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

tarN to draw warrant in favor Of
 such contractor for ninety .t90) per
 cent of the work done according to
 the specifications and contract and
 upon the presentation of such warrant
 properly signed by the chairman and
 secretary. to the treasurer of the drain
 age fund he shall pay the amount due
 thereon. When the work is fully com
 pleted and accepted by the superin-
 tendent he shall make an estimate Tor
 the whole amount due, including the
 amounts withheld on the previous
 monthly estimates which shall he paid
 from the drainage fund as herein pro
 vioed.
 Sec. 2T. If any contractor to wtom
 said work shall have been let shall
 fail to perform the same according to
 the terms specified in hls contract. ac-
 tioI may be had In behalf of the board of drainage commissioners against
 such contractor and his bond, in the
 court of probate for damages sustained by the levee or drainage district and recovery made against such. contractor and his sureties. In such an event the work shall be advertised and relet in the same manner as the original let ting.
 Sec 2S. In the construction of the work the contractor shall have the right to enter upon the lands neces- sary for this purpose and the rlsh. to remove private or public bridges or fences and to cross private lands 1 In going to or from the work. In case the right of way of the improvement | is through timber the owner thoreof shall have the right to remove it if he 80 desires before the work of con- struction begins.
 ! Sec. % Where any public ditch. drain l or watercourse established under the ! provisions of this act crosses a public l., ,t..ts ott of l. | ing the same across the highway or | removing old bridges or building new | ones or enlargng old ones shall pc
 paid for from the funds of the drain age district. Wherever any higE way within the levee or drainage district shall be beneflcially affected by the ] construction of any improvement or | iufproV ements in such district 1t shall | be the duty of the viewers appointed 1 to classify the land to give In lhe1r | report the amount of benefit to sucn 1 highway and notice shall be given ny l the court of probate to the clerk of the | board of county commissioners in the
 county where the road is located of l th, amount of such assessment and l the county commissioners shall have l the right 10 appear before the court
 and file objections on behalf or the l county the same as any lahooN hsf' | When 1t shall become necessary Tor l the 0fAlnaEe t' any bridge or construct new brose | across the highway by reason or en- l largins any watercourse or or eNca= | vating any canal intersectlhs such highway the said bridge shall there | after be maintained by and at the eN- uense of the board of commissioners | of such county or by such other or fcial board or authority as by law | shall be required to maintain such hiphway so interseeted.
 l Sec 30. Whenever the board or view CTS shall make survey TOT the ppt- pose of locating public leVee or 1 drainage district or changing d h'.
 ural watercourse and the same wouia
 cross the right of way of any railroad 1 company 1t shall be the duty Of the | board of viewers to promptly nVilS the railroad company by serving Wrle-
 ten notice upon the agent or such co'h- pany or its lessee or receiver that .hey will meet the company at the place
 where the proposed district, ditch ifain
 or uratercourse crosses the right of way
 oy such company, said notice fixing tune
 of such meeting, which shall not De less
 than ten 10) days after the serNioe
 of the same, for the purpose or cohief
 ring with said railroad company Win
 relation to the place where ana tue
 manner in which said ifppfoNen,ei"i. "
 shall cross such right of way When tha tire fixed for such conference shall
 have arrived, unless for good cause more time Is agreed upon, 1t snail pc the duty of the board of viewers anu the railroad company to agree, II pos sIble, upon the place where ana tue manner and method in which such m .
 provement shall cross such rlsnt oi
 way If the board of viewers and the
 railroad company cannot agree, or If the , railroad company shall fail. neglect or refuse to confer with the viewers, stio viewers shall determine the place anu manner of crossing the right of way or said railroad company and shall speciy the number and size of openings re. ouired and the damages. if any, to saio railroad company and so specify Tn their report to the court. and they shail : further specify that they could not apree with the railroad company or that the latter failed, neglected or re- fused to confer with them. The rali- |, road company or companies shall be re- ouired to construct. build and maintain any new bridges or culverts, or to en- large. strengthen, reconstruct or replace any old ones at it's or their own ex- pense, in all cases where the drainage [ improvements follow swales. bayous natural watercourses or existing water
 ways and intersect said railroad or rail 5 roads and such expenses incurred In l building, constructing and maintaining such bridges. or by enlarging, strength ening, reconstructing or replacing Id - ones shall not be considered as damages 3 to the said railroad company or com panies but where new bridges or cul- v.rts are required across railroad rights of way, because the drainage improve : ments do not follow swales, bayous natural watercourses or existing water ways the expenses of building sucf , bridges and culverts shall be borne by f lthe drainage district. The board oi . viewers shall also assess the benefits that will accrue to the right of way 3 roadbed and other property of saic t company by affording better drainage q I Il better outlet for drainage but no ben I efits shall be assessed because of the :, Increase in business that may come tc 1 said road due to the construction of the q drainage improvements Such benehts e shall be assessed as provided in sectior S IT of this act and shall be reported f. by the board of viewers as an assess ment due personally from the railroat f company and unless the same Is pait e when due by the company as an assess a ment, it may be collected In the manner of an ordinary debt in any court hay d ing Jurisdiction.
 - Sec. 31. The court of probate shal I have notice served upon the railroad a company of the time and place of tn, e meeting to hear and determine the fra report of the board of viewers. and thu said railroad company shall have th' Q right to file objections to said repor f and to appeal from the findings of th n board of viewers, in the same manne e as any landowner. but such an appea Q shall not delay or defeat the construc 2 tion of the improvement
 e Sec. 32. After the contract is let ant