ing Report.

panied by maps, estimates, statement of contracts, and other matters necessary to a full exhibition and understanding of their action. Such report shall be filed in the oflice of the County Clerk of said county, at least three weeks before it be Notice of present- acted upon by said Court; and the Commissioners shall give notice at least three weeks, by publication in a newspaper printed in the county, or if no newspaper be printed therein, by posting notices upon the outer door of the Court House in said county, and five or more other notices in the township or townships in which such ditch or ditches, or drains are to be made, that they will, on some day to be by them specified, present said report to the Circuit Court for confirmation; and on such day, or some other day thereafter, as may be appointed by said Court, any person interested may appear and object Court to amend, to the confirmation of said report; and the Court may, for good cause shown, amend or set aside said report, direct new examinations or surveys, when, in the opinion of the Court, justice or equity requires it; but if no good cause be shown against it, the Court shall confirm the report; but if the aggregate estimate for the construction of any ditch or drain shall not exceed the sum of five hundred dollars, it shall not be necessary for said Commissioners to apply to the Court for confirmation of their report, but they may proceed at once in the construction of such ditch or drain, conforming in all other respects to the provisions of this act.

set aside, or confirm Report.

Copy of Report confirmed to be

General, and laid

Supervisors.

cause expense of Drains to be

Taxes.

(1405.) Sec. 7. The Commissioners shall cause a copy of the filed with Auditor report, confirmed by the Circuit Court, to be filed in the office before Board of of the Auditor General of the State, and in the office of the Treasurer of the county; they shall also cause a copy of the same to be laid before the Board of Supervisors in said county, at their annual session on the second Monday in October folSupervisors to lowing; and the said board shall charge the aggregate sums, levied with other as they are apportioned against the proper townships, and shall direct the Supervisor of each township in which any portion of such ditch or drain may be constructed or tax levied, to levy the same upon the several sections or parts of sections described as being in his township, and collect and pay said sums to the County Treasurer, in like manner and at the same time with other county taxes; but the Auditor General shall not be required to credit or pay to either of the counties any such tax returned to his office until the same shall have been actually paid into the office of the State Treasurer for such taxes, or for the sale of lands to individuals.

delinquent for

(1406.) SEC. 8. All lands upon which a tax shall be levied by Return of Lands virtue of this act, which may be returned to the office of the Tax. Auditor General delinquent for such tax, shall be advertised and sold for such taxes at the same time and in the same man- Sale therefor. ner as lands delinquent for other taxes, except that no such lands shall be bid in for the State for any such tax, and excepting that the amount of such tax on each description of the lands so returned shall be stated and advertised in a line separate and distinct from all other taxes, and all such lands shall first be sold for the State, county, town, school and highway taxes, if any; an in case any such lands are bid in for the State, for State, county, township, school or highway taxes, they shall be sold for the taxes assessed under the provisions of this act, subject to the payment of such State, county, town, school or highway taxes; and no deed of such lands shall be executed by the Auditor General for such ditch tax until such bid of the State and the lien thereon shall have been fully satisfied. Any person who may bid in any land for such ditch Redemption. tax, which may have been sold to any other person or persons, or to this State, for any other taxes as above mentioned, shall have the right to redeem the same within the time. allowed by law; and unless some other person having a right to redeem, shall, before the time of redemption would have expired, tender to the holder or owner of a certificate of sale for such ditch tax, the amount which he may have paid on the redemption for other taxes as aforesaid, with the same interest as would have been payable to the Auditor General or State Treasurer up to the same date, then the person having so redeemed such lands from sale for such other taxes, his heirs or assigns, shall have and possess all the rights, under and by virtue of such redemption, as if the same had been originally purchased by him for such other taxes; and a deed thereof, Deed. duly executed by the Auditor General, and all deeds duly executed by the Auditor General for lands sold for any such delinquent ditch taxes, shall be as valid and effectual to all intents and purposes as deeds on sale of lands for other taxes, returned to the office of the Auditor General.

missioners to

cite and ro

locate Ditches.

(1407.) Sec. 9. Said Commissioners shall have power to Powers of Comlocate or relocate ditches, or drains, or to alter or vary the size thereof: Provided, That no such alteration or variation shall be made without the consent of the contractor; but if, at any time, said Commissioners shall extend, alter, locate, or relocate any drain, thereby increasing the expense of such

And to deepen, widen, and clear out same.

Fine for injuring
Drain.

Money not to be paid by County Treasurer for

any other Fund.

drain, then, and in such case, they shall make report of their designs, from time to time, according to the facts, to the Circuit Court of the proper county, who shall in all cases act in accordance with the provisions of this act.

(1408.) SEC. 10. The power herein conferred upon said Commissioners for digging and draining, shall also extend to, and include deepening, widening, and clearing out any ditches that have heretofore, or may be hereafter constructed.

(1409.) SEC. 11. If any person shall willfully or maliciously obstruct, or injure any drain laid out by, and under the provisions of this act, he shall be subject to a fine not exceeding ten dollars, together with such sum as will be required to repair such damage, and costs of suit, which fine may be recovered in an action of debt at the suit of any one of said . Commissioners, before any Justice of the Peace of the proper county, and when any recovery shall be made, and the same collected, it shall be paid to the complainant, and be by him deposited with the Township Treasurer in the township where such damages occurred, for the benefit of highways in such township.

(1410.) SEC. 12. No money shall be paid by any County Drainage out of Treasurer of any county in which a tax is assessed for the purpose of drainage under this act, on any warrant drawn by the said Commissioners, out of any other fund than that derived from such taxes; and no County Treasurer shall be authorized or allowed to bid in for the State any lands sold or offered for sale for such taxes; but in case any such land shall be and remain unsold when first offered as aforesaid, and such tax shall remain unpaid, the County Treasurer shall certify the Land not Sold same to the Auditor General, and the said Treasurer shall, at may be Sold for any time thereafter, sell such land, subject as aforesaid, to any person who will pay the taxes assessed thereon, and the office charges, in the way and manner hereinbefore mentioned; and said Treasurer shall issue his certificate of sale to such purchaser, and such certificate shall entitle the purchaser to a deed from the Auditor General for the lands so sold, from and after one year from the time they were first offered for sale by such County Treasurer, unless sooner redeemed.

when offe red,

Tax afterwards.

Commissioners.

Compensation of (1411.) SEC. 13. The Commissioners shall each be entitled to receive one dollar and fifty cents per day for the time actually spent by them in performing their duties under this act; but before they shall receive any pay, their respective accounts shall be sworn to by them, and taxed by the Judgo

draw Interest

of the Circuit Court of the county, and the bills filed in the office of the Treasurer of said county, who shall pay them out of the moneys collected by virtue of this act, and not otherwise. (1412.) Sec. 14. Whenever any order drawn by the Com- When orders may missioners shall be presented to the County Treasurer, and there shall be no funds in his hands applicable to the payment thereof, the County Treasurer shall endorse thereon the date. of such presentation, with his signature thereto. Such orders. shall draw interest from and after such presentation and endorsement.

open.

(1413.) SEC. 15. Whenever any drain shall be laid upon any Keeping Drains public road, or where drains have been laid, and roads shall hereafter be laid out beside said drain, it shall be the duty of Commissioners of Highways and Overseers of their respective districts to keep said drains opened and free of all obstructions. (1414.) SEC. 16. All claims arising under the preceding sec- By whom claime tions of this act, whether on contract, labor performed, or any whom paid other services, shall be audited by the Commissioners (except for their services as Commissioners), and paid on their order by the County Treasurer of the county out of any funds in his hands created by this act, and not otherwise.

audited and by

be paid in Wax der this Act

(1415.) SEC. 17. All bids made for any of the lands which Bids at Sale may may be sold for taxes assessed under the provisions of this rants drawn us act, may be paid in warrants drawn under the provisions of this act, by the Commissioners, on the Treasurer of said county in which the lands sold are situated, if drawn for the construction of the said ditch, or Commissioner's service, for which said lands are to be sold, and such warrants shall, if tendered, be received by the Auditor General, or Treasurer of the county in which they were drawn, in payment for any such tax that may be returned delinquent.

(1416.) SEC. 18. For the information of all persons concerned, Annual Report of the said Commissioners shall make a full report in writing to the Board of Supervisors of the proper county, at the next and each annual session thereafter, setting forth as near as practicable:

1. What proportion of the ditches or drains for the construction of which a tax has been levied, are completed, and the amount paid therefor;

2. What proportion is under contract and not completed, and the amount to be paid therefor, and whether such contract or contracts are likely to be performed; also the proportion not yet under contract, and the estimated cost of their con

Powers of Boards

of Supervisors

Commissioners

and Drains.

struction; and whether there is a sufficient amount of unex pended funds created by such tax to complete the work;

3. What amount of such funds had been expended and for what purpose, exhibiting the items of such expenditure as fully as may be practicable; and also what amount of warrants has been drawn by them against such fund, and shall also report all such other matters in relation to the subject as they may deem necessary, or said Board of Supervisors may require.

(1417.) SEC. 19. The Board of Supervisors of the several with respect to counties in which such Commissioners shall be appointed, shall have full power and authority to control the action of such Commissioners, and may make any order in relation to such ditches or drains, or other matters relating thereto, not inconsistent with the public interest or the rights of individuals, which order shall be binding on such Commissioners. The Board of Supervisors shall also have power and authority, for any cause by them deemed sufficient, to remove any or all of such Commissioners, and appoint others in their stead, with like powers and subject to the same liabilities: Provided, That nothing contained in this act shall be construed as to affect any contract, vested right, or interest existing, made or created at any time previous to the passage of this act. All acts or parts (of acts) contravening the provisions of this act, are hereby repealed.

This act is ordered to take immediate effect.