The Virginia enterprise., 1909-04-30

the ss asssssments made under the original
andingA and the county auditor or several
anSa sresD ssas. Ss .ss s
ssms and shall include such additional
f%eu1s' tio9 y = the :t.tsment REQUIRED 6y see
Same shall be entered and collected in ike ike
Sy M fcr Ss ss
'oA2spsefiga Appeesi 2o St spnss. snsh ditch Itch,
sessed may appeal from the district court
o1dee IL a1cspt
order establishing such ditch. or drain in
2sssiGstssd5as: ssixtx aasE under til; Within
9S,red fS il eiyi actions upon am an appeal S to
the the aotice Of appeal and bond: on the re-
az esoof W me
IN In case the appellant prevails in the su:
the ee of the
mined m cc.t! in favor q sppeiisnt: and d.msse.
q remittiture from the supreme court to
en1 distriSt the clerk of the District
district wherein such appeal was taken.
T,nepn MT,nereupon the judge shall make an order
aff'rfie2s ic o-a the county auditeE Or ..ditos
upon such appeal, together with his costs.
sas :S. q the ss
Of sass nSon in P:
each county for the construction OF said
Thereupon the auditor or auditors Of each
county shall issue county warrants upon
the county treasurer for such sum or sums
IN thn hpayan,e a,e. OUT OF the general ditch fund
The SAID suditor dises"sh; shal, thereupon or in
the aps,tor. % sfs sSa nsn dist1suse Ss
fs x5e oSs9aijS. H. s':s;::S
Sspiieasss ssainst fs! ssss rsspeet'?s s s lands.
N @hes es ssd Ss '@a
ana S%s lien sss rs the s
ana tweaty-twe Of this aet:
for d,te6 e1eept thSogsh the lands ef
ndn IN he % @tR
curate description OF the needed right :.
IN o e9a ns
order: estabitshing said ditch the county
eoaTe making s.G Or o2Se4 OF the
=. !s' 8! ;hsli require tSs county auditor: IN IN
the i scountiss in case e Of Judicial
ditch, to purchase such needed right OF way
at At. an !. expense not exceeding the estimated
part of the cost and expenses Of said ditch.
tabltshine said ditch that the !obs of
dieg,2s and constructing the ditch shall not
sidjoinnine in state has been in all things com
Pena1tv for 0b.truct,on.
., Sec. 72: Any person vilfully Or neg
ligently obstructing: or in any way int,Hring
seaRsss ?sds5
who is not
by the engineer in charge Of any ditch. and
" %ho or the
direction in the matter Of the laying out o.
person digging or constructing or causing
to be dug Or constructed any any ditch J.. or or
or
cured permission from the county y y,D board Of Of
or or drain is located. shall be guilty Of q
misdemeanor. and shall also BE- liable ia
sons or corporation injured by such act, in
treble damages"
pe4 Any o fSe county o.
perform any Of the duties imposed upon
to any person, persons. association Of per
sons, sons or Or corporation n. injured thereby In
The county attorney, OF the. proper eoun:
arising under this chapter.
Sec: 73. In case any proposed ditch
ag be
Judge of either Of said judicial districts
and the Judge before whom such proceed:
jurisdiction Of ali subsequent proceeding:
and matters in relation to said ditch: and
CO. eeurse sa0'n or refu.ins to estabiisS tho same
ss sss ds Of in n: sSaptsn
sanee Sr such sssFs and Of he as
therein stated. and Of the regularity Of ali
the proceedings had therein.
Provided. that II for ay any reason 50 durins
the court or county board for any reason
shall fail to hold a meeting or hearing at
made ma the therein for the holding Of any special
to any matter connected with said proceed.
lose jurisdiction of such Proceedings but
may make any new additional order that
may be necessary in the premises or that
speedy determination Of all matters con,
nected with said proceedings. and the hnal
completion Of the ditch. drain or water
Sec. "A. After the completion Of any
ditch constructed under any law OF this
public or private drains or drainage bitches
and no side lateral or spur ditch or bitches
shall be so dug or constructed by any per
son or persons any association OF per-
sons or by any corporation or any township
or other municipal or corporation or the
authorities Of either Of them without hav-
ing first secured express authority 50 to do
from the county board Of the county where
such principal ditch is located. or in case
Of both counties meeting Jointly for that
purpose in the county wherein such drain
age M W. were originally in.suts9 IT.
county to the members Of said county board
or boards a. in case Of special board meet
ings.
Such proceedings shall be instituted by q
petition to the county board nled with such
auatGr and sfnS BY Hartes
branch, setting forth the source. course.
terminus, and the size and Dimensions of
'":r Thereupon p0 the he said auditor shall sppo,nt
a time and place to consider the same and
shall call a special meeting of the county
@.w at such h time time ~ and place for that purpose
and shall cause notice thereof to be pub
lished once each week Tor ,,tvro. Two '1ccessiye &C.
The said county board. or county boards
petent ana experienced civil engineer to in
vestigate and report on the matter.
On the day Of hearing 30 appointed, or
at any adjourned day thereof. the county
board or boards shall proceed to hear all
testimony offered in relation to said matter.
and shall determine and decide the same,
and If the county board or boards decide to
permit such branch or lateral ditch to be
therein, determine and decide tho terms
and conditions under which same may be
built. and the amount to be paid by petit
tioners therefor, II any. and upon compli-
ance Herewith and not otherwise. said petit
tioner or petitioners may proceed to con-