-03-30

the same manner as summons Is issued. A
further provision allows notice to be served on
agents of railroad ompanies--companies not
owning land but only the right of way AS to
non-residents the old form of notices are to be
given The bill gives ten days time in which to
remonstrate against the petition. The law Of
1881 gave no time, while the law
of 1883 gave three days. This bill changes
the law of 1883 relative to the time set
for docketing so that if two-thirds of the land
owners demonstrate the petition shall be dis
missed, SO thar no one man can force upon the
community a burdensome and unnecessary pro
ceeding The bill authorizes the court to APP
point third disnterested commissioner IN each
particular case, thus giving to all interested
fair hearing. The county surveyor is required
to note the lay of the bitches. the grade etc,
and turn over the notes to his successor. He
shall give bond and be under oath. The bill pro-
vides that the notices shall be at the cost OF the
petitioners. Where all interested agree. there is
no necessity for court proceedings. The re-
monstrator shall pay the costs. Section D
materially changes the present law by a provision
including reasonable attorneys fees. The cost
of serving notices may be avoided by the Pc
titioner serving the notices himself The at
torneys fees must be submitted to the court,
who will aGiudicate the amount to be allowed
No costs or expenses. except on contracts, shall
be paid until allowed by the court. In the item
of assessment there will be greater saving than
by reason of any other change, as
but one notice is required, where
FIVE notices were required formerly.
A provision is that the landowner assessed
shall have the privilege Of doing the work on
contract at the same price as the lowest and
best bidder, who can only bid by stations There
sixty executions in Jasper county now in cases
where there are no bidders for sums sufficient to
pay the assessments against the lands. The
provisions of the bill are int nded to prevent de-
lay in making the bitches. These, in default.
shall pay all additional expenses. This was
added by the committee, and is regarded as one
of the best provisions of the bill. It has fire.
quently been found that the land will not sell
for the assessments made for the improvement,
so everything the owner may have may be swept
away in order that the wet land he once owned
may be improved. This cannot happen under
this bill In many counties persons are obliged
to go to great deal of trouble in order to get
rid of liens, although they have been
obviated. Section Z materially changes
the law of 1883. Under the old law a
great complaint was that commissioners got in
too much time, in some places charging day for
any part of 1t spent on any one drain, and they
frequently had quite number to superintend.
This bin provides that each ditch can have SUI
perintendent. who will give sufficient time to the
work SO as not to cause delay This section also
fixes the per diem at So for the time actually and
necessarily employed. In many counties they
have heretofore been paid So per day. Section
10 provides that the work shall be under the
control OF the county surveyor, the sum nee
essary to be paid out of the county funds to be
reimbursed bythose benefited. Section ii allows
surveyors 81 per day and drainage commissioner
So per day, but there is provision allowing sur
veyors So per day where their work is mainly
clerical If he works on two or more drains in 9
day, he must charge only for the time employed
Section II excerpts from the provisions of the
bill proceedings commenced heretofore. A grea
many petitions are being filed, and if the
operation of the bill is delayed until similar pub
LEGATION, it will give the people no relief, and
therefore, there is an emergency clause