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

to the court the name of each per
 son and the number of days employed
 on the survey and the kind of work
 said person was doing and any ex- penses that may have been incurred in
 eoing to and from the work and the cost of any supplies and material that may have been used in making a sur vey.
 Sec 19 In case the work is delayed ! by high water. sickness or any other | good cause. and the report is not com | pleted at the time fixed by the court, the board of viewers shall appear be- | fore the court and state in writing | cause of such failure and ask for suf- | ticient time in which to complete the work, and the court shall then set an
 other date by which the report shall
 be completed and filed
 ! Sec 20 When she final report, which |, shall contain a copy of the assessment | roll. is completed and filed. it shall he examined by the court and if 1t be 1 found to be in due form and in ac-
 cordance with the law, it shall be ac-
 cepted, and if not in due form it may | be referred back to the board of view CTS with instructions to secure further | information to he reported at sub | seouent date to be fixed hy the court. When the report Is fully completed and accepted by the court a date not less
 than twenty (20) days thereafter shall
 be fixed by the court for the final l hearing upon the report and notice
 tbareof shall be given by publication as herein defined. During this time | conv of the report shall be on file in l tho office of the court and shall be | cpen to the inspection of any lahn- | owner or other person interested with- | in the district.
 | Sec e1. At the date set for hearing
 any landowner may appear in person or
 bv counsel and file his objection in writ inc. to the report of the board of view
 crs. and it shall be the duty of the court to carefully review the report or the hoard of viewers and the oblecuons | filed thereto, and make such chang es as are necessary to render supstant'ai and equal justice to all the lahuoWhers ; in the district If in the opinion of the court the cost of construction together | with the amount of damages assessed | is not greater than the benefits that will accrue to the land affected, the coust shall confirm the report of View CTS If, however, the court mas that the cost of construction together wi'h the damages assessed Is greater than [! inc resulting benefit that will accrue
 to inc lands. affected the court shall
 dismiss the proceedings at the cost oi the petitioners. and the securities upon
 the bond or the signers of the articles
 of association so filed by them shall be liable for such costs. The court may
 from time to time collect from the peti-
 tioners such amounts as may be neces-
 sary to pay costs accruing.
 Sec 22 Any party aggrieved may
 within 10 days after the confirmation of : the final report appeal to the circuit court. or court of like Jurisdiction, in term time Such appeal shall be taken
 and prosecuted as now provided by law
 Such appeal shall be based and hehfd
 only upon the exceptions heretofore filed by the complaining party, either as to issue of law or fact and no ad-
 ditional exceptions shall be considered
 by the coart upon the hearing of the
 appeal
 See 23 ,rriIie court sfiaii provide a suit able book known as the drainage rec crd in which 1t shall transcribe every petition, notion order. report Judgment } CT finding of the board In every dram
 lage transaction that may come before II in such manner as to make complete land continuous record of the case Copies of all maps and profiles are te be furnished by the engineer ano marked by the court Official copies, which shall be kept on file in the office of the court and one other copy shal be pasted or otherwise attached to his record book.
 Sec 24. The board of drainage com |. civil engineer as superintendent of con struction Such person shall furnish | bond in amount to be fixed and approved , by the commissioners, conditioned upol the honest and faithful performance O , his duties, such bond to be in favor O the board of drainage commissioners. Sec 25 The board of drainage com } missioners shall cause notice to be siv ! en for two consecutive weeks in som' newspaper published in the count, . wherein such Improvements are located
 If such there be, in at least one en . gineering or contracting Journal havine , a national circulation. and such ad6i , tional publication elsewhere as the. . may deem expedient, of the time art , lplace of letting the work of construction
 l. of said improvement, and in such no
 tice they shall specify the approximate amount of work to be done and the tim ! fixed for the completion thereof; ant
 on the, date appointed for the letting they, together with the superintendent . of construction, shall convene and le ! the proposed work to the lowest resprn | sible bidder, either as whole or in sec tions, as they may deem most advan
 tageous for the district. The date O letting contracts shall be at least twen I ty (20) days after the date of first pub lication, exclusive of such date of pub lication No bid shall be entertained a that exceeds the estimated cost, excep n for good and satisfactory reasons 1
 shall be shown that the original est. : mate was erroneous. They shall hay s the right to reject all bids and adver , | tise the work again. if in their judg r ment the interest of the district vii l be subserved by so doing The success r full bidder shall be required to enter in to a contract with the board of drain . lage commissioners and to execute I bond for the faithful performance O q such contract, with sufficient suretiet = in favor of the board of drainage com ] missioners for the use and benefit of lh f levee or drainage district in an amour 9 equal to 25 per centum of the estimate l cost of the work awarded to him. l. T canvassing bids and letting the contract l. the superintendent of construction shsl 8 net only in an Advisory capacity to tn board of drainage commissioners Tn contract shall be based on the plan U and specifications submitted by tn :. board of viewers in their final report a : confirmed by the court, the original O V hich shall remain on file in the oftic
 of the court of probate and shall b l, open to the inspection of all prospectiv
 bidders. All bids shall be sealed an /, shall not be opened except un = Ider the authority of the boar a of drainage commissioners and on .h : day therefor appointed for opening tn d bids. The drainage commissioners shal : have power with the approval of tn e court to correct errors and modify tn y details of the report of the board . : viewers if in their judgment they ca e increase the efficiency of the drainag 6 plan and afford better drainage to tn r lands in the district without increasin n the estimated cost submitted by tn