The Birmingham age-herald., 1915-06-21

work can be most conveniently done. At the time agreed upon the said rail road company shall remove it's rails. ties, stringers and such other obstruc- uons as may he necessary to permit the excavation of the channel across it's right of way The work shall be so planned and conducted as to interf, re In the least possible manner with the business of the said railroad. If the Sls perintendent of construction and the railroad company shall not be able to agree as to the exact time at which such work can be done, including the time of beginning and the time to be consumed in such work. either party may give written notice thereof to the president of the railroad commission of the state and thereupon the said railroad com mission shall cause an investigation 10 be made, and after hearing both parties shall fix the time of beginning such work and the time to be consumed in such work Of construction. and the final determination of the railroad commits sion thereon shall be binding upon the superintendent of construction repre- senting the district and the railroad company, and the work shall be done Tn such time may be fixed by the said railroad commission In casa the railroad company refuses and fails to remove it's track or tracks So oS to fSi mt tue construction or work on It's right of way and the passage of the necessary equipment of the con tractor, 1t shall be held as delaying the construction of the improvement and such company shall be liable to a pen- nlty of $25 per day for each day of delay, to be collected by the board of drainage commissioners for the benefit or the drainage district as in the case of other penalties. Such a fine may be eollectedSin any court having jurisdic- ton and shall inure 10 the benefit tien. and shall inure to the benefit of the drainage district Within thirty t3o) days after the work is completed an itemized bill for the actual ex- penses incurred by the railroad com rany Tor opening it's tracks shall pc made and presented to the superin- tendent or construction of the drain age district Such bill however. shall moi include the cost of putting in n new bridge or strengthening or en- 1 larging an old one, except as herein provided. The superintendent of con struction shall audit this bill ana if found correct, approve the same and Tile 1t with the secretary of the board or drainage commi ssi oners. who shall reimburse the said railroad company for such expense.
 See. 33. Whenever any improvement constructed under this act is com
 
 supervision of the board of drainage | commissioners. It shall be the duty | of said board to keep the levee, ditch, ] drain watercourse. or any other inn | provements in good repair, and for this purpose they may levy an assessment on the lands benefited by the construe- tion of such improvement In the same manner and In the same properties as l the original assessments were made, | and the fund that Is collected shall be | used for repairing and maintaining the | ditch, drain, watercourse. or other i'm | provements in perfect order; provided, | however, that if any repairs are made necessary by the act or negligence Of the owner of any land through which such improvement is constructed or by | the act or negligence of his agent or employe. or if the same is caused by | the cattle. hogs. or other stock of said | owner. employe or agent, then the cost l thereof shall be assessed and llvied against the lands of said owner alone. to be collected by proper suit insti- l tuted by the drainage commissioners 1, provided. further, that when 1t shall | become necessary to repair any bridge l or construct a new bridge across any railroad by reason of enlarging any | watercourse or of excavating any canal intersecting, or by reason of wear and tear and natural deterioration of sucn bridge or structure. such repairs, main tenance and Improvements shall be | made at the expense of the said rail- road. It shall be unlawful for any person to injure or damage or obstruct any improvements constructed under l the provisions of this act or to build any bridge. fence or floodgate across | any levee, ditch, drain or watercourse, or any other improvement constructed under the provisions of this act with out securing the prior written consent I of the board of drainage commission : 1 CTS and any person causing any injury. damage or obstruction, or building any l bridge. fence or floodgate without the consent of the board of commissioners shall be deemed guilty of misde- | meanor, and upon conviction thereof may be fined not less than fifty (S50) dollars nor more than one thousand | (Sl000) dollars, in the discretion of the court.
 1 Sec. 34. The owner of any land that has been assessed for the cost of the construction of any ditch, drain. wa l tercourse. or other drainage improve | mont as herein provided shall have the | right to use the ditch. drain or water course as an outlet for lateral drains
 from said land; and if said land Is separated from the ditch. drain. water 1 course or other drainage improvement by the land of another or others, and the owner thereof shall be unable to agree with said other or others as to the terms and conditions on which he may enter their lands and construct
 said drain or ditch, he may file his
 ancillary petition in such pending pro ceeding to the court and the procedure | shall be as now provided by law. When
 the ditch Is constructed 1t shall be-
 come part of the drainage system
 and shall be under the control of the
 board of drainage commi missioners and
 be kept in repair by them as herein provided.
 Sec 35. After the classification oi
 lands and the ratio of assessments Ji
 the different classes to be made there
 on has been confirmed by the court
 the board of drainage commissioners
 shall ascertain the total cost of tlit
 improvement including damages
 awarded to be paid to owners of land
 ali costs of incidental expenses. inciud.
 ing a reasonable attorneys fee a,
 counsel to petitioners in conducting ih.
 proceedings in behalf of the petitioners
 as also including an amount sufficicn
 to pay the necessary expenses of main taining the improvement for period
 of five years after the completion o
 the work of construction, after deduct ing therefrom any special assessment
 made against any railroad or highway
 and thereupon, the board of drainage
 commi ssioners. under the hand of ths president and secretary of the board
 shall certify to the court of probate
 tho said total costs ascertained n, aforesaid and the said certificate shal he herewith recorded In the drainage
 record and open to inspection of an, landowner in the district. The board o drainage commi ssioners shall immedi
 ately prepare, in duplicate. the assess ment rolls. giving thereon the names