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

sary to raise the money more expedi-
 tiously, then and under such conditions
 additional bonds may be issued in such aggregate sum as may be necessary. The
 proceedings for the issue of such addi- l uonal bonds shall be substantially as fol- 1 icws; The board of drainage commis- sioners shall file their petition with the court of probate, setting forth all the | facts which require the expenditure of i more money and the issue of additional bonds to complete the drainage system, which shall be accompanied by the rec
 ommendation of the drainage engineer, 1 who was one of the original viewers, or
 some other expert drainage engineer se- 1 lected by the drainage commissioners l whereupon the court shall issue notice | to all the owners of land within the dis l trict, reciting the substance of the peti- | ton and directing each to appear before
 the court on a day certain, not less than
 twenty (20) days after the service upon l all the parties, and to show cause, if any l they have why the additional bonds l should not be authorized, which notice l shall be served personally on each land owner by reading the same. and by leav- | ing a copy, and, If the same cannot be personally served. then it snail be served in the manner authorized by law. Any landowner may file an answer denying any material allegation in the petition or setting forth any valid objection to same before the return day thereof. Upon the day when said notice Is returnable, or on such day as to which the same may have been continued, the court shall proceed to hear the petition and answers. If the court shall find that the allegations of the petition are true. and that the issue of additional bonds is advisab ble or necessary the court shall make an appropriate order authorizing and directing the issue Of such additional bonds, fixing the amount of such issue, the date of same, the time when the interest and principal shall be payable, and all other matters neces- sary and appropriate in the premises. Any landowner may appeal from the order of the court of probate to the circuit court or court of like Jurisdiction and on such appeal only the issues raised in the answer shall be considered. After the court shall have ordered the addi- tional issue of bonds, the further pro- cedure as to the assessment rolls, the levying and collecting of the drainage taxes, the disbursement of the revenue therefrom for the payment of said bonds and interest thereon, and all further pro cedure shall be the same as provided in this act. The additional bonds issued shall not exceed twenty-five (25 per cent of the total amount originally issued. The additional issue of bonds shall bear in- terest not to exceed six (6) per cent per annum payable semi-annually, and may be made payable in ten Q0) annual in- stallments, or lesser number of annual installments as nearly equal may be, as recommended by the board of drainage commissioners and approved by the court.
 Sec. Al. The provisions of this act shall be liberally construed to promote the leveeing, ditching. draining and re- olamation of wet and overfowed lands. The collection of the assessment shall not be defeated, where the proper no- tices have been given by reason of any defect in the proceedings occurring prior to the order of the court confirming Inc final report of the viewers; but such CT der or orders shall be conclusive and final that all prior proceedings were regular and according to law. unless they were appealed from. If on appeal the court shall deem 1t just and proper to release any person or to modify his assessment or liability, 1t shall in no manner affect the rights and legality of any person other than the appellant, and the failure to appeal from the order of the court within the time specified shall be a waiver of any illegality in the pro- ceedings, and the remedies provided for in this act shall exclude all other rem edies.
 Sec. 42. Any engineer, viewer super intendent of construction or other per. son appointed under this act may be removed by the court, upon petition, for corruption. negligence of duties or any other good and satisfactory cause shown.
 Sec. 43. Whenever 1t may be desira- ble to construct widen. deepen, straight en or change any ditch drain. water course, or levee lying on or aiorg across or near the state line between the state of Alabama and the adjoining states, or whenever 1t may be desirable 10 construct, repair or improve any work CT drainage as provided for in this aVt, which ditch, drain, watercourse or oIh- CT work of drainage cannot be con structed. repaired or improved in the best manner without affecting lands in such adjoining states the board of drainage commissioners in the county or counties in which such work is located shall have authority to join with the proper officers of such adjacent county or counties of other states in the construction, widening. deepening, strengthening, repairing or
 improving of any such drain, ditch, watercourse, or other work of drain age. Such drainage commissioners in any county or counties of this state are given power jointly to enter into con- tracts with the proper officers of such county or counties in adjoining states to construct, repair or improve any sch work of drainage. each to pay such proportion of costs and expenses of the work as the contracting officials shall deem just. Such work of drainage shall be made on petition, as provided Tor in this act In relation to other works of drainage and all other provisions of this act, as far as applicable. shall gov ern the drainage commissioners and other officers of this state in relation to such joint work of drainage
 Sec. A. The board of drainage com missioners shall have the right and au- thority to enter into contracts or otfer agreements with the United States gov ernment or any department thereof, with persons. railroads, or other corporations with public corporations and the state government of this or other states with drainage, conservation or other ini- rrovement district in this or other states, for cooperating or assisting In constructing, maintaining. using snd operating the works of the district, or for making surveys and Investigations, or reports thereon, and may purchase, lease, or acquire land or other property in adjoining states in order to secure outlets, or for other purposes of this act and may let contracts or spend money for securing such outlets or oth- CT works in adjoining states which may be necessary to carry out the provisions of this act
 Sec. 45. All petitions provided for un- der this act may be signed by women whether married or single, provided they own land in the proposed district; guardians may sign for their wards; trustees. executors. and administrators may sign for the estate represented by them, and If the signature of any cor a6 hX