The above sections 6161q to 6161i1 inclusive, Acts 1915, p. 320, were numbered 6161a to 6161s inclusive in the Supplement of 1918.

This section 6161i1, being numbered 6161s Supplement of 1918, repeals sections 6152, 6153, 6154, 6155, 6156, 6157 and 6158 Revision of 1914.

These sections are also repealed by section 35, Acts 1915, p. 417, in force April 26, 1915, and the Act of 1915, p. 417, is repealed by section 10, Acts 1917, p. 384. See section 6161r2 and 6161p3 this Supplement.

[Acts 1915, p. 417. In force April 26, 1915.]

6161j1. County commissioners, cleaning and repairing drains.

616112. Proceedings under former law.

The above sections 6161j1 to 6161t2 inclusive were repealed by section 10, Acts 1917, p. 384, law without the signature of the Governor. See section 6161z2 Supplement of 1918, and section 6161p3 of this Supplement.

The above sections were numbered respectively 6161t to 6161d2 in the Supplement of 1918.

[Acts 1917, p. 228. In force May 31, 1917.]

6161u2. Drains, cleaning, petition to county board.-1. That whenever the owners of twenty per cent. (20%) of the lands in acreage of the lands in acreage affected by any drainage system in any county, excepting ditches or drains which have been or shall hereinafter be constructed in whole or in part by the use of a dredge, or established as such pursuant to the order of any court or board of county commissioners, shall petition the board of county commissioners of such county that the ditches and drains making up such drainage system be maintained and cleaned under the provisions of this act, the county commissioners shall make an order that the drains and ditches making up such drainage system shall be maintained and cleaned under the provisions hereof, and thereafter such drains and ditches shall be cleaned and proceedings had with respect thereto as hereinafter provided: Provided, That if within twenty (20) days, exclusive of Sundays, from the day on which such petition shall have been filed, the owners of a majority of the lands in acreage affected by such petition, shall remonstrate in writing against the proposed method of cleaning and repair of such ditch, such petition shall be dismissed at the cost of the petitioners and the work of cleaning and repairs

shall be carried on as provided by the general law relating thereto : Provided, That when any such drainage system is being maintained under the provisions of this act and the owners of a majority of the lands affected thereby shall petition such county commissioners that such drains and ditches shall be brought within the operation of any other law, the county commissioners shall thereupon make an order and thereafter such ditches and drains shall be cleaned and maintained pursuant to the provisions of such other law.

6161v2. Trustee's duty.-2. That all open ditches or open drains, except dredge ditches or drains, that may have been, or may hereafter be constructed under and by virtue of any law of this state shall except as hereinafter provided, after the allotment shall be made by the county surveyor as hereinafter provided, be under the charge and supervision of the trustee of the township in which the same are a part thereof, whose duty it shall be to see that the same are cleaned out to the original specifications, and kept open and in proper repair, free from obstruction, so as to answer their purpose.

6161w2. Surveyor's duty, allotments, notice.-3. As soon as practicable after the passage of this act it shall be the duty of the county surveyor or any qualified engineer appointed a deputy surveyor by the board of county commissioners in each county in this state, in which any ditch or drain or part thereof is located, to proceed to view and examine each and every such ditch or drain within his respective county, and to fix and determine the portion thereof that the owner of each tract of land and each corporation, county or township assessed for the construction thereof should annually clean out and keep in repair, and shall also at the same time set apart and apportion to each parcel of land, and to each corporate road or railroad, and to the township where public highways are benefited, a share or portion of such ditch or drain, according to the benefits to be received thereby, to be cleaned out annually and kept in repair by the owner of each tract of land, or by such corporate road or railroad, or by the township, providing such allotment has not already been made. In making such allotments the surveyor shall take into consideration all tile drains comprised in said system and where any landowner shall have tiled or shall thereafter tile his entire allotment according to the provisions of any law of the State of Indiana, he shall be exempt from further allotment: Provided, That such owner shall properly maintain his said tile drain. Such surveyor shall, whenever practicable, locate such share or portion of such ditch upon such tract of land, or upon the right of way of such corporate road or railroad, or on the highway on account of which such share is allotted to the town

ship. In making such allotments such surveyor shall begin at the mouth of the ditch and give the location of each share, its number and length in feet, and a brief description of the manner in which the work shall be done. Each ditch or drain shall be cleaned out to a depth and width not less than its original specification: Provided, That where ditches were originally allotted for construction by reviewers appointed by the board of county commissioners the allotments shall remain the same for repairs under this act unless a majority of the parties assessed shall petition the surveyor for a reapportionment under the provisions of this act, in which event the same proceedings shall be had as in other cases: and, Provided further, That when it may be shown to the satisfaction of the trustee that there is no necessity for an annual cleaning he shall not enforce the penalties for nonperformance, but in no case shall the work be delayed more than two (2) years. The allotment shall describe the land in such tracts as may meet the convenience of owners, and in case of a subsequent subdivision of such tracts the allotment may be subdivided by contract, and the duties prescribed under this act, as to grantees.

Such surveyor shall reduce such allotments to writing, and record the same in a book to be kept for that purpose, and known as the drainage record. He shall thereupon cause to be posted up, for not less than (10) days, in five (5) public places in the township where lands are allotted a portion of said work, written or printed notices of the place where, and the time when, he will hear all objections that may be made to such allotments, which notice may be, in substance, as follows:

To Whom It May Concern:

........

You are hereby notified that I will be at my office on the........ day of..... 19.., at the hour of..... and will then and there hear all objections that may be made to my allotment for cleaning out annually and keeping in repair the....

..ditch, in

.....

..county, Indiana, when

and where you can appear and be heard, if you see fit.

A copy of said notice shall also be served upon the trustee of the township in which an allotment in [is] made to any highway, as summonses [summons] are served upon each resident owner or occupant of land, and upon the officers of each corporate road or railroad

upon whom summons might be served in any proceeding against said road or railroad allotted a portion of said work.

6161x2. Objections-Right of appeal.-4. Upon the day named in such notice such surveyor shall be present at the time and place therein mentioned, and shall hear all objections made to such allotments, and shall have power to administer oaths to all persons examined before or by him. He may adjourn the hearing from day to day or from time to time as may be deemed necessary, until all objections are heard. All persons interested shall take notice of such adjournments without further notice. After hearing all objections that may be offered to such allotments, such surveyor shall confirm or change the same as justice may require, and shall enter an order accordingly, which shall be final and conclusive upon all parties interested, unless appealed from in ten (10) days thereafter. Any person or corporation aggrieved may appeal from such order to the circuit or superior court of the county by filing with the clerk of said court, within ten (10) days from the time of such order, an undertaking conditional that he will duly prosecute such appeal and pay all costs that may be adjudged against him on such an appeal, such surety to be approved by said clerk; whereupon such clerk shall issue a notice in the nature of a summons to such surveyor, which shall be,served by the sheriff of said county. And thereupon such surveyor shall file with such clerk a copy of the record of such allotments, and the objection of the appellant thereto, which shall be all the proceedings necessary upon such appeal. All other persons interested shall take notice of such appeal, which shall be tried by the court. If the court reduce the allotment one-fifth in amount, then all costs occasioned by such appeal shall be taxed against said surveyor, and paid out of the general funds in the county treasury not otherwise appropriated, otherwise the costs shall be adjudged against the appellant. If more than one (1) person appeal separately, the cases shall be consolidated and tried together. The court may confirm the allotment made by the surveyor or change the same, and its decision upon such appeal shall be final and conclusive. The surveyor shall receive four ($4) per day, and not to exceed two dollars ($2) per day for the services of each necessary assistant, to be paid out of any money in the county treasury not otherwise appropriated, upon a report on oath filed with the county auditor, giving day and date for all days and parts of days employed thereon, naming the ditch so employed thereon.

6161y2. Work allotted, time limit, penalty.-5. After such allotments have been made it shall be the duty of the owner of each tract of land, and of each corporate road or railroad, and the supervisor