Yorkville enquirer. [volume] (Yorkville, S.C.) 1855-2006, 1912-01-23

should be drained, they snail select
place at which the ditch shall be be-
gun, and shall make just estimate Of
all lands along said creek, swamp or
branch, and its tributaries within the
proposed district to be drained, that
will, in their Judgment, be benefited
by the work proposed and contemplat-
ed to be done.
Sec. 3. They shall make a list Of
all the owners Of the said lands, with
the estimated acres to be benefited by
each owner, and In making said esti-
mate the said commissioners are au-
thorized to take into consideration and
estimate all lands lying along and on
both sides of said creek, swamp or
branch, within one mile on either side,
measurement to begin where said
tributaries enter into the proposed
ditch or canal, and in making said
estimate may take into consideration
the special benefits to be derived by
any one as more land owners and as
sess said land owner or owners in
to be derived from said drainage or
canalling. Said commission Is hereby
empowered to employ a competent sur
essary and desired by said commission
and shall fix his compensation, which
shall not exceed a reasonable price
per day, for each days actual service,
and the boundaries as thus set forth
and described by said commission
shall be and are hereby constituted
drainage district, copy Of which shall
be filed with the clerk Of the court Of
the county in which said districts are
situated, as permanent record. The
said drainage commission shall then
give at least ten days written notice
by posting same at five conspicuous
places within the proposed drainage
district, or In the county paper, ap-
pointing a day in which the commits
sion will sit as a body and hear COM
plants, at which meeting they shall
publish their estimates Of the total
cost, including all incidental expenses
Of the proposed drainage or canalling.
and If they are of the opinion that the
said creek, swamp or branch should
be drained, they shall prepare Sec
ond petition, copy OF which shall be
filed with the county board Of commits
sioners as permanent record, praying
the said drainage commission to pro-
ceed with the proposed drainage i'm
provements as contemplated, and In
case a majority Of the land owners,
owning land along or on both sides
Of the proposed drainage district sign
said petition, the said commission shall
proceed to survey, locate, lay Off and
mark the course of the ditch to be dug,
and shall decide the depth and width
of the ditch, which in their judgment
will be necessary for the proposed
drainage and shall assess each land
owner, owning lands along or on. both
sides Of the proposed ditch, the amount
Of money to be paid by said land own
ers, for the purpose Of defraying the
necessary expenses In proportion to
the amount of land drained, or pro rata
benefits received by the drainage Of
such lands: Provided, That II the said
commission decide that the proposed
drainage should not be done, then In
that event all the necessary expenses
incurred by the said commission In
determining the estimated cost Of the
proposed drainage improvements shall
be paid by the land owners who signed
the first petition to the county board
of commissioners, as provided for In
section Of this act. and shall be pro-
vided for by said petitioners. when the
said petition Is first filed with the
county board Of commissioners.
Sec. 4. The said drainage commits
sion shall have power to contract and
be contracted with, and generally do
whatever may be necessary In order
to make effectual the improvements
as contemplated in the proposed drain
age district, and shall have power to
issue the note or notes Of the obligation
of the proposed drainage district, not
exceeding an amount equal to the es-
timated cost Of the proposed i'm
provements contemplated, payable In
an amount to be fixed by said COM
at stated intervals as may be
necessary, and shall have power to en-
ploy an overseer and hands to do said
work, and fix their compensation and
date of payment, which shall not ex-
ceed the note or notes Of obligations
of said drainage district, and shall also
have the authority in the discretion Of
said commission to contract for the
whole of said work or part Of same
or 1t may do the work by purchasing
a dredging machine or 1t may hire a
dredging machine, provided said con-
tract Is let to the lowest responsible
bidder with good and sufficient secur-
ity.
Sec. 5. Said commission shall per-
sonally view and examine the lands
embraced within the radius Of the pro-
posed drainage district, and classify
1t with reference to the benefits 1t
will receive from the canalling con-
templated, and the lands thus benefited
shall be separated into three classes;
the lands receiving the highest bene-
fits shall be class A; that receiving
the next highest class B, and the lands
receiving the smallest benefits class
G. The holdings Of any one land own
er need not necessarily be all In one
class, but the number of acres In each
class shall be ascertained, though It's
boundaries need not be marked on the
land or shown on any map, but the
total number Of acres. owned by each
person in each class and the total
number Of acres benefited, shall be
determined. The total number Of acres
of each class in the proposed drainage
district shall be estimated as nearly
as practicable and placed In tabulated
form, and the scale Of assessments
upon the several classes Of land as
found and tabulated by the said drain
age commission shall be in the ratio
5, 4, 3, that Is to say as often as 5
mills per acre is assessed against class
A, mills per acre shall be assessed
against class B, and mills assessed
against class c. This shall form the
basis of assessments Of benefits to
the lands, and after said commission
has assessed the lands, they shall give
ten days notice In writing, posted In
five public places within the proposed
drainage district or in the county pa
per, appointing a day on which they
will sit as body to hear and deter
mine all complaints filed with them Of
the assessments made against said
lands and shall have the right to hear
any and all evidence introduced in said
matter and determine and fix the
proper assessments against all lands
within the radius set forth in the said
drainage district.
Sec. 6. After the classification Of
the land and the ratio Of assessments Of
the different classes to be made there
on has been made, formulated and tab
ulated by the said commission, the said
commission shall prepare an assess
ment roll of all the lands and the
amount Of the assessment against each
Of the several tracts Of land. And In
this assessment roll the to-
tai cost of the improvements contem-
plated and all incidental expenses shall
be the amount which shall be borne
by the lands benefited. And this
shall be assessed against the
several tracts of land according to
the benefits received. This roll show
ipor tho opoonpt acooooad opd 40