thereon, cost of collection or other incidental expenses. These bonds shall bear interest at a rate not exceeding six per cent. per annum, payable semi-annually. The bonds shall be payable within twenty-five years, and shall be paid up in full at maturity. In order to provide for the payment of bonds at maturity, a “sinking fund" shall be provided as follows: Five years from the date of bond issue and at the same time each succeeding year for nineteen years thereafter, the Board of Drainage Commissioners shall collect from the several tracts assessed in the bond issue a sum of money, which, when placed in a bank and interest paid thereon at four per cent., compounded quarterly, shall equal the total assessment against all the tracts in the bond issue at the end of twenty years. This amount shall be placed in some State or National bank of reputable standing and shall bear four per cent. interest, compounded quarterly. This sum shall be collected along with the interest on the bonds and at the same time and in the same manner as State and county taxes are collected. At the date of maturity of the bonds, or at the end of twenty-five years, the said sum shall be paid over to the bondholders in liquidation of the said bonds. Said funds to be drawn out of the banks of deposit by the Clerk of the Court. In no case shall bonds be issued until the tax levy has been made to meet them as they come due. The bonds issued shall be for the exclusive use of the levee or drainage district specified on their face, and should be numbered by the Board of Drainage Commissioners and recorded in the drainage record, which record shall set out specifically the lands embraced in the district on which the tax has not been paid in full, and which land is assessed for the payment of the bonds issued and the interest thereon. The interest upon said bonds shall be paid to the holders thereof by the County Treasurer, warrant of the County Commissioners, who shall audit and approve the claims of the said bondholders. This assessment shall constitute the first and paramount lien, second only to State and county taxes, upon the lands assessed for the payment of said bonds and the interest thereon as they become due, and shall be collected in the same manner by the same officers as the State and county taxes are collected. If any installment of principal or interest represented by the said

A. D. 1911

A. D. 1911

Relevy.

penses.

bond shall not be paid at the time and in the manner when the
same shall become due and payable, and such default shall con-
tinue for a period of six months, the holder or holders of such
bond or bonds upon which default has been made may have a
right of action against said drainage district or the Board of
Drainage Commissioners of said district, and any Judge of the
Court of Common Pleas may issue a writ of mandamus against
the said drainage district, its officers, including the County
Commissioner, Auditor or Treasurer, directing the levying of a
tax or special assessment as herein provided, and the collection
of same, in such sum as may be necessary to meet any unpaid
installments of principal and interest and cost of action, and
such other remedies are hereby vested in the holder or holders
of such bond or bonds in default as may be authorized by law,
and the right of action is hereby vested in the holder or holders
of such bond upon which default has been made authorizing
them to institute suit against any officer on his official bond for
failure to perform any duty imposed by the provisions of this
Act. The official bonds of the County Commissioners and
County Treasurer shall be liable for the faithful performance
of the duties herein assigned them.

SEC. 35. Relevy.-Where the Clerk of the Court has con-
firmed an assessment for the construction of any public levee,
ditch or drain, and such assessment has been modified by the
court of superior jurisdiction, but for some unforeseen cause it
cannot be collected, the Board of Drainage Commissioners shall
have power to change or modify the assessment as originally
confirmed to conform to the judgment of the Court of Common
Pleas, and to cover any deficit that may have been caused by
the order of said court or unforeseen occurrence. The said
relevy shali be made for the additional sum required, in the
same ratio on the lands benefited as the original assessment
was made.

SEC. 36. Fees and Expenses.-Any engineer employed under Fees and ex- the provisions of this Act shall receive such compensation per diem for his services as shall be fixed and determined by the Drainage Commissioners. The viewers, other than the engineer, shall receive three dollars per day; the rodmen, axmen. chainmen and other laborers shall receive not to exceed two

dollars per day each. All other fees and costs incurred under the provisions of this Act shall be the same as provided by law for like services in other cases. Said costs and expenses shall be paid by the order of the Clerk of the Court, out of the drainage fund provided for that purpose, and the Board of Drainage Commissioners shall issue warrants therefor when funds shall be in the hands of the treasurer.

A. D. 1911

ceedings.

SEC. 37. Defects in Proceedings.-The provisions of this Defects in proAct shall be liberally construed to promote the leveeing, ditching, draining and reclamation of wet and overflowed lands. The collection of the assessment shall not be defeated, where the proper notices have been given, by reason of any defect in the proceedings occurring prior to the order of the Clerk of the Court confirming the final report of the viewers; but such order or orders shall be conclusive and final that all prior proceedings were regular and according to law, unless they were appealed from. If on appeal the court shall deem it just and proper to release any person or to modify his assessments or liability, it shall in no manner affect the rights and legality of any person other than the appellant, and the failure to appeal from the order of the Clerk of the Court within the time specified shal! be a waiver of any illegality in the proceedings, and the remedies provided for in this Act shall exclude all other remedies SEC. 38. Border States Affected by Drainage.-Whenever it may be desirable to construct, widen, deepen, straighten or affected by change any ditch, drain, watercourse, or levee, lying on or along, across or near the State line between the State of South Carolina and the adjoining States, or whenever it may be desirable to construct, repair or improve any work of drainage as provided for in this Act, which ditch, drain, watercourse, or other work of drainage cannot be constructed, repaired or improved in the best manner without affecting land in such adjoining States, the Board of Drainage Commissioners in the county in which such work is located shall have authority to join with the proper officers of such adjacent counties of other States in the construction, widening, deepening, straightening, repairing or improving of any such drain, ditch, watercourse, or other work of drainage. Such Drainage Commissioners in any county of this State are given power jointly to enter into

Border States

drainage.

A. D. 1911

government

aid.

contracts with the proper officers of such counties in adjoining States to construct, repair, or improve any such work of drainage, each to pay such proportion of costs and expenses of the work as the contracting officials shall deem just. Such work of drainage shall be made on petition of landowners or corporations, as provided for in this Act in relation to other works of drainage, and all other provisions of this Act, so far as applicable, shall govern the Drainage Commissioners and other officers of this State in relation to such joint work of drainage: Provided, Such adjoining county or counties in other States shall pay their proper share of necessary costs and expenses.

SEC. 39. United States Government Aid.-That in the event United States that the United States Government makes provision for loans to prosecute drainage and reclamation work, or provides for such work to be done under the supervision of its officials, the drainage districts created under this Act are empowered to avail themselves of such provision at any time, turning over to the United States Government for completion any work begun prior to such provision being made, and said drainage district is empowered to levy and collect in the manner herein provided the taxes against the land and to pledge and pay to the United States Government the receipts from such levy in liquidation of the loan made as aforesaid by the United States Government. That it shall be the duty of the officials of this State to solicit the co-operation of the various bureaus of the United States Government in the prosecution of all work undertaken under this Act.

Payment of county offi

cers.

Clerk of court. may remove for cause.

SEC. 40. Payment of County Officers.-Inasmuch as under the provisions of this Act much additional work is thrown on the county officials, they are empowered to collect from the Board of Drainage Commissioners such reasonable fees as are usual in such cases; same to be included in the general costs of the work.

SEC. 41. Proceedings under this Act may be ex parte or advisory. Any engineer, viewer, superintendent of construction or other person appointed under this Act may be removed by the Clerk of the Court, upon petition, for corruption, negligence of duties, or other good and satisfactory cause shown.

SEC. 42. This Act shall not repeal or change any local drainage laws already enacted or to be enacted by the General Assembly of one thousand nine hundred and eleven, or affect existing laws as to the Sanitary and Drainage Commission of Charleston county.

SEC. 43. All laws in conflict with this Act are hereby repealed: Provided, That proceedings now pending by virtue of any statute now or heretofore in force in this State, in any county, shall not be affected by this Act, but that such proceedings inay be continued in force with such statute.

A. D. 1911

age laws not

SEC. 44. This Act shall take effect from the date of its Existing drainapproval by the Governor. The provisions of this Act shall not repealed. apply to Clarendon county.

Approved the 18th day of February, A. D. 1911.

No. 55.

AN ACT TO PROVIDE A UNIFORM METHOD OF AWARDING
SCHOLARSHIPS IN THE STATE INSTITUTIONS OF HIGHER
EDUCATION.

to award cer

ship.

SECTION 1. Be it enacted by the General Assembly of the State Board State of South Carolina, That the scholarships provided by of Education law in the University of South Carolina, in the Clemson Agri- tain scholarcultural College, in The Citadel, the Military College of South Carolina, and in the Winthrop Normal and Industrial College, shall be awarded by the State Board of Education upon the recommendation of the faculties of the respective institutions, or of such committees as may be appointed for that purpose by the boards of trustees of those institutions.

petitive exami

SEC. 2. That these recommendations shall be determined by Dates of comcompetitive examinations. The dates of these examinations nations. shall be as follows: For the University of South Carolina, and for the Clemson Agricultural College, the second Friday in July of each year. For The Citadel, the Military College of South Carolina, the second Friday in August of each year. For the Winthrop Normal and Industrial College, the first Friday in July of each year.