- OF ARKANSAS Compiled by Oo. Cc. LUDWIG , Secretary of State CENTRAL PRINTING COMPANY LITTLE ROCK, ARKANSAS of tu General Drainage Laws OF ARKANSAS. Section 1414 (Kirby’s Digest). The county court of any county in the State of Arkansas shall have power, at any regular session thereof, when the same shall be conducive to the public health, convenience or welfare, or where the same will be of public utility or benefit, to cause to be constructed, straightened, widened, altered or deepened, any ditch, drain or water course within said county, when the same is necessary to drain any lots, lands, public or corporate road, or railroad; the word ditch, as used in this act, shall be held to include a drain or water course, or any drain or water course, or any drain or water course hereinafter constructed, widened, straightened, deepened or en- larged. The petition for any such improvement shall be held to include any side, lateral spur or branch ditch, drain or water course, or levee, the lowering of any lake or other work necessary to secure fully the objects of the improvement petitioned for, whether the Same is mentioned in such petition or not. (As amended March 26, 1907.) Sec. 1415. Before any county court shall establish any ditch, drain or water course improvement, or deepen, widen or enlarge the same as provided for in this act, there shall be filed with the county court clerk of such county a petition signed by one or more land- owners, if the improvement be less than five miles in length, and by five or more landowners if it be more than five miles in length, whose lands will be hable to be affected by or assessed or reassessed for the con- struction, widening, deepening or enlargement of the same, setting forth the necessity therefor, with a gen- eral description of the proposed ditch or drain, or the widening, deepening or enlargement of the same, stating starting point, route and terminus, and whether it is desired to issue bonds. There shall be filed with such petition a bond in the sum of not less than $50.00 per mile, payable to the State of Arkansas, signed by such petitioner or petitioners, and two or. more good and sufficient freehold sureties, to be approved by the county court, conditioned for the payment of all costs if the prayer of the petition be not granted, or be dis- missed from any cause. (As amended March 26, 1907.) Sec. 1416. When such petition is filed, and such bond approved, the county court shall, if in regular session, or atia call session, appoint three resident free- holders of said county as viewers, and also a compe- tent civil engineer, to assist them, and who shall pro- ceed at once, under directions of an order of said court made therein, certified by the clerk, to view and make preliminary survey of the line of the proposed ditch or improvement, or to widen, deepen or enlarge the same, and report by actual view, of the premises along and adjacent thereto, whether the proposed improvement is necessary, practicable, or will be conducive to public health, convenience, or welfare, and report the best route for the proposed drain, ditch or addition or addi- tions thereto by widening, deepening or enlarging the same, whether any portion of the same should be cov- ered, and whether the work of constructing, enlarging, deepening or widening the same should be by allotment of the several interests or let by contract without allot- ment. They shall report their findings in writing to the county court at a time fixed by said court, and if no time has been fixed, at the next regular term thereof, and the court shall cause the said report, including the report of said survey, to be entered upon its record. All viewers and engineers, before entering upon the discharge of their duties as such, shall take and subscribe an oath to faithfully and impartially dis- charge their duties as such viewers and engineers, and to make a true and correct report of the work done by them. (As amended March 26, 1907.) Sec. 1417. It shall be the duty of the county court, at the time of the appointment of the viewers as above provided, to cause a notice of the pendency of + said petition and the appointment of said viewers, the place of beginning, route and terminus of said proposed ditch or drain, and the time fixed by said court at which said viewers will make their report, to be given by publication by one insertion in some newspaper of general circulation published in said county. See. 1418. If the county court shall find against the improvement, it shall dismiss the petition and pro- ceedings at the cost of the petitioners, and shall issue an itemized bill of costs, which shall include the per diem of the viewers and engineers, together with all other costs, including the fees of the county clerk, in hke manner and with like effects as fee bills are issued by the clerk of the cireuit court, and shall be collected as provided by law. Sec. 1419. It shall be lawful for any person inter- ested in the location of said proposed ditch or work to file with the court, on or before the day set for the making and the hearing of the report of the viewers appointed to make such preliminary survey of said proposed ditch or work, a remonstrance or objection in writing against the ditch or work as located by the petition and report of the viewers across his lands, by setting forth his grievances therein, which shall be heard by the county court and filed with the petition, a minute of which shall be made in the certified order to the viewers who shall make the estimates. The pe- titioners shall be released from their bonds when the eounty court shall find from the report of viewers in favor of making the improvements. Sec. 1420. If the county court shall find from the report in favor of making the improvement, the lands which will be affected thereby or assessed therefor shall constitute a drainage district for the purposes of this act, which shall be designated by number, and the court shall cause to be entered upon its records an order directing the viewers to go upon the line de- seribed in the order with a competent civil engineer and survey and level the same and set a stake at every one hundred feet, numbering down stream, mark the intersections of boundaries of lands, townships and county lines, landmarks, bench-marks and road cross- ings, and make’a report, profile and plat of the same, and estimate the number of cubic yards of earth or D other substances to be removed, and the cost per cubic yard for each section of one hundred feet, and for the whole work. They shall also make and return a sched- ule of all lots and lands and public or corporate roads or railroads that will be benefited or damaged by the improvement, and the damage or benefit to each tract of forty acres or less, and make separate estimates of the cost of location and construction, and apportion the same to each in proportion to the benefits or dam- ages which will result to each. If so ordered by the court, they shall also apportion and allot the con- struction of the number of lineal feet and cubic yards of said work to each lot or tract of land, road or rail- road in proportion to the estimate of the benefit or dam- ages as above described. They shall specify the man- ner and time in which the improvement shall be made and completed, the number of flood gates, waterways, farm crossings, bridges and dimensions thereof, and note the county and township lines and railroad cross- ings. The plat shall be drawn upon a scale sufficiently large to represent all the meanderings of said improve- ment, and shall distinctly show the boundary lines of each lot or tract of land, and each road or railroad to be benefited thereby, the name of the owner of each tract of land as the same appears upon the tax books at the time, the authority or company having in charge, owning or controlling each public or corpo- rate road or railroad, the distance in feet through each tract or parcel of land, together with such other matters as the viewers, surveyor or engineer may deem mate- terial. The profile shall show the surface, the grade line and grade, if any fixed, and the viewers and engi- neer shall make and file with the report an itemized bill of @osts made in the proper discharge of their duties, and shall file their report with the clerk of the court within thirty days after making said survey and levels. See. 1421. The viewers shall have the power to eondemn the right of way to the ditch, and when dam- ages are allowed persons, their assessments shall be reduced that amount, or if benefited, their benefits shall be taken into consideration when they are assessed for the construction of the drain, and the Viewers shall re- port the proceedings of right of way to the county court. 6 Sec. 1422. Upon the filing of the report of the viewers, the county clerk shall immediately set the hearing of the same for the first day of the next regu- lar term of the county court. He shall thereupon issue a Summons and deliver to the petitioners, or any one of them, if so requested at the time, before issuing thereof, and if not so requested, then to the sheriff of the county, to be served upon the owners or owner or agent or tenant of such owner of any lot or parcel of land affected by the proposed improvement, requiring them to appear before the county court on the day fixed for the hearing of said petition and report, which sum- mons shall be served at least ten days before the day fixed for the hearing, the service of which summons, if not served by the sheriff, shall be proved by affidavit of the party serving the same. If it shall appear by the affidavit of any person interested that the residence of the owner or owners of any lot or parcel of real estate affected by said improvement is without the county in which the work is located, or cannot be learned, and that such owners have no agent or tenant resident in such county, the county clerk shall cause a notice to be given by publication for one week fifteen days before the hearing of such petition. See. 1423. The court shall first determine whether the required notice has been given. If they find that due notice has not been given, they shall continue the hearing to a day fixed by them and order the notice to be served as herein provided; and when they find that due notice has been given they shall examine the report of the viewers and the apportionment by them made, and if it is in all things fair and just, according to the benefits, they shall approve and confirm the same. If, however, the county court shall find that the location of said ditch or the apportionment reported by the viewers is unfair and unjust, and ought not to be confirmed, they may make an order changing the location or dimension of said ditch or any part thereof and amend the report upon the evidence so as to make it fair and just in proportion to the benefits. Sec. 1424. All lands benefited by public ditch, drain or water course, or by widening, deepening or enlarging the same, shall be assessed or reassessed in proportion to the benefits of the construction, widening, 7 deepening or enlarging thereof, whether it passes through ‘said land or not, and viewers in estimating the benefits to lands not traversed by such ditch shall not consider what benefits will be received after some other ditch or ditches shall be constructed, but only the benefits that will be received by the construction, widening, deepening or enlarging of the public ditch, as it affords an outlet for the drainage of such lands. No assessments or reassessments shall be made of benefits to any lands upon any other principle other than that of such benefits derived; and no lands lying below shall be assessed or reassessed for the benefit of lands lying above, but all assessments or reassessments shall be made on the basis of benefits accorded by reason of the construction, widening, deepening or enlarging of the improvement, and of giving an outlet for drainage. In estimating damages the viewers and county courts shall take into consideration other drains appropriated as well as lands, and the direction of the drain across said land. The estimate for location expenses shall include the amount of the costs reported by the' viewers, to- gether with a reasonable provision of properly inspect- ing and receiving the work, and all fees of officers as herein provided, including making the records and ex- ecuting all orders and process of the court, including fees for all publications. The county courts shall allow reasonable attorney’s fee in case an attorney has been appointed by the court to assist in the work provided for by this act. (As amended March 26, 1907.) | See. 1425. If the route is upon the section line or subdivision of a section where a public road may be required, and in all cases where the route is along a highway already established, the ditch shall be located at sufficient distance from the center of such highway to admit of a good road along such central line. The earth taken from the ditch so located shall be placed upon the roadway [so] as not to injure the same, and no part of such earth shall be left nearer to such ditch than six feet. See. 1426. In locating a public ditch, drain or water course, the viewers may vary from the line de- scribed in the petition as they deem best. Provided, 8 they commence at the point described in the petition and follow down the line therein described ‘as nearly as practicable; and provided further, that when there is not sufficient in length of the route deseribed in the petition to drain the lands adjacent thereto, they may extend the ditch below the outlet named in the petition far enough, not exceeding one-half mile, to obtain suf- ficient fall or outlet. And when it will not be detrimen- tal to the usefulness of the whole work, they shall, so far as practicable, locate the litech on the division lines between land owned by different persons; and they shall, so far as practicable, avoid laying the same diag- onally across the land, but they must not sacrifice the general utility of the ditch to avoid diagonal lines. And all persons whose lands may be affected by said ditch may appear before the viewers and freely express their opinion on all matters pertaining thereto. See. 1427. When any ditch established under the provision of this act drains, either in whole or in part, any public road or corporate road or railroad, or ben- efits any such road or roads so that the roadbed or traveled track of any such road will be made better by the construction of such ditch, the viewers shall ap- portion through the county, if a county, or State, or free turnpike road, to the company, if a corporate road or railroad, such portion of the cost and expenses thereof as to private individuals, and require them to pay said eosts or perform said labor in like manner as individ- uals. Sec. 1428. Anv person or corporation party to proceedings may, on filing the bonds, to be approved by the county court, conditioned to pay- all costs ocea- sioned thereby, file exceptions to the apportionment, or to any claim for compensation or damages at any time before the day set for the hearing of said report by the court. The county court may hear testimony and ex- amine witnesses upon all questions made by the ex- ceptions, and for that purpose may compel the attend- ance of witnesses by subpoena, and their decisions upon each of the exceptions shall be entered of record; and if they sustain the exceptions the cost of hearing the same shall be paid out of the county treasury, and if they overrule the same such cost shall be taxed against the person or corporation filing the exception. Any 9 person or corporation may appeal from the order of the court, and upon such appeal may determine either of the following questions: Furst. Whether such improvement will be con- ducive of public health, convenience or welfare, or the location of any part changed. Second. Whether the route is practicable. Third. Whether the compensation has been al- lowed for property appropriated. Fourth. Whether proper damages have been al- lowed for property affected by the improvements. The appellant shall pray an appeal to the circuit court and file a motion in writing specifying therein the matters appealed from; which motion shall be filed and recorded. The county court shall then fix the amount of bonds to be given by the appellant, and cause an order thereof to be made on their record. The party appealing shall within ten days thereafter file with the county clerk a bond in the amount fixed by the county court, with at least two: good and sufficient sureties, to be approved by the clerk, conditioned to pay all costs made on the appeal in case the appellant fails to sus- tain the same or the appeal be dismissed for any reason, and the said clerk shall make a complete transcript of the proceedings had before the county court and certify the same with all the original papers filed in his cffice and file them in the office of the clerk of the circuit court within thirty days from the day of filing said bond. See. 1429. The clerk of the circuit court shall docket said appeal, styling the appellant the plaintiff and petitioner or petitioners the defendant; and if the appellant is the only petitioner, then it shall be docketed as an ex parte proceeding, and said cause shall stand fior trial and be tried as other appeal cases are tried in the circuit court. After the trial and judgment in the circuit court the clerk shall retransmit to the county clerk all the original papers or certified copies thereof in said appeal and. proceedings therein filed in his office by the county clerk, together with a transcript of the proceedings had in the circuit court, including a certi- fied copy of the finding, verdict and judgment of said court. The county court, at its next regular or special meeting, shall proceed with said petition in accordance 10 with the judgment of the circuit court; the clerk of the circuit court shall also certify an itemized statement of the cost accrued in the circuit court, and such costs shall be paid as hereinbefore provided. Sec. 1430. After the transcript of the proceedings had in the cireuit court, and all other papers in the case are returned to the office of the county clerk, the county court shall cause such entries to be made on its records as may be necesary to give effect to the judgment of the circuit court, or if there be no appeal, the county court shall fix the time for the sale of the construction of the improvement at public outcry in sections of not less than the number of lineal feet apportioned to each lot or separate tract of land, public or corporate road or railroad, if apportioned and allotted, or as the court shall direct if not allotted, and shall cause notice to be given by the county clerk of the time and place of sale, and shall direct the engineers who help make the ap- portionment or some competent engineer to attend at the time and place of sale, to superintend and conduct the same, who shali receive all bids for the construc- tion of the improvement, and make contracts in writing with the lowest responsible bidder, and take good and sufficient bonds for the construction of the improve- ments, conditioned for the completion of the work within the time fixed in the contracts, in a sum not less than double the estimated value of the part bid off and contracted to be performed by each. The notice of the time and place of sales required above shall be by three consecutive publications in a newspaper printed and eirculated in the county, the last to be ten days befiore the date of such bidding, and shall describe the im- provement proposed by its proper name as indexed by the county clerk; provided, that the owner or owners of any lot of land affected by the improvement shall have an opportunity of constructing that part of the im- provement apportioned to ‘his land at the estimated cost thereof under and subject to all other terms and con- ditions imposed on contractors, but notice of such inten- tions, with a bond, shall be given the engineer before the hour of sale of the improvement, as set forth in this section, or such privilege shall be deemed waived. See. 1431. No bids shall be entertained which ex- ceed the estimated cost of the construction more than 11 twenty-five per cent in any case. The engineer shall sell, or offer to sell, first the job or labor of construc- tion of the working sections as directed in the order of the court, announcing the terms and time in which the work shall be done, and receiving no bids within the estimated price, he shall offer with such section, if deemed best, the next section or sections until a bid is received including all the unsold sections offered, he shall make contracts and take bonds as aforesaid, and report his doings to the county clerk within five days from the date of the sale, and return the contracts and bonds to the county clerk. The contracts shall be ap- proved jr disapproved by the county court, who shall then require an entry of the filing and approval of the bond and approval of the contracts on its records, copving in said records the bonds; and the contractors shall be notified of the approval ior disapproval of the eontracts and bonds, and the contractor for each job shall be liable on his bond so given for all delays after the expiration of the time therein named for the com- pletion of the job, and for the payment of all damages which may accrue by reason of the failure to complete the job within the time required in the contract there- for, and for all damages that may accrue for failing to complete the same in the manner provided by the contract. The county court, for good and sufficient reasons, may extend the time of completing the con- tracts for the construction of the ditch. Sec. 1432. It shall be the duty of the engineer, on being notified by any landowner that his allotment, or by any contractor that his allotment or job is com- pleted, to inspect the same, and if he finds that it is completed according to the specifications of the report on which the ditch was established, he shall accept and give to the landowner, or in case the job has been sold to a contractor, then to the contractor, a certificate of acceptance, stating that the allotment or job is com- pleted aceording to such specifications. And if any share or allotment has been sold to a person not the owner of the lands assessed therefor. he shall, in addi- tion, state the amount due the contractor for construct- ing the same, which certificate shall be a len upon the lands assessed for such share or allotment, and the holder of said certificate shall file the same with the 12 county clerk, if he is not the owner of the land, who shall number them; said county clerk shall charge the amount mentioned in said certificate on the tax book against the land assessed with such allotment, to be collected as taxes are collected, and the county clerk Shall issue warrants numbered correspondingly with said certificates, drawn upon the county treasurer, for the amount of each certificate, payable out of the funds of such drainage district, which shall bear interest at the rate of 6 per cent per annum until paid. Sec. 1433. In leu of bonds the county court may issue warrants on the ditching districts, payable for ditch assessments and all other demands against the ditching district, such warrants drawing interest at the rate of 6 per cent per annum, and of such denominations as will be convenient to pay the said assessments and demands against the land for the proposed improve- ments. : Section 1434. When the working sections of the improvement are let as hereinbefore provided, and the costs of location ana of construction, widening, deepen- ing or enlarging, and all compensations and damages shall be ascertained, the county court shall meet and determine at what time and in what number of assess- ments or reassessments they will require the same to be paid, and order that the assessment or reassess- ments, as confirmed by them, be placed on the tax book against the lot of land assessed or reassessed. They shall issue bonds upon such district if prayed for in the petition, in denominations of not less than fifty dollars, based on such asessments or reassessments, to raise the money necessary tio: pay such costs and expenses, and such bonds may be issued for a term of years not less than ten years or over thirty years, at a rate of inter- est not exceeding 6 per cent per annum, payable an- nually, and they shall cause an entry to be made on their record setting forth their finding and orders under this section; provided, such bonds shall show upon their face the purpose for which they are issued, and shall be payable out of moneys derived from such assess- ments or reassessments, and none other. (As amended March 26, 1907). See. 1435. The said assessment shall be entered by the county clerk in a special book to be known as the 13 Ditch Assessment Biook, which shall be provided by him at the expense of the county, and said assessment and such interest thereon, not exceeding 6 per cent per annum, as may be fixed by the court, at the time of its confirmation of the assessment, or within sixty days thereafter, and all costs of collecting delinquent assess- ments or any installments thereof, or the interest due for any year jor years, including an attorney’s fee of 10 per cent on the amount of such assessment, installment, or interest thereof sued for, shall constitute a first and a paramount lien upon the lands assessed, and shall be collected in the same manner that the taxes are col- lected, and the collector shall bring suit for all delin- quent assessments or installments thereof, interest thereon, or any interest that may be due upon any bonds of any drainage district, and said fee within sixty days after an assessment or installment thereof, or interest on bonds, shall become delinquent. The title acquired through any sale of lands under a judg- ment for a delinquent assessment or installment thereof, or interest due on any bonds or upon any installment of any bonds issued against said lands, shall be subject to the lien of all said assessments and said interest, bonds and costs then unpaid. All costs, except of construction and collection of delinquent assessments or installments not taxable to the petitioners, remonstrants or appellants, shall be paid out of the county treasury and be refunded to the county out of the first money received upon assessments or from the sale of bonds issued under the provisions of this act. After such costs are refunded, such damages, if any, as are allowed to landowners or others, shall be next paid. (As amended March 26, 1907.) See. 1436. The liens established and declared in the preceding section shall be enforced by an action in the chancery court, without regard to the amount of such claim, and shall be instituted by the collector of the county in which the lands are located, and said court shall give judgment against the persons claim- ing to be owners of such lands, if known to said col- lector, for the amiount of such assessments, installments thereof, or bonds which are due, or any interest on any bonds, and attorney’s fee of 10 per cent. If the owner- 14 ship of any such delinquent lands be unknown to said collector, such lands may be proceeded against as above set forth, for the collection of such assessments, install- ments, interest and fee, and costs due thereon, as being owned by unknown owners. Said judgment shall pro- vide for sale of said delinquent lands for cash, by a commissioner of the court, after advertisement as here- inafter set out. Said proceedings and judgment shall be in the nature of a proceeding in rem, and it shall be immaterial if said ownership of said lands may be incorrectly alleged in said proceeding, and such judg- ment shall be enforced wholly against said land and not against any other property or estate of said de- fendant. All or any part iof said delinquent lands in any one county may be included in one suit instituted for the collection of the money so delinquent, as afore- said, and all delinquent owners of said land, including those unknown as aforesaid, may be included in said lone suit as defendants, and notice of the pendency of such suit shall be given when such suits may be pending by publication weekly for four weeks prior to the day of the term of court on which final judgment may be entered for the sale of said land, in some newspaper published in the county where such suit may be pend- ing, which public notice may be in the following form: Drammage, District Now. .on Vv. Delinquent Lands. : NOTICE. The following named persons and corporations, and all others having or claiming to have an interest in any of the following described lands, are hereby notified Biatssit 18) pending in) bine Lk eae ea Chancery ETON NUT? 0) RAD Ua TORS SRE IS CIE FO County, Arkansas, to enforce the collection of certain (here insert what is sought to be collected, and if it be interest on bonds, state for what year same is due), and on the subjoined list of lands, each supposed owner’s lands being set op- posite his, her or its name, respectively, together with the amounts severally due from each, to-wit (Then shall follow a list of supposed owners with a descrip- tive list of said delinquent lands and amounts due there- on, respectively, as aforesaid, and said published notice 15 conclude in the following form) : ‘‘Said persons, corpo- rations, and all others interested in said lands are hereby notified that they are required by law to appear and make defense to said suit, or the same will be taken as confessed, and judgment final will be entered, direct- ing the sale of said lands for the purpose of collecting the amount delinquent thereon, together with costs al- lowed by law. Said suit shall stand for trial at the first term of court after the complaint be filed if four weeks shall have expired, either before the first day of the term or during the term of court to which said, suits are brought, respectively, unless a continuance is granted for good cause shown within the discretion of the court, and such continuance for good cause shown may be granted as to a part of said lands, or defendants, with- out affecting the duty of the court to dispose finally of the others, as to whom no continuance may be granted, and in all cases where notice has been properly given as aforesaid, and where no answer has been filed, or if filed, and the cause decided for the plaintiff, the court, by its decree, shall grant the relief as prayed in the complaint, and a commissioner shall be appointed by said court with directions to sell the land described in the decree at the court house door of the county wherein the decree is rendered, at public outery, to the highest bidder for cash in hand, after having first advertised such sale (said advertisement may include all the lands described in the decree) weekly for two weeks consec- utively in some newspaper published in the county, if there be one, and 1f no such newspaper, then that such advertisement be published in some newspaper in an adjoining county, and if all of the lands be not sold on the day as advertised, such sale shall continue from day to day until completed, and said commissioner shall, by proper deeds, convey to the purchasers the lands so sold, and the titles to said lands shall thereupon be- come vested in such purchasers as against all others whomsoever, saving to infants and insane persons the right to come into said court, at any time within one year after their disabilities are removed, and redeem said land. Provided, That said title which shall so pass shall be subject to all other installments, assessments, bonds 16 of interest, of like kind which constitute a lien then unpaid, and such deeds by the commissioner when duly executed in substantial confiormity to the provisions of this act, and recorded, shall be received as evidence in all cases, showing an indivisable [indefeasable] title in such purchasers, unassailable in either law or equity. Provided, that at any time within three years from the date of the sale of said land, as aforesaid, the owner of the lands may file his petition in the court, render- ing the decree, alleging the payment of the amount for which the len was decreed against said land in said suit, and upon proving the same the court shall va- eate and set aside said decree and sale. said suit shall be conducted in accordance with the practice and proceedings of chancery courts in this State, except as otherwise provided herein, and except that neither attorneys nor guardians ad litem, nor any provisions of section 6254 of Kirby’s Digest to the Statutes of Arkansas shall be required and except that said suits may be disposed of on oral testimony, as in ordinary suits of lawy. And this law shall be liberally construed to give said assessment lists and bonds, the interest thereon, the said attorney’s fee of 10 per cent, the effect of bona fide mortgages for a valuable consid- eration, and a first lien upon said land, as against all persons having an interest therein. Provided, That no informality or irregularity of the organization of said drainage district or in the de- scription of lands or the assessments thereof, or in the names of the owners, or of the number of acres therein, shall be a valid defense to such action. In any case where assessments or interest on bonds issued under this act, of which this act is amendatory, shall have become delinquent for any number of years, and remain unpaid, the collector in the county in which said lands are located, against which said bonds are issued, shall include in one suit not only all of the lands upon which said interest is delinquent, and shall sue for the interest delinquent, whether for one vear or more, and it shall not be a valid defense to said suit that said suits were not instituted by the collector within the time specified in the original act, of which this act is amendatory. Provided, The interest on all bonds issued under and by virtue of the act, of which this act is amend- 17 atory, shall be deemed delinquent on the 10th day of April next, after said interest shall become due. Provided, That suits under this act may be priose- cuted by the real parties in interest, if the collector shall refuse or neglect to institute suits as herein pro- vided, and said suits shall proceed in the same manner as if filed by the collector. (As amended March 26, 1907.) , Sec. 1487. The county court of any county in this State is hereby authorized to issue bonds in denomi- nations of not less than fifty dollars, and sell the same to meet the expenses of constructing, widening or en- larging any ditch or improvement under the provisions of this act, which bonds shall mature at annual inter- vals, commencing after a period of ten years, and not exceeding extending beyond thirty years, bearing inter- est at not to exceed 6 per cent per annum, payable annually, which bonds shall be sold by the county treasurer, without expense to the county, to the highest - and best bidder, after the county court shall have fixed the time and place of such sale, and given notice thereof by publication in one weekly newspaper published in the county, and by posting notices at the door of the court house; but in no case shall any such bond be sold for less than its par value. To meet the payment of such bonds, principal and interest, the assessments or reassessments against the realty affected by the proposed improvements shall be divided into such sums as shall be sufficient [to] pay such bonds as they become due, and shall be entered upon the tax books against said land and be collected in the same manner as taxes are collected, and applied to the payment of said bonds, principal and interest, and to no other purpose, except as herein provided, and the payment of said bonds shall be thus secured. (As amended March 26, 1907.) Sec. 1438. When a ditch is petitioned for, or a petition filed for the widening, deepening or enlarging of the same, which will require a location in more than ione county, application shall be made to the county court of each of said counties, by petitions as provided for ditches located wholly in one county, for the location and construction, widening, deepening or enlarging of the same for that portion of said ditch which should be charged to the lands benefited within such county. 18 The county court of each county interested in such ditch or addition or additions thereto shall appoint one qualified viewer. Said viewers shall meet within ten days after their appointment at the court house in the county in which the proposed ditch or addition or additions thereto will begin, and engage a competent engineer to assist them. They shall proceed at once to view the line of the proposed ditch or improvement and report, by actual view of the premises along and adjacent thereto whether the proposed improvement is unneces- sary or will be conducive to the public health, conve- nience or welfare, and report the best route for the proposed ditch or drain, or widening, deepening or enlarging the same. They shall ascertain by actual examination, and such reliable information as they ean obtain, what lands, roads and railroads will be benefit[ed] in each county, and the relative degree of such benefits. They shall report their findings in writ- ing in dupheate to the county court of each county at the next regular term, together with duplicate maps showing the location of each proposed improvement, and the lands, roads and railroads which will be bene- fited, which report and map shall set forth as fully as possible all matters affecting the interest of the lands which will be benefited in each county, and they shall estimate the proportion of such work which shall be charged to the lands, roads and railroads of each county, and they shall submit therewith an itemized bill in duplicate of their necessary expenses, including also per diem at the rate of three dollars per day for each viewer, and five dollars [per day] for the engineer, and one dollar and fifty cents per day for each assist- ant, and apportion said cost to each county, in pro- portion to the apportionment of such ditch to each county. (As amended March 26, 1907.) Sec. 1439. When such report shall have been filed in the office of the clerks of the county courts of the several counties and the same shall have been consid- ered by said courts, it shall be the duty of the clerks of each of said courts to certify to the clerks of the other courts the action of his court therein. If the several courts find, upon the report of the viewers, or of the commissioners hereinafter provided for, against 19 the improvement, each court shall dismiss the petition and charge the cost as a portion against the petitioners. If the several courts find in favor of making improve- ments, each shall appoint two additional viewers, qual- ified as other viewers, who shall proceed with the first viewer and a competent engineer to stake out, estimate and apportion of said ditch or drain apportioned to said county in the same manner as if said ditch was located wholly in said county, and the proceedings necessary in all things to the construction iof said work shall be in the same manner as if such ditch was located wholly in such county, as heretofore provided. The viewers of the several counties, when appointed, shall select one engineer who shall have charge of the engi- neering work of the entire ditch, drain or improvement, who shall be paid the sum of five dollars per day for the time actually engaged by the several counties in proportion to the work charged to each county. Sec. 1440. If any county court object tio the report of the viewers, but does not find against the proposed improvement, each court shall appoint two commis- sicners, who shall qualify as viewers. They shall be furnished with a transcript of the objectizns of the several courts, and shall meet at the office of the eounty clerk of the county in which the source of the improvement is situated, at a time to be named by said clerk, and within twenty days from their appoint- ment, and shall proceed to consider the report of the viewers and also the objections of the courts, and may make such examination of the proposed improvements and districts as shall seem to them advisable, and may amend the report by changing the size, location ior plan of the proposed improvement or the apportionment of the work, and shall make a written report to each county court of their actions and findings within twenty days. Such report shall be accompanied by an itemized bill of their necessary expenses, including a per diem allow- ance of three dollars a day for each commissioner and five for the engineer. Sec, 1441. The county court may, when the same is necessary for the public health, convenience of wel- fare, cause to be constructed or enlarged any bridge or culvert made necessary by the crossing of any ditch constructed under the provisions of this act; provided, however, that if such bridge or culvert shall belong 20 to any corporation other than the county, the county clerk shall give such corporation notice by delivering to its agent the order of the court declaring the necessity for constructing or enlarging such bridge or culvert and the time in wlrich the work is to be done.