CHAP. 85.--An ACT to amend and re-enact chapter 301 of acts of the general assembly of 1889-1890, entitled an act to provide for the drainage of low lands in Northampton and Accomac counties.
1. Be it enacted by the general assembly of Virginia, That whenever one or more owners of lands shall desire to drain the same through the lands of another or others, or whenever one or more owners of lands through which the lands of another person or persons are drained may desire to lay out and establish a drain ditch, the circuit court for the county in which said lands are located shall, on the petition of said owner or owners, appoint three commissioners, who shall view the premises, and if they deem it proper, lay out ditches for that purpose; provided, that notice be given to all land owners that may be affected by such petition ten days prior to the session of said circuit court, and the party giving the notice filing evidence of the same with the circuit court.
2.The commissioner may take with them a competent surveyor; shall specify the courses, distances and sizes of every ditch they lay out; the estimated cost of making the same; the damages, if any, and to whom payable, and the proportion which each person benefited shall pay. They shall make return in writing, with a plat showing by general delineations, without survey, the boundary lines of such lands and of each taxable portion thereof, or of any land benefited, and the estimated number of acres. The commissioners and surveyors shall be sworn to the faithful and impartial discharge of duty. All the commissioners shall act, but a majority may decide any matter.
3. The commissioners shall award to any person, who will be injured by making any such ditch, damages to the amount of such injury, and the same shall be paid or tendered before cutting the said ditch.
4. All persons who will be benefited by such a ditch shall be liable to contribute to the cost of making the same and to the damages awarded and expenses of the proceedings. The commissioners shall determine who will be benefited, and shall apportion the same upon them according to such benefit.
5. The court may, before confirmation of the return, grant orders of review, on application of any party interested; and, if it appears at any time, before confirmation of the return of the commissioners, that one or more parties liable to contribute have not received the notice named in section one, the court shall enter an order directing that notice be served on the said parties, and return the report to the commissioners for a fuller report.
6. If any public road crossed by such ditch will be benefited so that the public ought to make and maintain the bridge over the same, the commissioners shall so state in their return, and such bridge shall then be made and kept up at the expense of the county. Should any turnpike, toll-road, and so forth, be so crossed by such ditch, the provisions of this section shall apply to it, except that the ditch shall be made and kept up by those running or operating said road.
7. The commissioners making any return that shall be confirmed shall, within one month after such confirmation, convene the persons liable to contribute to any such ditch embraced therein, for the purpose of choosing two managers and a treasurer of the ditch, to serve for one year and until others are chosen. Notice of the time and place of this meeting shall be posted in two or more public places of the neighborhood ten days before the meeting. The managers shall annually thereafter, in the same manner, call a meeting for the same purpose on the last Saturday in March. At all meetings those liable to contribute who may be present shall be entitled to vote in the proportion as each is liable to contribute -- that is to say, each taxable shall be entitled to one vote for every dollar of tax paid by him.
8. The return, as confirmed by the court, shall remain in force for ten years thereafter as the basis of any subsequent assessment that may be made by the managers for completing, cleansing or repairing the ditch, or other necessary purpose. After ten years a new assessment may be had by making application to the court in the same manner and by the same proceedings as on an original petition.
9. The managers chosen as aforesaid shall proceed to make and open ditches according to the return as aforesaid, or to cleanse and repair the same as may be necessary, and shall have all needful powers for that purpose. They shall keep regular accounts of all expenditures, and render the same to the yearly meeting of the taxables. All payments shall be made by orders drawn by them on the treasurer. Any person assessed for a tax may discharge the same by work done by the direction of the manager, and the certificate of the managers shall be received by the treasurer in payment of the tax. In superintending the cutting of the ditch only one manager shall be on duty at the same time.
10. The treasurer shall collect all sums assessed as aforesaid, and shall have the same powers herein as a collector of other taxes; provided, that no property belonging to any taxable shall be sold for the payment of the assessment until notice has been given to such taxable and the said property duly advertised in some newspaper in the county and at two or more public places in the neighborhood of the ditch for ten days prior to the sale. He shall give bond to the taxables, with security to be approved by the managers, in double the amount of the assessment which he may be authorized to receive, conditioned for the faithful performance of his duty, and for the payment to his successor of any money that may be due him. He shall settle with the taxables at their annual meeting, and shall be entitled to retain five percentum on the amount received as compensation.
11. Any person taxed for a ditch which does not pass through his lands may, at his own expense, open and keep open cross-ditches into the same; provided, that such cross-ditches shall; not be cut through the land of any other person without his consent, unless it shall be laid out and the damages assessed by the commissioners appointed to lay out the main ditch, or other three commissioners, to be appointed by the court for that purpose. The person applying for such cross-ditch shall pay all costs of making and opening the same, and shall also, before making it, pay or tender all damages awarded. But any person benefited by such cross-ditch shall contribute and pay so much of the said damages, costs and expenses as the commissioners shall determine to be his fair proportion thereof.
12. Ditches so opened shall remain open for the benefit of those liable to contribute therefor.
13. If any person shall intentionally stop up or obstruct any ditch cut under this law he shall forfeit and pay to the managers, for the use of the ditch, not less than five nor more than fifty dollars.
14. This chapter shall apply to all ditches, blind or open, laid out, or to be laid out, by order of the circuit court, whether for the benefit of the landowners of the public highways, for completing, extending, enlarging, or cleaning thereof; but it shall not be to alter any special law for ditching or draining the public roads.
15. If any commissioners appointed under this act shall die, refuse or be unable to act, any judge of the circuit court, either in term or vacation, may appoint another in his place.
16. The fees under this chapter shall be: To each commissioner, two dollars and fifty cents per day; to the managers, each two dollars and fifty cents for each day actually employed in the discharge of their duties; to the surveyor, such reasonable sum as may be agreed upon by the commissioners; to the attorney conducting the proceedings, fifty dollars; and all other costs not herein provided for shall be regulated by existing laws for fees for similar services.
17. The commissioners under this chapter may adopt, in whole or as a part of the ditch to be located and laid out under this law, any natural stream, any ditch or ditches already made, cut, or laid out.
18. All acts or parts of acts inconsistent with this act are hereby repealed.
19. This act shall apply only to the counties of Northampton and Accomac.
20. This act shall be in force from its passage.