The farmer and mechanic., 1915-04-20

AVA NXCOl1f1A\XO.
with the idea of transportation. OF
course with a sufficient volume of
water in your drainage canals light
draft boats would be easily floatable.
lhls, however. Is question for the
engineers.
Points in The Law.
now submit a brief description
Of some of the salient points OF the
law under which these vast works are
beng inaugurated in North Carolina
and carried TO completion. The fun
damental idea Of the North Carolina
| drainage law is exact justice to every
| character of land within the area. No
| drainage district can be formed until
after every precaution against injus-
| tee and failure has been exhausted. If
| the act IS followed implicitly and a
! district formed then successful drain
| age results as a matter of course 4
| failure of a drainage project is alb
lsolutely impossible under our law. The
| clerk Of our Superior court. CORE
| bonding TO your Circuit court, has
| initial Jurisdiction and power over the
i formation Of these drainage districts.
| fhe caption of our act embodies the
| constitutional idea Of police regulation
upon which the act is based. 1t is as
follows:
health. convenience and welfare by
leVylng, ditching and draining the wet
i swamp and over-fiowed lands of the
State, and providing for the esta blish-
ment of levy or drainage district for
the purpose of eniarginS or chang
) ing any natural water courses, and fol-
| digging bitches or canals for securing
, better drainage or providing better
outlet for drainage, for building levee:
or embankments, and inStalling~t tide
gates or pumping plants for the re-
clamatiOn Of Over-f1Owed land anC
. prescribing method for SO doing, and
j providing for the assessment and col
j lection Of the cost and expenses Of th'
: same and issuing and selling bond
t therefor, and for the care and main
S tenance Of such improvements whel
/ | constructed"
e Security Required.
: petition will only be consid ere
: by the court for the formation of
l. district when signed by majority O
t the resident land owners within an
Il proposed district or by the oN ner
e Of three-ffths Of all the land to b
IS affected by or assessed for the expens
of the Improvement [ do not set OF
III detail the necessary contents {
y these petitions. which must be allege
n with specific detail and accompanie
r by--full description maps and surve
IS when possible. Ample security is re
n quired for the cost in the event til
t petition fails, Notice is given I
10 every land owner concerned, eitht
n directly or remotely. The first ste
p taken by the court is the appOin
le tment Of a disinterested and comp
I'd tent civil and drainage engineer ar
l. two resident free-holders of the coul
" as a board Of viewers to exami1
a the lands and make a preliminary r
nrt fn ho vt Moi iC 9cra
I'd given in the public press of the PEI
10 Ilency of the petition. The We've
sc are sworn and after view, survey al
1e evidence heard they report upon Il
n. following points:
H. i. Whether the proposed drainage
ne ! practicable or not.
or 2. Whether it will benefit the pu
ne lie health or any public highway
d. be conducive to the general welfa
I'd of the community.
as g. Whether the Improvement pr
~ posed will benefit the lands sought
s. be benefited
to 4 Whether or not all the lands tn
at will be benefited are included in Il
no proposed drainage district
at The viewers make report to t
er court and accompany the same Wi
or a detailed map of the area. If tn
,st report that the drainage is not pra
II. ticab1e or that it will not benefit t
public health or any public highwa
va or be conducive to the general W.
Ike fare the petition is dismissed and t
err matter ends If conditions chan
q after six months new petition ~
be presented.
No Fair Notice Given.
ch When the court entertalnS the pc
CIV ton based upon the report Of t
ct viewers notice is given to all &C
no cerned of the time and place for
ed further consideration. All possit
ill objections are then heard and a n
ed view and survey may be ordered;
on descriptions may be enlarged TO "a
in more lands or limited to small
area. Any person interested may 8
.4h peal to our Superior court in te
VI time and have q Jury trial upon a
cOntrOverted matter. When these D
| IiminarieS are concluded the VIII
matter is again referred to the vie