SEC. CHAPTER 83. LANDS OF THE STATE. Section numbers to notes refer to Revised Statutes of 1901. Sections omitted have not been construed since 1901. 7189a. Michigan road land patents. [Acts 1905, p. 178. In force April 15, 1905.] 7189a. Michigan road land patents.-1. That the governor of this state be and is hereby authorized, empowered and directed in all cases where final payment has been made for any of said Michigan road lands and patents have not been issued to the purchaser thereof, upon the request of the owner of the whole or any part thereof, to issue a patent for such lands in the name of the original purchaser, and when so issued shall vest in the owner all the title and interest held by this state at the time of such final payment for the lands so purchased. SEC. CHAPTER 84. LEVEES AND DIKES. Section numbers to notes refer to Revised Statutes of 1901. Sections omitted have not been construed since 1901. 7202. Articles of association. SEC. 7225. Assessments, defense to tax. 7213. Survey, description of work, esti- 7230. Repairs, cost, assessment. [Acts 1905, p. 580. In force March 9, 1905.] 7202. Articles of association.-1. That any number of persons, not less than five, who may be interested in constructing any levee, dyke or break-water, ditch, open or covered, waste gates, or any work necessary to be efficient drainage and protection against overflow of land, subject thereto, may associate themselves together and adopt and subscribe articles which shall specify the name and objects of the association. This section amends section 7202, Burns' R. S. 1901. 7213. Survey-Description of work-Estimate.-12. Before causing said work to be commenced, or any assessment made therefor, the board of directors shall cause a careful survey of the proposed work, and have specifications thereof showing the height of levee, dyke or breakwater, above low water mark of any stream that overflows the lands against which such work is to protect the same, the inclination or gradient of the top, width of top or crown, slope of the sides, the altitude of ditch bottoms, relative to permanent "bench marks," slope of sides, width of bottom, size of tiles, description of waste gates or automatic "shut-outs," and the exact location of each item of said work by bearings and distances with reference to well defined land corners in the vicinity, or other prominent and permanent objects along the several lines of location, so that a good and intelligent description of the work will be had. Such work may include and appropriate any work heretofore done for the same object and under any law of this state by any person or persons, association or corporation, allowing such parties just credits for the value thereof, not exceeding what the same work of equal efficiency can be made for at the time of construction of the work herein contemplated: Provided, That no railroad embankments shall be so appropriated without the consent of the controllers thereof. Such work shall be shown by plats, profiles, drafts, etc., as such work is usually shown by civil engineers, and if practicable be divided into sections of from one-eighth to one-half mile each in length for the convenience of letting contracts for the construction thereof. The estimated cost of such work by sections, if so divided, and also by the whole, to which may be added the preliminary expenses, such as reasonable attorney's fees, engineer's and assessor's fees, advertising and other necessary and proper services, all of which work or proceeding shall at all times, during business hours, be open to the inspection of all persons interested therein. This section amends section 7213, Burns' R. S. 1901. 7214. Petition for work-Appraisers.-13. The board of directors may then apply to the board of commissioners of each county into which any part of the proposed work shall extend, and shall present to the said board of commissioners a petition signed by a majority of the resident land owners in such county, including members of the corporation of each county interested in the proposed work, praying for the appointment of appraisers, and on proof that a majority of such land owners are petitioners therefor, it shall be the duty of the board of county commissioners to appoint in each county three appraisers, not members of the association, or in any way interested in the proposed work, to the lands in that county affected thereby. The appraisers shall be furnished a copy of the plan and profile of the proposed work, to appraise the benefits and injuries which will result from the proposed work, together with a certified copy of the order of the board of commissioners for their appointment. Such appointment shall authorize said appraisers to meet at such time and place in said county for the purpose of making their appraisement as shall be fixed by the directors of such association. If any one of such appraisers shall die, remove from the county or decline to act, his place shall be supplied by the board of commissioners. This section amends section 7214, Burns' R. S. 1901. [Acts 1903, p. 29. In force February 19, 1903.] 7216. Report of appraisers, notice, hearing.-15. At the time and place named by the directors and fixed by such notices said appraisers shall meet and shall first examine the lands and roads which in their judgment will be affected by the proposed work and determine whether or not said proposed work will be of public utility; and if they find that said proposed work will be of public convenience or welfare, or will benefit the public health or any public road or roads, they shall find that said proposed work is of public utility, and the boards of commissioners and courts shall so find upon such facts when construing this act; but if the appraisers find the proposed work not to be of public utility, they shall forthwith file with the auditor of said county a report thereof, and the auditor shall fix a date within thirty days thereafter for the board of commissioners to hear and determine the question of public utility, and the auditor shall give notice of the time so fixed for such hearing by publication in some newspaper of general circulation, published in said county, by one publication ten days before the time so fixed and shall call the board of commissioners together to meet on the date so fixed, and the board of commissioners shall then hear the evidence offered by any person interested and shall determine whether or not said proposed work will be of public utility, and if the said board of commissioners finds said work not to be of public utility they shall dismiss the proceedings at the costs of the petitioners, but if the board of commissioners finds that said proposed work is of public utility, or if said appraisers find said proposed work to be of public utility, then and in either case, said appraisers shall proceed to examine all the lands in the county in which they have been appointed, the intrinsic or market value of which may be by them believed to be affected by the construction of the proposed work, or by the appropriation of all or any part thereof, for the right-of-way or other purposes of the association, specified in the application to the board of commissioners, under the thirteenth section of this act, or of any stone, timber, gravel or other material required by the association specified in such application; and said appraisers shall also examine all public and corporate roads by them believed to be benefited by the construction of said proposed work, and shall assess to the county, if the road is a state, county or free turnpike road, or to the city or town if it is a street, or to the corporation if it is a corporate road or railroad, the amount of such benefits, and said appraisers shall make out separate schedules of all such lands in parcels not larger than the smallest United States government subdivision of all such lands situated in each county, and shall assess to each tract the full and entire amount of such benefit, which it will in the opinion of a majority of them receive by the construction of the proposed work, without any regard to the cost of the work, and the injury which in the opinion of the majority of them it will sustain, and in determining such injuries they shall make due allowance and compensation for all lands appropriated for right-of-way and material for the construction of said proposed work, specified in the application to the board of commissioners, which schedules, together with the schedule of the assessments on public and corporate roads and their finding on the question of public utility, they shall return to the clerk of the association, in whose hands it shall remain open to inspection by any one interested in it until the meeting of the appraisers to equalize their assessment, as in this act provided: Provided, That no more full or specific description of any lands or statement of the name of the owners thereof shall be necessary in such schedule or assessment than is required by law to be placed on the tax duplicate of state and county taxes: And provided, further, That the application to the board of commissioners for the appointment of appraisers and publication to non residents shall be sufficient notice to the county, or service upon the auditor shall be sufficient notice to the county, and notice served upon residents of the county five days before the time fixed in such notice. shall be sufficient as to them under this act: And provided, further, That in case of appeal taken under the provisions of this act the question of said proposed work not being of public utility may be treated, made and considered as a legal objection: And provided, further, That section 25 of this act shall apply only to land and material needed for the construction of said proposed work which may have been omitted and not specified in the application to the board of commissioners, and to materials for maintenance and repair, and in case the damage for lands appropriated for right-of-way and materials, as specified in the application to the board of commissioners shall in any instance exceed the benefit to the lands so affected, such excess shall be considered as costs of construction and be paid for before such lands, right-of-way or material is used: Provided, That the provisions of this act shall in no wise affect. litigation now pending in any of the courts of this state. This section amends section 7216, Burns' R. S. 1901. [Acts 1905, p. 580. In force March 9, 1905.] 7224. Bonds for construction.-23. After all the preceding sections have been compled with, the directors of said association may apply to the board of county commissioners, at any regular session, to issue county bonds to raise the money to construct such work. The county commissioners, after being satisfied that the law has been complied with, shall cause the bonds of the county to be issued for the amount required to complete the work in such county, said bonds, running not to exceed fifteen years and at an annual interest not to exceed six per cent. payable semi-annually with the right to be paid after two years one-fifteenth of the whole amount, or such other part of the whole as the time to run may indicate, as one-twelfth, one-tenth, one-ninth, etc., as the case may be, to be paid each year; said bonds to be not less than one hundred dollars and not more than five hundred dollars each. The county treasurer may be designated to sell such bonds, not below their par value, if his bond as such treasurer be deemed by the county board sufficient to cover the amount, and if not sufficient then any bank or agency. which the board may deem responsible for the trust, may be elected to negotiate the sale of such bonds. Not more than one per cent. shall be paid to any party for selling said bonds and applying the proceeds thereof to the proper purposes. The money obtained from such bonds shall be paid to the treasurer of the association from time to time as the work progresses on the order of the board of directors. If any balance shall remain after the work is completed, such balance shall be covered into the county treasury and a pro rata credit entered on the tax duplicate to each party assessed for the construction of the work. Such bonds and interest may be paid at such time and place or places as the board of county commissioners may designate by |