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how to be
$2. Any vacancy that may occur in the board of Vacancies, commissioners shall be filled by the county judge, filled. upon nomination by a majority of the landowners interested in the said drainage, at a special meeting called by any five of the said landowners, who shall designate by ballot the person to be so appointed, which appointment shall be filed in the office of the clerk of Orleans county, and the person so appointed shall comply with the provisions of section one of this act.
$3. The said board of commissioners shall cause Drains. a drain to be excavated from a point on lands owned by Hiram Fargo; thence south-westerly across lands Route of owned by Sherman Dibble, Albert Wood, Thomas Cushing, lands owned by Thomas Clark, at the time of his decease, Roscoe C. Hibbard, Stephen Kimpton, William J. Randall, Ozro Love, Marvin Joiner, Richard J. Herrick and Amos Root; from the south-west corner of the lands of said Root, lot number three, second range, two drains shall be excavated. Drain Drain one, number one shall follow the line dividing lands owned by John Nickerson and Loren Parsons, lands owned by Storms and Isabel, and lands articled to James O. Nickerson, and lands owned by Amos Root and Peter Cornell, across the lands of Isaac T. Sheldon, to a point of junction to be fixed upon by the board of commissioners. Drain number two shall stand* from Drain two. the same point as drain number one, and be excavated across the lands of Loren Parsons, Peter Cornell and Isaac Crosby, to the said point of junction with drain number one; from said point of junction said drain shall be excavated across the lands of Horatio N. Hill, lands owned by Elijah Gillet, at the time of his decease, Samuel Whitten and Willis A. Grinnell, to the line dividing Orleans and Genesee counties, or to a point beyond the terminus, to be fixed by the commissioners. The said drain and drains shall be of a sufficient capacity and straightness to drain the lands through which they pass in a thorough and effectual manner.
$4. The said board shall also cause to be made a lateral drain of such capacity as they may deem
So in original.
Proceeding in case of disagreement with owners of lands as to compensation, etc.
Survey and map of swamp.
proper, running south near the east line of lands owned by Richard J. Herrick, for the purpose of draining lands owned by John Howard and John Bowers, and such other lateral drains as in the judgment of the board may be necessary for the complete and thorough drainage of the lands mentioned in this act.
$5. The said board shall not be confined in laying out and making said main drain and drains to the precise line herein above designated, but may vary the location in such particulars as they may deem necessary for the purposes herein mentioned; provided, however, that the lines of said main drains shall not be materially departed from.
$6. If any person upon whose lands the said main drains or any lateral drains deemed necessary by the said board, shall be laid out or contemplated, shall refuse to allow the said board or any person acting under it, to enter on their lands and make the said drains or either of them, and the said board cannot agree with such owner upon the compensation and damages to be paid for making and maintaining forever the said main drain or lateral drains upon their lands, then, and in that event, the said board shall proceed to acquire the title to the said easement upon or across the lands of the person so refusing, in the manner so far as the same is applicable to him or them, prescribed by chapter one hundred and forty, of the laws of eighteen hundred and fifty, entitled "An act to authorize the formation of railroad companies and to regulate the same," and in the manner *by prescribed by the acts amendatory thereof and supplementary thereto; and for the purpose of acquiring the title to such easement under the statute last mentioned, the said board of commissioners are hereby granted the powers therein granted to a railroad corporation, so far as is necessary to effect the object of acquiring the title to said easement, and no further. $ 7. It shall be the duty of the said board before commencing the excavation of said main or lateral drains, to cause a survey and map of said swamp or lowlands, showing the location of said drains to be
* So in original.
made, exhibiting the number of acres of swamp or lowlands belonging to the several persons interested in said drains, and also showing the level of said swamp and the depth of excavation necessary to secure the perfect and thorough drainage of said lands, and they shall file a copy of such map in the Orleans county clerk's office.
§8. The said board shall make an estimate of the cost of making said main drains, and such lateral drains as they decide to be necessary, and all the expenses incidental thereto, including the cost of any and all proceedings to acquire the title to the easement as above required, and their own compensation, and shall apportion the same among the several owners of the land so to be drained, according to the number of acres owned by each person, as specified by said map and in such proportions that the said several parcels of land and the several owners thereof shall be charged with the cost and expenses attending the making of said drains, in proportion to the amount of benefits derived therefrom, and the labor bestowed upon each separate parcel of land in making said drains.
$9. When such estimate and apportionment shall be completed by the said board, it shall cause notice in writing to be given in such manner as it deems proper, of a time and place when and where they will meet to review and correct the said estimate and apportionment, on the application of any person aggrieved thereby; and there shall be at least ten days' notice between the time of the posting or first publication of such notice, and the time of the meeting of the said board.
mate of and
Notice of estimate tionment.
review of and appor
$10. Any person considering himself aggrieved Hearing of by such estimate and apportionment, may, at the time specified in such notice, appear before the said board and present his objections to the same, and the decision of the said board thereon shall be final, and no appeal shall be allowed therefrom; and it shall cause a copy of such final estimate and apportionment to be filed in Orleans county clerk's office; and from the time of such filing, such apportionment shall become absolute, and shall be a lien upon the
land to be so drained, and a tax against the persons owning the same, and be collected and enforced in the manner hereafter mentioned.
$11. Within twenty days after said estimate and tion of tax. apportionment shall become absolute, any person may pay, to any commissioner, the amount of his or her tax; and after the said twenty days, if any part of the said tax shall remain unpaid, the said board shall issue a warrant, under its hands, to the town collector of the town of Barre, commanding him to collect the several sums remaining unpaid, from the persons who ought to pay the same, with five per cent added thereto for his fees; and such town collector is hereby directed to proceed and collect the said taxes and apportionments in the same manner as town and county taxes are now collected, and all necessary power and authority is hereby given to and conferred upon him and his successors in office, for the purpose aforesaid; and he shall return the said warrant, and pay over the amount collected, after deducting his fees, to the commissioners, within thirty days of the delivery of the said warrant to him.
mate to be made, etc.
Loan by board.
Cleaning drains, etc.
S 12. If such estimate and apportionment shall not be sufficient to cover all expenses incurred by said board, under this act, it shall, upon the completion of said drains, make out another estimate and apportionment, in the same manner as herein above provided, and the same shall be, in like manner, enforced and collected.
S 13. The said board is hereby authorized to borrow, on its official bond or bonds, any sum or sums of money not exceeding in the whole the estimated expense of making said drains, and the amount of damages, costs and expenses, incurred in acquiring the said easement; and the same shall be repaid by them out of the, moneys to be raised and collected under this act.
S 14. When the said main drains and the said lateral drains shall be completed, and as often as the same shall need cleaning or scouring out, so as to allow a free passage of water through the same, it shall be the duty of the said board to cause the same to be done, and the expense which shall accrue therefor
shall be assessed, levied and collected in the same manner as is above herein provided for assessing, levying and collecting the expense incurred for the original work.
$15. If any person shall willfully obstruct the said Penalty for drains, or any of them, in any manner, he shall be to drains. adjudged guilty of a misdemeanor, and shall, in addition thereto, forfeit and pay to the board of commis-. sioners, the sum of twenty-five dollars, to be recovered by them in an action to be prosecuted in their individual names, before any justice of the said town of Barre, with costs of suit, which said fine shall be applied to the purposes mentioned in section fourteen of this act.
5 16. The said board shall have power to let out Letting of all or any portion of the work hereby authorized to be done to the lowest bidder, or in its discretion, to have the same performed in such other manner as may seem most beneficial to the parties who are interested in the said drains; but in all cases the said commissioners shall allow the owner of the land through or across whose premises such drain shall pass, the privilege of digging such drain or drains at their estimate and apportionment as laid down in section eight of this act.
$17. The said commissioners are authorized to Pay of com charge and receive pay for their services under this missioners. act, as follows: Chas. S. Allen, during the time he is acting strictly as surveyor and commissioner, shall receive four dollars per day; but the regular compensation of each member of said board shall be two dollars per day, for each and every day necessarily engaged in the discharge of their duties under the provisions of this act.