Year: 1864

of an act entitled '' An Act extending the Ac, ton of Replevm,' approved July 10th 1863. as directs the recognizance taken on issuing the writ of replevn, shall in no case be less than one hundred dollars, be, and the same is hereby repealed.

 SEC: ?. That the plaintiff may insert in the writ of replevin authorized by the act to which this is an addition, a direction for the attach ment of the property of the defendant, in the form allowed by law in other civil actions, and the officer to whom the writ is committed for service shall attach the property of the defend ant, according to such direction, or serve the said writ as summons as the plaintiff shall require, if the property which the officer is commanded by sad Writ to cause to be reple- vied cannot be found by him within his pre- cincts. And the plaintiff, if he establishes his right to the property so rot found or any part thereof, shall recover t!e yalue thereof in ad. dtion to damages for itz anlawfal detention. Approved, June 24lh, 1864.

 CHAPTER XIII.

 An Act in addition to "An Act in relation to

 Drains and Drain Companies

 Be it enacted by the Senate and House of Representatives, in General Assembly conven- ed

 SEC. l. That whenever a drain company shall have been duly organized, under and by virtue of the act passed May session 1861. to which act this is in addition, or by virtue of the act in addition thereto,passed May session 1862 the proprietors in said company, at meeting legally warned for that purpose, may, by two third vote of such meeting, alter the bounds of said company, by annexing to said company such land or lands adjoining thereto as the owner or owners thereof shall have applied to said company, in writing, to have so annexed and when so annexed, said application shall be recorded at length by the clerk of said compa- ny, and the owner or owners Of said lands shall thereupon be entitled to all the benefits, and hable to all the duties and responsibilities, of propretors of said drain company.

 SEC 2. Whenever any drain company shall have been organized as named in the next pre- ceding section, and said company, at meeting warned for that purpose, shall have authorized their scavengers by two=third voie of such rlaetiug, to 1ake such action as is necessary to dave tlc t3s,bGs of sid company altered, so as to annex to sai,i company any land or lands adjoining thereto, said scavengers may bring their petition to the superior court for the county in which such lands. so proposed to be annexed to said drain company are situated representing to said court the circumstances thereof, and praying to have said lapds embra- ced within the limits of said company ,and that the bounds of said company may he entended so as to include the same.

 SEC. 8 The petition of said scavengers, as provided for in this act, and also the petition of the proprietors, as provided for in the first section Of tie act of 1861, to which this act is in addition, shall be accompanied by 9 sum- mons, signed by sofne proper authority, direct ing the respondents in said petition to appear at the court to which said petition is returnable and make objection, if any they have, to the granting of the prayer in said petition. The said petition and summons may be served hY any proper officer or indifferent person leaving an attested copy of such petition and summons with each of the proprietors, at their usual place of abode, at least twelve days before the sitting of the court to which the same is retur. nabe; provided, that if either of said proprie- tors reside out of the town or towns where such lands are situated, then, if such attested copy shall be deposited by such officer, or in different person, in any post office in such town or towns, postage paid directed to the address of such proprietor. as near as the same can be ascertained, at least twelve days before the sit ting of said court, then such proprietor shall be deemed to have received due notice of the pendency of such petition, and to have been legally summoned to answer thereto' Upon the hearing of said petition, either of said pet- toners or respondents may appear and be heard, by themselves, their witnesses and at torneys; and said court may issue all order granting the prayer of the petitioners, and may tax the costs in said case, as said court shall deem just and right; and where said petition is brought by the scavengers, praying for the al- iteration of the bounds of their company, said order shall fix and establish the bounds of said company, embracing within the limits of said company so much of the respondents lands as said court shall deem best

 SEC, 4. Whenever any alteration shall be made in the bounds of drain company, accor- ding 10 the provisions of this act, and whenev- CT any change shali he made, by sale or other wise, in the ownership of aHy lands within the limits Of drain company, by which any propri, etor's interest shall be charged, or any person shall have an interest n0t before assessed to him or her, then in either of said cases the sea- vengers may proceed ilDmediately, or within a reasonable time after such alteration or change shall have been made, snd shall have come to their knowledge, to ascertain and determine the quantity of land owned by each proprietor thus embraced within the limits of said compa- ny, and the quantity of land owned by any per son not before assessed to him, and the propor- tion of benefit which any such owner and pro- prietor will receive from the opening or clear ing of the drains &c.; and having assessed the same in such proportions as said scayengers deem equal and just, they shall cause such as sessment to be recorded by the clerk of said company, and said assessment shall have the same effect as though made in accordance with the provisions of the fourth section of the act Of 1861. to which this act is an addition.

 SEC. D. If the name of any proprietor of land embraced within the limits of a drain company shall have been omitted, by mistake, from the original petition of the proprietors for the or ganization of said company, or from the peti ton of the scayengers for the alteration of the bounds of said company, or from the warning issued by justice of the peace, in conformity with the second section of an act in addition tc ''An Act relating to Drains and Drain Compa nies,' passed May Session 1862, such omis sion shall not have, nor be considered as hay ing had, the effect in any manner, of invalida ting said petition or warning, or the proceed ing3 had thereon hut said proprietor ma, bring his petition to the superior court for tn county in which such land is situated. prayin

 to be relieved from the liabilities of proprie

 tor in said company, and said court may gran such relief, and may tax the costs in said cast as shall be deemed just and right. All sui,

 and DctitOnS apaiust A drain oomnapy eb.lI h