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or liabilities of any other person. Should it appear at any time that the assessment of benefits at any time is insufficient to complete the work, and pay expenses in connection therewith, the superintendent of construction may file his petition asking the court for an additional assessment. Five days' notice of the filing of such petition shall be given to every person or corporation assessed for such work, or to the attorney of record of such person or corporation, which notice shall be given and served in the same manner as the notice of the filing of the original petition. On or before the expiration of such five days' notice any person interested may file any answer or objection to such petition. The court after the expiration of such time or after hearing the answer or objection, if one be filed and if satisfied of the necessity therefor, may make an additional assessment on all the lands originally assessed as benefited and in proportion to such original assessments and the same, or so much thereof as may be necessary, shall be first liens upon the lands against which they are assessed and shall be collected as hereinbefore provided in case of the original assessments. The superintendent of construction or any person interested in such work may also file with the court a supplemental petition showing that lands not assessed for benefits or damages are affected, as the petitioner believes, by such drainage, whether such lands are or are not described in the petition or in either report of the drainage commissioners. Notice of such supplemental petition shall be given as provided in case of the filing of the original petition. The court shall refer such supplemental petition to the drainage commissioners to report thereon; and all proceedings may be had thereon and orders and decrees made in relation thereto, including the construction of additional arms or branches as if it were an original petition; but the proceedings thereon shall not affect the original petition, unless the court for good cause shall order the petitions consolidated. Any such order, however, shall not hinder or delay the original work or drainage.

See notes to section 5629, Burns' R. S. 1901.

5630. Petition to county commissioners-Proceedings.-9. When any proposed work of drainage and the lands, highways, easements, public grounds and cities, towns or townships to be affected thereby are wholly with [in] one county the petitioner or petitioners for such drainage, instead of applying for the same to the circuit or superior court as provided in section two of this act, may apply therefor by petition to the board of commissioners of such county at any regular monthly session of such county board, and all provisions hereinbefore made as to such petitions; notice of the hearing thereof, demurrer, pleading or motion in relation thereto, hearing thereof, dismissal or amendment of the petition and references to the drainage commissioners appointment and duties of engineers, preliminary report of the drainage commissioners, remonstrance and exceptions thereto and action and ruling therein; reference again of the petition to the drainage commissioners for a final report, action on such final report, allowance and payment of claims, and all other matters in

relation to such work, shall be had and conducted as far as applicable by and under direction of such board of county commissioners, as hereinbefore provided for the circuit or superior court when application for such drainage is made to such circuit or superior court, except as provided in this section. Appeal from the action of the county board on the preliminary report of the drainage commissioners may be taken to the circuit or superior court of the county within the time and in the manner provided in section three of this act in case of appeal from the action of the circuit or superior court to the supreme court, and a like appeal, taken within like time and in like manner, may be had to the supreme court from the decision of the circuit or superior court on the appeal from the board. On the making of the final report of the drainage commissioners remonstrances may be made thereto and action had by the board thereon as provided in case of consideration of such final report by the circuit or superior court, when the petition is filed in such court; and from the decision of the board on such last report there may be an appeal as hereinbefore provided to the circuit or superior court. In any appeal the reports of the drainage commissioners shall be prima facie evidence of the facts stated in such reports, whether before the board of commissioners, in the circuit or superior court or in the supreme court. If the assessments are confirmed and the work of drainage established, the board shall refer the same to a superintendent of construction, who shall qualify, give bond and proceed to the collection of assessments and the construction of the work, as hereinbefore provided in sections five and seven of this act. The county auditor, in case of the filing of a petition for drainage before the county board, shall perform all the duties provided to be performed by the clerk of the circuit court when such petition is filed in the circuit court or superior court, and the board of commissioners, in case of the filing of such petition before the board is given all the powers and required to perform all the duties in regard to such work of drainage, so far as the same are applicable, that have hereinbefore been prescribed for the circuit or superior court save and except such board shall have no jurisdiction over any work of drainage where any part thereof or any lands to be affected thereby are situated in another county; and except also that such county board in case such work is done under the direction of the board, shall have no power to issue drainage bonds, as provided for in section six of this act, but in such case the collections on assessments shall be made and the costs and expenses of such drainage paid as provided for in section five of this act, and not otherwise. The board of county commissioners shall have no power to construct any work of drainage except in pursuance of the provisions of this act. Whenever it shall appear by the statements in a petition for drainage filed under provisions of this section, that the same if constructed will not, with all its branches, exceed two miles in length, and will not cost to exceed three hundred dollars exclusive of the tile that may be used therein, and that the surveyor of the county is not interested therein, or related to the par

ties likely to be affected thereby, the auditor of the county shall refer the same at once to the surveyor of the county, and it shall be his duty to investigate and report therein to the auditor of such county within thirty days, and in so doing he shall perform and have all the duties and powers granted by this act to engineers, drainage commissioners and viewers in drainage proceedings. Upon the filing of such report, the auditor shall issue a notice to each land owner named therein, in which he shall set forth in proper blanks:

First. A general description of the route of said ditch.

Second. The names of the land owners named therein.

Third. A general description of such owner's land and the amount such land is assessed for benefits or damages.

Fourth. The day when the same will be heard by the board of commissioners, which shall be at the next ditch day, by the rules of such board that it is not less than fifteen days after such report is filed with the auditor. If the petitioner ask to serve such notices he may do so, but if he fails to call within three days after the filing of such report therefor or if he fails to serve the same, they shall be delivered to the sheriff of the county where such land owners reside, and such sheriff shal! immediately serve the same as summons is served in civil actions, the cost thereof to be taxed to the petitioner as a part of the expense to be paid by him in said matter. Upon the day set for the hearing if the board of commissioners find that all persons named in said report have been notified thereof more than ten days prior to such day, they shall proceed to hear the same, and in so doing shall have power to hear and determine said matter the same as is granted in such proceedings to the circuit court and make such changes in plan of said work and to change and modify the assessments of benefits and damages as is granted to said court in this act. And every land owner shall have the right, and it shall be his duty, to file such objection thereto as might or could be done in such proceedings in the other sections of this act. If any land owner shall be dissatisfied with the judgment of such board, he shall have the right to appeal therefrom in the same manner that appeals are taken from other decisions of such board; and the court to which such appeal is taken shall have the power to hear and determine such matters as if it originated in such court. At all of such hearings the report of the surveyor shall be evidence of the fact therein stated, and the burden of changing such report shall be upon the remonstrant. Such ditch shall be constructed and repaired in the same manner as in the act provided for the construction and repair of other ditches. If it shall appear to the board that notice has not been given to all persons affected as hereinto provided, the hearing of such matter shall be continued till they shall have received notice when such matter shall be heard, and if it appears by affidavit at any time that any land owner is a non-resident of the state, or his residence is unknown, the auditor of said county shall give notice of such matter in the same

way and for the same time that notices are given to non-residence [residents] in civil actions in the circuit court.

See sections 5655-5689, Burns' R. S. 1901, and notes.

By the act of February 28, 1903, Acts 1903, p. 120, and the act of March 7, 1903, Acts 1903, p. 186, new statutes and amending statutes were enacted concerning the construction of drains under the authority of county commissioners, but such acts are deemed repealed by this act.

See sections 5644-5649, for act protecting fresh water lakes.

County boards have power to order the construction of public drains over, along, and across, the rights of way of railroad companies. Baltimore Ry. Co. v. Board, 156 Ind. 260.

Construction of section 5655 et seq., Burns' R. S. 1901, conferring power upon county commissioners to establish and construct drains. Strayer v. Taylor, 163 Ind. 230.

When lands are not accurately described in proceedings for the construction of drains, such misdescriptions may be corrected after the drain is constructed. Ager v. State, 162 Ind. 538.

A petition for the establishment of a drain will not be held insufficient when first attacked on appeal to the supreme court, unless there is a total absence of an averment of some fact required by law to be stated. Shoemaker v. Williamson, 156 Ind. 384.

When the principal object of a work is the construction of a levee, a county board can not order such work done in connection with the construction of a drain. Royse v. Evansville R. R. Co. 160 Ind. 592.

Interested parties may set forth in a remonstrance against the establishment of a drain any legal objection to the proposed work as a whole, or an objection to a particular assessment of benefits or damages. Trittipo v. Beaver, 155 Ind. 652; Makeever v. Martindale, 156 Ind. 655.

If a remonstrance is filed against the report of viewers and reviewers are appointed, the remonstrator need not remonstrate against the report of the reviewers in order to appeal and have his objections tried in the circuit court. Inwood v. Smith, 156 Ind. 687.

If a remonstrator does not file a bond to cover costs and expenses as provided by statute, his remonstrance may be disregarded and no issue will be presented on an appeal by him. Makeever v. Martindale, 156 Ind. 655.

If reviewers report against the public utility of a proposed drain and the proceeding is dismissed, no appeal will lie from the order of dismissal. Oathout v. Seabrooke, 159 Ind. 529.

When a board of commissioners acquires jurisdiction in drainage proceedings, all errors and irregularities must be corrected by an appeal and they do not afford cause for an injunction. Baltimore Ry. Co. v. Board, 156 Ind. 260.

If a remonstrator does not file a bond with his remonstrance as provided by statute, and the remonstrance is disregarded by the county board, no issue is presented on an appeal by such remonstrator. Makeever v. Martindale, 156 Ind. 655.

If a remonstrance is filed and reviewers are appointed, the remonstrator need not remonstrate against the report of such reviewers in order to have his objections tried on appeal to the circuit court. Inwood v. Smith, 156 Ind. 687.

If exceptions filed to the report of an engineer in charge of the construction of a drain are overruled by the county board, no appeal will lie from such action. Studabaker v. Board, 161 Ind. 583.

If reviewers report against the public utility of a proposed drain, and the county board dismisses the proceedings, no appeal lies from the order of dismissal. Oathout v. Seabrooke, 159 Ind. 529.

On an appeal to the circuit court in drainage proceedings a complete transcript of all the proceedings had before the county board, together with the original papers in the cause, must be filed in order to confer authority on the court to try the cause. Toy v. Craig, 158 Ind. 444.

When the interests of remonstrators are separate, and not joint, the issues as to each are to be determined separately, and each must reserve all objections by a separate motion for a new trial, or otherwise. Yeoman v. Shaeffer, 155 Ind. 308.

On an appeal in drainage proceedings from a county board, all issues raised by remonstrance are to be tried de novo, and the burden is upon the petitioners to establish the facts that are in issue. Trittipo v. Beaver, 155 Ind. 652.

5631. Repairs - How made-Assessments Appeal.-10. After the construction of any work of drainage as provided in this act, or under any law heretofore in force, the county surveyor of the county in which the proceedings were had in the construction thereof, shall keep the same in repair to the full dimensions as to width and depth, and as required in the original specifications: Provided, That no earth taken out of such ditch shall be placed nearer the banks of such ditch than such specifications required, nor nearer than two feet to the edge of such ditch as the bank of such ditch is at the time such repairs are made: Provided, That such parts of public drains as are within the corporate limits of any city. or town shall be kept in repair by such city or town; and also that any city or town may convert into a sewer any part of any drain within such corporate limits, and to that end, may change the location of any such part of such drain on condition only that such change of location or conversion of such drain into a sewer shall not injuriously affect the general purpose of such drainage, and that no lands outside such corporate limits shall be charged thereby with any additional burden. Such work or repairs shall be let as a whole or by sections, as the surveyor may deem for the best interests of the parties to be affected and the lowest and best bidder or bidders, after notice first given for ten days by posting in three public places in each township into which such work extends, and near to the line of the work, and one at the door of the court house of each county into which such work extends. Other things being equal, the contract for such repairs may be let in preference to the persons who are to be assessed for the same, to the extent of their probable assessments, respectively. The county surveyor shall certify the cost of repairs, includ ing his own per diem and that of his necessary assistants, of so much of any drain repaired under his direction as lies within any county, as soon as such repairs are completed; and the auditor shall thereupon draw his warrants therefor on the county treasurer payable to the proper persons, which warrant shall, for the time being, be paid out of the county reve. nue, but the treasury shall be reimbursed therefor as hereinafter pro. vided. The compensation of the county surveyor shall be four dollars per day for the time in which he shall be actually engaged, and should

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