The Birmingham age-herald., 1915-06-21
OFFICIAL TEXT OF THE LAWS OF ALABAMA PASSED
 BY LEGISLATURE AT THE EARLY SESSION OF 1915

tain the region which will he benefited by the proposed improvement, prepare a map or maps showing the approximate loca- ton of the proposed Improvements. de- tern,ine as closely as practicable the probable character. size and cost of the same, and shall file a preliminary report with the court setting forth: Q) Whether the proposed drainage Is practicable not CD Whether the proposed improve ments will benefit the land in question suf- ficiently to warrant the probable expendi- ture and the approximate area so bene- fited. (3) Whether or not all of the land benefited is included in the proposed dis trict. (4) Whether it will benefit the pub lie health or any public highway or be conducive to the general welfare of the community. The report shall also include the maps showing the approximate loca- tion of the proposed improvements. the approximate fall per mile of all ditch, drain or levee lines and an estimate of cost of the proposed work with such other in- formation may be necessary to make the report clear.
 Sec. 6. The court of probate shall con- slider this report If the engineer re-
 ports that the drainage is not practicable or that it will not benefit the public health or any public highway or be conducive to the general welfare of the community. and the court shall approve such findings, the petition shall be dismissed at the cost
 of the petitioners. Such petition or pro-
 ceedng may again be instituted by the same or additional landowners at any
 time six months after the dismissal of
 the petition upon proper allegations that conditions have changed or that ma terial facts were omitted overlooked. If the engineer reports that the drain age is practicable and that it will benefit the public health or any public highway, or be conducive to the general welfare of the community and the court shall so find, then the said court shall fix day when the report shall be further heard and considered.
 Sec. '. If the petitionNs entertained by the aforesaid court. notice shall be given by publication as defined in this act that on the date set. naming the day, the said court will consider and pass upon the re- port of the engineer.
 | Sec. 8. Any owner of real property in
 said proposed district who wishes to ob- ject to the organization and incorporation of said district shall. on or before the date set for the cause to be heard, file his objection why such district should not be organized and incorporated. On the date appointed for the hearing the court of probate shall hear and determine any | objections that may be offered to the re- | port of the engineer. If 1t appears that | there is any land within the proposed l levee or drainage district that will not | be affected by the leveeing or drainage l thereof such land shall be excluded and | the names of the owners withdrawn iron, such proceedings; and if it shall be shown | that there is any land not within the proposed district that will be affected by | the constructing of the proposed levee or drain, the boundary of the district shall be so changed as to include such land
 and such additional landowners shall be made parties plaintiff or defendant, re- spectively, and summons shall issue ac- | cordingly as hereinbefore provided. After | such change In the boundary is made, the | sufficiency of the petition shall be veri- | fled, to determine whether or not it con- | forms to the requirements of the statute as provided in section ?. Any perso | whose land are affected. may, at this stage of the proceedings, sign the peti-
 ton so al to render same sufficient. The efficiency of the drainage or levee may i also be determined, and it appears thai | the location of any levee or drain can be | changed so to make it more effective or that other branches or spurs should l be constructed. or that any branch or | spur projected may be eliminated or other ! change made that will tend to increase | the benefit of the proposed work, such notifications and changes shall be made at the directions of the court. The engi | neer may attend this meeting and give | any information or evidence that may bs sought to verify and substantiate his re. ports. If necessary the report as amend | ed shall be referred by the court to the l engineer for further report. Upon the
 said hearing, if it shall appear that tht
 purposes of this act would be subservet
 by the creation of drainage district thu
 court shall, after dsposng of all objec' tions ias justice and equity require by its findings, duly enter of record, adJudi
 cate all questions of Jurisdiction, declare
 the district organized as a body corpor'
 ate, giving 1t corporate name by whicf
 in all proceedings it shall thereafter bt l known, with all the powers of corpora ton, with power to sue and be sued, tc incur debts, liabilities and obligations, tt exercise the right of eminent domain fol the purposes of securing adequate out lets and such other rights of way as may l be necessary to carry out the intention Of this act and the right of assessment as herein provided; to issue bonds ant to do and perform all acts heratn ex pressly authorized and all acts neces | sary and proper for the carrying out O the purpose for which the district wal created. and for executing the power with which it is invested.
 Sec g. That the order of the court of probate establishing said distrlc
 shall have all the force of judgment If the court finds that any property
 set out in the report of the engineei
 should not be incorporated in the dis
 trict. the board of commi ssoners ol
 any owner of reality in the distric
 may within term time after the re
 fusal of the probate court to include
 said property in the district apr
 from the order of the court to the cir
 cult court or court of like Jurisdiction
 upon giving bond in sum to be fiAe(
 by the court, conditioned for the pay
 mont of costs if the appeal should b'
 decided against said petitioners. An,
 person or corporation owning land
 within the drainage district which h'
 or it thinks will not be benefited bl } the improvement and should not o'
 included in the district may appea , from the decision of the court to th' circuit court or court of like 5uris : diction in term time by filing an ap neal accompanied by bond approved } by the court, conditioned for the pay ment of the cost if the appeal snout ) be decided against him or it, for suci sum as the court may require.
 Sec. 10. That when the court of pro bate has established such district 1 shall appoint three owners Of req property within the district to act a 7 drainage commissioners and such per ! sons when so appointed and their sue
 cessors in office shall constitute an are hereby declared to be body DO style of the same selected as men tioned in this act by the court of pro } bate. Each of these commi ssio oner } shall take the oath of office as de
 clared by the constitution of the stat and shall also swear that he will no ) directly or indirectly be interested | any contract made by the board of ccm l v,iseioners save and exceptfnp ao ia