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

this state. for the purpose of carrSlng
 into effect the object of their ineoT-
 pofation. They shall elect from their
 own number a president and appoint
 such other officers, agents and attor-
 neys, and employ such persons as they
 may think necessary for the efficient
 management of their business and re-
 move them at pleasure. The comms-
 sioners appointed as aforesaid shall hold their offices, one for two t2) years one for four (4 years. and one
 for six t6) years from the date of their appointment, and until their success ors are appointed and qualified. On | the expiration of their terms of office
 their successors shall be appointed in like manner for the term of six f6) years thereafter; and they shall hold | their meetings at any time and place
 in the county or counties in which :, any part of the district Is situated upon the call of the president. All va cancies on the board shall be filled | by the court but if a majority in mum
 Der of the owners of real property In | the district shall petition for the ap- | pointment of particular persons as | commissioners. 1t shall be the duty of
 the court to appoint the persons so
 designated Any commissioner, viewer | or other officer of any district or l ganized under this act may be re-
 moved for cause upon a motion filed
 in the original court where said district
 was organized after due hearing.
 Sec. Il. If 1t shall be necessary to ac- quire a right of way or any outet over
 and through lands not affected ry the drainage, and the same cannot be ac- quired by purchase, then and In such event the power of eminent domain is hereby conferred, and such land may be condemned. Such owner or owners of the land proposed to be condemned may l.. A~c. ancillary proceeding as provided m the condemnation of right of way for rail- roads SO far as the same may be appliea- ble and such damages as may be awarded as compensation shall be paid by the board of drainage commissioners out of the first funds which shall be available from the proceeds of sales of Bonds or , otherwise.
 Sec 12 The board of drainage commis sioners of any district organized under
 this act or their employees or agents in cluding contractors and their employees and the engineer and members of the
 board of viewers and their assistants may enter upon the lands within or with
 out the district in order to make surveys and examinations to accomplish the nee ,] essary preliminary purposes of the ds l trict or to have access to the work. be
 ing liable. however, for actual damage done, but no unnecessary damage shal be done. Any person or corporau n pre- venting such entrance shall be guilty o1 a misdemeanor punishable by tae no exceeding fifty t50) dollars in the dis erection of the court.
 Sec. 13. The court of probate shar ap point a board of viewers consisting oi
 three persons, one to be a competent civi
 and drainage engineer, and the other two members of the board to be dislnter
 ested owners of realty in the county ol
 counties involved.
 Sec. IA. After the district Is established the court shall refer the report Of ths
 engineer back to the board of viewers tt , make complete survey planssa Id speci fications for the drainage for levees oi
 other i.,.prcv ve;iiessts aiid hs q tine w!ie. , | said engineer and viewers shall complete
 and file their report with the court, no exceeding ninety (90) days, unless further extension of time Is granted by thu court
 Sec. 15. The board of viewers shall hay,
 power to employ such assistance us ma, . be necessary to make a complete survey . l of the drainage district and shall entel . upon the ground and make a A'vey O . the main dratn or drains and all it's later
 als, make such survey and secure suci
 other data as may be deemed essentia , to the preparation of comprehensive . drainage plan. The line of each ditch | stantially marked on the ground, ant . other improvements located. A drainage : map of the district shall then be com pleted showing the location of the ditcl : or ditches and other improvements ant the boundary, as closely as may be deter mined by the records of the lands c~ne' , | by each individual landowner within , the district. The location of any railroad
 or public highways and the boundary O , lany incorporated towns or villages within , the district shall be shown on the map There shall also be prepared to accom- pany this map a profile of each levee drain or watercourse showing the sur ! face of the ground, the bottom or grad ] of the proposed Improvements and tn , number of cubic yards of excavation o
 | fill in each mile or fraction thereof. ant : the total cubic yards in the proposed i'm f provement and the estimated cost there . of, and plans and specifications. and ih s cost of any other work required to
 done.
 f l Sec 1s It shall be the further duty 0 the board of viewers to appraise tn
 damages claimed by anyone that ar 7 Justly right and due to them for lam f taken or for inconvenience imposed be cause of the construction of the improve r ment or for any other legal damages gus t tained Such damage shall be cors'i ,re : separate and apart from any benefit tn 3 lands would receive because of the pro l posed work, and shall be paid by tn board of drainage commissioners wne , funds shall come Into their hands.
 l Sec IT. When the 1evee and drain ago ditches or other improvement 8 herein provided for shall have bee 7 located and esta ablished as provided fo 3 in this act, the board of viewers shal 0 within twenty (20) days after thei 7 appointment begin to personally In . spect and classify all the lands bcnc l 1 nted by the location and constructio 6 l of such levee or drainage ditches | tracts of forty t40) acres or less ac cordinE to the legal or recognize 1 subdivisions in graduated scale Q . benefits to be numbered according [ I the benefit received by the propose n improvements; and they shall make
 equitable apportionment of the costs = exrenses, costs of construction, fee t and damages assessed for the construc 1 tiop of any such improvement an 5 make a report thereof in writing | : the court. In making the said assess - ment the lands receiving the greates d benefit shall be marked on scale 0 = 100 and those benefited in a less de q gree shall be marked with such per . certage of 100 as the benefit receive l. hears in proportion thereto. This class 8 jfcstion when finally established shal - remain as basis for all future as e easements connected with the object t of said levee and drainage district un n less the board of viewers for geo l. cause shall authorize revision there r of. If the first assessment made by tn - hoard of viewers Is insufficient to pa l. the cost of construction, addltionai as easements may be made In the sam ratio as the first and they shall nak l. additional assessments in like. name n for rapair4nr said fmprovem ents whc