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to the benefits to be received. Fifth, by any person whose lands are assessed as benefited, that the same will not be affected nor benefited to the extent of the assessment by the proposed work if accomplished. Sixth, by any person whose lands are assessed as damaged, that the damages assessed are inadequate. Seventh, by any person whose lands are reported as benefited, that his lands will be damaged by the construction of the proposed work. Eighth, that it will not be practicable to accomplish the proposed drainage without an expense exceeding the aggregate benefits. Ninth, that the proposed work will neither improve the public health nor benefit any public highway of the county, nor be of public utility. Tenth, that the proposed work, as decided upon and reported by the Commissioners, will not be sufficient to properly drain the land to be affected. If, upon hearing, the Court shall decide that the first of the above causes of remonstrance is true, the Court may direct the Commissioners to amend and perfect the report, or the Court may in its discretion set aside said report, refer the matter anew back to said Commissioners for a new report. In making such order for a new report the Court shall fix the time and place of their meeting and when they shall report; and when said new report is made and filed, any person whose lands are reported as affected may remonstrate within the same time therefrom and for the same causes as is hereby allowed to remonstrate against the first report. All questions of fact arising on the petition, report or remonstrance shall be tried by the Court without a jury. If the remonstrance or remonstrances shall be sustained by the Court on the second, third, fourth, fifth, sixth or seventh causes of remonstrance, the Court may modify and equalize the assessments as justice may require by diminishing the assessments on some tracts and increasing it on others, or by giving or withholding damages, and for such purposes all persons whose lands are reported as affected, or are stated in the petition as affected, shall be deemed to be in Court, by virtue of the notices originally given to such parties of the pendency of the petition, or by the notices subsequently given to the owners of lands which were not in the original petition, but brought in by the action of the Commissioners; and if lands are described in the petition as affected by the proposed work, and the Commissioners have reported such lands as neither benefited nor damaged, the Court may, if the facts and justice shall warrant it, make assessments against the same, and as such assessments are so changed, modified and equalized, or made, they shall stand and be adjudged valid. If the finding and judgment of the Court be against the remonstrance or remonstrances on the second, third, fourth, fifth, sixth and seventh causes as above set out, the assessments made by the Commissioners shall be confirmed, and the order of confirming shall be final and conclusive. If the finding and judgment of the Court be in support of the remonstrance or remonstrances on the eighth, ninth or tenth causes of remonstrance, the proceedings shall be dismissed, at the costs of the petitioners, including the costs and per diem of the Commissioners, all Court costs, and costs of the trial of the remonstrances. If there be no remonstrance, or if the finding and judgment shall be in all respects against the remonstrances for the first, eighth, ninth and tenth causes of remonstrance, or if for the second, third, fourth, fifth, sixth or seventh causes of remonstrance, the Court can and does equalize the same as above provided, the Court shall make an order declaring the proposed work established, and approving the assessments as made by the Commissioners, or as equalized and modified as above provided for, and shall assign the same to one of the three Commissioners above provided for, for construction, or the Court may assign it for construction to any disinterested freeholder of the county, who shall

, before entering upon his duties, take and subscribe an oath of office, and give bond, payable to the State of Indiana, in such sum as the Court may require, conditioned that he will honestly and faithfully perform his duties, and account for all moneys that may come into his hands. When the finding and judgment of the Court is against the remonstrance for any cause, or when in his, her or their favor on the second, third, fourth, fifth, sixth or seventh causes, and the assessments of benefits or damages to the person remonstrating is not changed ten per cent. in favor of the remonstrant, he shall pay the costs occasioned by his remonstrance, and in all other cases the costs shall be paid by the petitioners. In all cases of appeal tried in the Circuit Court, and in all trials in that Court, provided for in this act, the trial shall be by the Court, without a jury.

4276. Procedure on work-Funds; collection, etc.-ContractCollection and application of assessments --Sale- Redemption. 5. The commissioner or other person charged with the execution of the work, as above provided for, shall proceed to have the same constructed. He shall pay the costs not otherwise adjudged and all expenses incident to the construction of such work, including reasonable attorney's fees of the petitioners in the preparation and presentation of the petition (not exceeding an amount equal to two per centum on the first ten thousand dollars and one-half per centum on the excess over ten thousand dollars, of the assessed benefits, as shown by the report of the commissioners as approved by the court), but not the cost of giving notice, which in all cases shall be paid by the petitioners, and shall pay such other costs and expenses as the court shall deem proper out of the funds collected from the assessments made and confirmed as aforesaid: Provided, That no claim for costs, expenses or otherwise, except on contract for constructing the work, shall be paid until it is presented to the court, and by the court allowed. He shall pay into the county treasury, as soon as he may collect from the assessments sufficient for the purpose, whatever sum that shall have been by the provisions of this law paid out of the county treasury on account of such work. He shall also pay all damages that have been assessed and allowed by the court and the cost of constructing the work. He shall, for the purpose of raising funds for the above mentioned purposes, collect of the assessments of benefits reported by the drainage coinmissioners, and as adjudged by the court, such sums of money as may be necessary therefor, not exceeding the whole benefits so adjudged upon any one tract, and require the same to be paid in instalments not exceeding eight and one-third per cent, per month, at. such times as he shall fix after thirty days' notice thereof, by one publication in a newspaper published in the county in which such lands are located, which notice shall state when and where all such installments shall be payable. He shall divide such work into sta

tions not exceeding one hundred feet in length, and provide himself with and furnish on demand to any person interested or to anyone proposing to bid on such work, the computation of the number of cubic yards of excavation in each station, as is above provided for; and shall, after giving notice for two weeks in a newspaper of general circulation in each county where lands assessed as benefited are situated, proceed to let such work by contract to the lowest and best bidder, by stations, as above described: Provided, That any person, against whose lands assessments of benefits have been made, shall have the preference, at the same rate, over any other contractor, to take as many stations thereof as shall, at the contract price, amount to his assessments. Such contractor shall within the time, which shall be reasonable, and which, for good cause, may be extended under the direction of the person charged with the construction of such work, construct such part of such work so set off to him: Provided, That should any such person fail or refuse to construct such portion of said work so allotted to him within the time or according to the specifications, and should it become manifest, before the expiration of such time, that such person would not complete the same, or would be unable to complete the same within the time limited, or in the manner specified, then the person charged with the construction of such work may annul such contract, and let the same to the best bidder, first giving ten days' notice by the publication in a newspaper published in the county in which that part of such work lies: Provided, such person so in default shall not again become a bidder for such portion of such work, but such person shall be allowed on his contract a fair price for the work he has performed up to the time his contract is so annulled, such price to be determined by the court establishing said work. If such person to whom an allotment is so made. shall perform his work within the time specified the price thereof shall be applied on his assessment, and the same shall not be collected of him as above provided : Provided, further, That any such person who shall ask to have set off to him, or who shall have successfully bid for, as above provided, any part of said work, shall, when the same is so set off to him, enter into a contract with the person in charge, to perform such part of such work and give bond with surety, and in a proper penalty, for the performance of his contract, and that he will pay all damages occasioned by his non-fulfillment of his said contract, which may be recovered in any court of competent jurisdiction. He shall collect the assessments not satisfied, as herein provided for so made, or such part thereof as may be by him deemed necessary for the purposes herein mentioned, and apply the same as herein provided, and for the purpose of making such collectioris, if not paid as above required, he shall make his certificate, showing the amount of such assessments against any tract or tracts of land, the default in its payment as required, and file the same with the Auditor of the county where such lands are situated, and thereupon the Auditor, shall place the same on the delinquent tax duplicate, and the same shall be collected as other delinquent State and county taxes are collected, provided personal property or real estate, other than that assessed as benefited shall not be sold therefor: Provided. That in all sales of real estate made by the Treasurer of any county under the provisions of this act, the owner thereof. or any person having an interest therein, or lien thereon, at the time of sale, shall have the right to redeem the same at any time within two years from the date of sale, by paying into the county treasury, for the benefit of the purchaser at such sale, the amount for which said land was sold, together with a penalty of fifteen per centum per annum for such time as may have elapsed from the date of sale until the time of such redeniption. [As amended 1901 S., p. 161. Approved March 8, 1.901.

4277. Lien-Notice of work established - Satisfaction. 6. The lling of the petition shall be deemed notice of the pendency of the proceedings to all persons whose lands are named in the petition, and the filing of the report of the Commissioners locating the work and fixing the amount of assessments shall be deemed notice of the pendency of the proceedings to all persons whose lands are named therein and not named in the original petition, and the amount of the assessments as made or approved and confirmed by the Court shall be a hen upon the lands so assessed from the time of filing the petition, except where lands are omitted in the petition and afterwards assessed and reported by the Commissioners; and as to such lands the assessment shall be a lien from the date of filing the report of the Commissioners. The Commissioner charged with the construction of the work shall, as soon as may be after he has been directed to construct the work, make out a notice wherein he shall state that the work has been established by the Court; also the several assessments to the several tracts of land as the same have been finally confirmed by the Court, and cause the same to be 'recorded in the office of the Recorder of each county where any such lands may be situated. Whenever the assessment against any tract of land shall have been paid in money or satisfied by the construction of a portion of said work as is provided for in section five of this act, it shall be the duty of the Commissioner or person charged with the construction of such work, within thirty days from the time of such payment or satisfaction, to enter satisfaction of such lien upon the margin of the page where such assessments are recorded, or if this be impracticable for want of room, then on some other page of the same or other record, reference being made thereto by marginal note on the page where such assessment is recorded. vision shall apply to all drainage Commissioners appointed under this act, and also to all Commissioners of Drainage in charge of work established under any former law of this State.

4278. Accounts — Report - Suit - Liens. 7. Such commissioners shall keep an accurate account of all moneys colleeted by him on account of the work, and of all payments made on account thereof, and shall take vouchers for such payments. He shall also keep an exact account of the time occupied by him in the performance of his duties. Whenever he shall be engaged on two or more works on the same day, he shall divide such day among them in proportion to the time devoted to each. He shall as often as once in six months make a full report of said matters, under oath, to the court; and the court shall allow him for his services not exceeding three dollars per day for the time actually and necessarily employed; but în no case shall the court allow the said commissioner for his services a sum in excess of two per centum of the cost of the construction of said drain. He shall at all times be under the control and direction of the court, and shall obey such directions; and for failure so to do shall forfeit his compensation and be dealt with summarily as for contempt, and may also be removed from oflice by the court. Suit may also be brought upon his bond in the name of the State, and the amount recovered shall be applied to the construction of the work. The court may at any time, when occasion may require, direct another one of the commissioners to proceed with the construction of the work, and may at any time discharge therefrom the commissioner appointed thereto. All laborers, and other persons who shall hereafter perform any labor or furnish any materials in the construction of any work under the provisions of this act, shall have a lien upon, the fund raised for the payment of the same; and upon notice in writing filed with the person whose duty it shall be to pay out such fund, of the amount due and what the same is for, such person shall withhold payment to the contractor for such work to an amount sufficient to satisfy such lien until

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the same is adjusted and paid; and in case of disagreement between the contractor and the person claiming such lien as to the amount or validity thereof, the court ordering the construction thereof shall, upon motion of the commissioner, the contractor, or the person claiming such lien, determine such matter; and upon failure to comply with the above provisions, such person in charge of such work shall be liable on his bond for the amount improperly paid over to such contractor: Provided, That the provisions of this act as to limiting the salary or fee to be allowed to the attorney and ditch commissioner shall not apply to ditches where the total cost of construction does not ex. ceed five thousand dollars: And provided further, That none of the provisions of this act shall apply to proceedings instituted prior to the passage of this act. (As amended, 1901 s., p. 161. Approved March 8, 1901.

4279. Interpretation of act - Supplemental petition, 8. This act shall be liberally construed to promote the drainage and reclamation of wet or overflowed lands, and collection of assessments shall not be defeated by reason of any defect in the proceedings occurring prior to the judgment of the Court confirming and establishing the assessment of benefits and injuries, but such judgment shall be conclusive and final, that all prior proceedings were regular and according to law, nor shall any person be permitted to take advantage of any error, defect, or informality, unless the person complaining thereof is directly affected thereby, at any stage of the proceedings, and, if the Court should deem it just to release any person, or modify his assessments or liability, it shall in no manner affect the rights or liability of any other person. Any person interested may file with the Court a supplemental petition showing that lands not mentioned in the original report are affected, as he believes, by such drainage, in which case the Court shall require such person to give such notice as it may deem proper and sufficient to the persons affected thereby, and shall refer the same to the drainage Commissioners for a report, and any and all proceedings may be had thereon, and orders and decrees made therein, the same as if it were an original petition, but the proceedings thereon shall not affect the original petition, unless the Court shall, for good reason, order the same consolidated and made a part of the original petition, in which case the Court may make such orders therein as are herein authorized.

4280. Highways and street - Payment of assessments. 9. Any benefits assessed to any highway shall be assessed against the proper township, and shall be paid by the Trustee out of the township fund belonging to such township. Assessments on account of improvements to streets in incorporated towns or cities, shall be against such towns or cities,

4281. Surveyor's duty - Warrant - Record of assessment Appeal. 10. After the construction of any such work the County Surveyor of the county in which the proceedings were had for the construction thereof shall keep the same in repair to the full dimensions, as to width and depth, as required in the original specifications, and certify the cost thereof, including his own per diem, to the County Auditor, who shall draw his warrant on the County Treasurer payable to the persons to whom the money is owing, which warrants shall for the time being be paid out of the county revenue, but the treasury shall be reimbursed as hereinafter provided. To raise the necessary money to reimburse the treasury, he shall apportion and assess the cost of such repairs upon the lands adjudged by the Court benefited by the construction of the ditch, in like proportion as benefits were assessed against said lands for the construction of said work: Provided, however, that if such repairs shall have been rendered necessary by the act or negligence of the owner or occupant, or the employe or agent of either of any lands, or if the same is filled and obe

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