Page images
PDF
EPUB
[blocks in formation]

6161s3. Articles of association.

6161t3. Notice of filing articles of publication.

6161u3. Jurisdiction of court.

6161v3. Legality of association determined..

6161w3. Objections may be filed.

6161x3. Supervisors, election.

6161y3. Annual meetings, election of supervisors.

6161z3. Right to contest election.

6161a4. Oath of supervisor.

6161b4. Organization of board.

6161c4. County surveyor, chief engineer.

6161d4. Lands affected.

[blocks in formation]
[blocks in formation]

616115.

Overseers of district, appointed.

Bond issue.

Redemption of land sold under lien.

6161m5. Filing of articles, notice to landowners.

[blocks in formation]

6161q5. Districts may be consolidated.

6161r5. Extension of corporate existence.

6161s5. Amended plans for drainage, additional levy.

[blocks in formation]
[blocks in formation]

The above sections 6161q3 to 6161i6 inclusive not numbered or printed in the Supplement of 1918, are repealed by section 10, Acts 1917, p. 384, law without the signature of the Governor.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.

[Acts 1921, p. 196. In force May 31, 1921.]

6161j6. Rights of way along public drains.-1. Whenever in the cleaning or repair of open public drains, it shall be necessary or desirable to use horse power, the person or persons whose duty it is to clean or repair such drain or any designated part thereof, shall have the right to go upon the adjoining or abutting lands within an area of not more than seventy-five (75) feet from the center of said drain, measured at right angles from the center line thereof: Provided, That the area so used in annual or biennial clean out, or in making any given repairs, shall be upon one side of such drain only, and provided further, that where the nature of the surface of the adjoining or abutting land does not prevent, and there are growing crops on the one side of such drain but none upon the other, the right of way provided for shall be used on that side of such drain where there are no growing crops. In using such right-of-way, the person or persons making such clean out or repairs shall, as far as possible, avoid damage to the owner of such adjoining or abutting lands.

6161k6. Boundary lines, alteration of right of way.-2. Where such open public drain forms or marks the boundary line between lands of adjoining owners, the right-of-way provided in section one (1) hereof shall, if the nature of the surface does not prevent, be used along the right hand side of such drain at the first clean out,

or repair after the taking effect of this act, and upon the left hand side of such drain at the next ensuing clean out or repair, and upon the right hand side and left hand side alternately thereafter, in that portion of such drain as forms or marks such boundary line.

616116. Act supplemental.-3. This act is supplemental and in addition to the laws now in force for the cleaning and repair of open public drains.

[Acts 1921, p. 277. In force May 31, 1921]

6161m6. Surveyor and drainage officers, compensation.-1. In all drainage and levee proceedings, whether for the original establishment and construction, or for the cleaning and repair, of drains levees and drainage and levee systems, the compensation for services to be paid to the surveyor, or engineer and assistants and the compensation to be paid to the drainage commissioner or superintendent in charge of the execution of the work, shall be determined and fixed by the court or board of commissioners having jurisdiction of such drainage and levee proceedings: Provided, however, That the provisions of this act shall not apply to such compensation for services rendered where claims on account of such services have been filed prior to the taking effect of this act.

[ocr errors]

6161n6. Repeal.-2. All laws and parts of laws in conflict herewith are hereby repealed.

[Acts 1921, p. 319. In force May 31, 1921.]

616106. Emergency fund, apportionment.-1. In all cases where an "emergency fund" shall have been collected for the maintenance and repair of any public drain in this state, under the provisions of an act entitled "An act concerning the maintenance and repair of all ditches and drains, except dredge ditches, by the several township trustees," approved March 8, 1915, and where such fund or any part thereof is still held in the township treasuries of the several townships of this state, and where such public drains are now being cleaned and maintained pursuant to some other law of this state, and said fund is no longer required for the purpose for which it was collected, such fund or any parts thereof so remaining shall be apportioned by the township trustees of the respective townships to the person or persons from and in the same ratio and proportion in which such fund was originally collected.

See section 61617 being section 10, Acts 1915, p. 320.

[Acts 1921, p. 692. In force March 10, 1921.]

6161p6. Drains affecting highways, petition to change.-1. If, in any case, a public highway is made unsafe to the traveling public by its close proximity to a public drain, or to a system of public

drainage, or in a case a public highway crosses a public drain, or a system of public drainage, which crossing is so constructed as to thereby become dangerous to the traveling public, and where said public drain, or system of public drainage is to be cleaned out or repaired by procedure in court, and where said cleanout and repair work is a pending cause, then and in that event one hundred or more resident free-holders of the county, six of whom shall be from the vicinity of the proposed change, in which said public drain and public highway are so constructed and situate as to make it dangerous to the traveling public, may file a petition in said pending cause, at any time before the work of the contractor reaches the point where said highway and public drain is dangerous to the traveling public, which petition shall contain a definite description of said public drain and public highway in so far as the change desired to remedy the hazard, together with a description in forty acre tracts of the land affected by the proposed change, and the name of the owner or owners of each tract. Said petitioners shall endorse on said petition the date set for the hearing and shall give a notice, either written or printed, to all resident land owners whose land will be physically affected by the proposed change of said drain, or system of drainage and to the trustees of the township, mayor of the city, president of the board of trustees of every town or city and the agent of any railroad company or corporation or company, public or private, to be affected by the proposed change, which notice shall be served ten days before the day set for the hearing thereof, and a notice published in two (2) newspapers of the county in which the proposed change is situate, and representing the two (2) political parties casting the largest number of votes at the last preceding general election, which notice shall be published for two (2) successive weeks and the last publication of which shall be at least ten (10) days prior to the date set for the hearing of said petition, which notice shall outline the contents of said petition and shall give the time set for the hearing thereon, and as to all non-residents of said county, whose lands are physically affected thereby, such notice shall be given as is now provided for non-residents in drainage proceedings. The judge shall hear said cause, and if he finds from the evidence that said highway, due to its close proximity to said public drain, or the crossing of said public drain, or drainage system, is in truth and fact dangerous to the traveling public, and the said condition can be benefited by the changing of the course of said public drain or drainage system, and that said change in said public drain, or system of drainage will not affect the utility of said public drain, or system of drainage, and will be of public utility, he shall order the drainage

« PreviousContinue »