by the commissioners, must be filed with the treasurers of each of the other counties.

Lien of assessment. From and after the filing of the list, or certified copies thereof, the charges assessed upon any tract of land in the district constitute a lien thereon, and

The list thus prepared must remain in the office of the treasurer for thirty days, or longer if ordered by the board of trustees,

Payment of charges. and during the time it so remains in the office of said treasurer any person may pay the amount of the charges assessed against any tract to the treasurer without costs, either in cash or in regularly issued warrants of the district; or, if so ordered by the board of trustees, said payments may be by installments which installments may be paid either in cash or in regularly issued warrants of the district; and if, at the end of thirty days, or of the longer period fixed by the trustees, all the charges, or all of any installments ordered by them, have not been paid, the treasurer must return the list to the board of trustees of the district,

Interest on unpaid assessments. and all unpaid assessments shall bear legal interest from the date of the return of the lists to said board, and shall thereafter be collected and paid in separate installments, of such amounts, and at such times, respectively, as the board, from time to time, in its discretion, may, by order entered in its minutes, direct;

Action for unpaid installments when accrues. and a cause of action for the collection of any such installments shall accrue at the expiration of twenty days from the date of the order directing its payment;

Nonpayment of installments. Entire debt becomes due. provided, that if any such installments shall remain unpaid at the expiration of said twenty days, then the whole of the assessment against the land owned by the person failing to pay such installment shall become due and payable at once, and may, in the discretion of the board, be collected immediately, in one and the same action.

Actions for delinquent installments. Parties. The board of trustees of the district must commence actions for the collection of such delinquent installments, and delinquent assessments, with interest thereon, and costs, and for the enforcement of the lien thereof on the land assessed, in the superior court of the county in which the land, or some portion of it, is situated, in which action all persons claiming any interest in said land upon which said assessment is levied, and any person necessary to a complete determination of the action, may be joined as defendants in said action. No person holding a conveyance from or under the person to whom the land was assessed or having a lien thereon, which conveyance or lien does not appear, of record in the proper office at the time of the commencement of the action, need be made a party to such action, and the judgment therein rendered, and the proceedings therein had, are as conclusive against the party holding such unrecorded conveyance or lien as if he had been a party to the action.

Notice of the pendency of such action may be filed in the office of the county recorder of the county in which the land affected by said

action is situated in the same manner and with like effect as in other actions affecting real property.

Unknown parties. When the name of any person, properly a defendant in any such action, as herein provided, is unknown to the said trustees such person may be joined in said action and be sued by a fictitious name, and if his true name is thereafter, and before final judgment, discovered or ascertained the same may be, thereafter, substituted for such fictitious name.

Service of the summons in such action shall be made in the same manner as is provided by law for the service or publication of summons in other actions.

Assessments on several tracts may be included in the same action, if listed to the same persons, and causes of action on separate assessments on the same land may be included in the same action.

Decree and lien. In all actions for the collection of delinquent assessments, the court may decree and adjudge a lien against each tract for the amount assessed against the same, and may order it to be sold, on execution or decree, as in other cases of sale of real estate on execution.

List is prima facie evidence. In any action to enforce said lien or to determine the validity of the same, said list, duly executed by said commissioners, or a certified copy thereof shall be prima facie evidence of the matters therein contained, and that said commissioners were duly appointed and qualified, as required by law, and that they did view and assess upon the lands set forth in said list the charges therein contained, and that said charges are in proportion to the whole expense and the benefits which will result from the work of drainage for which said assessment was so levied.

The judgment or decree must direct that the sale be made for lawful money of the United States.

The board of trustees must pay the moneys collected to the county treasurer, who must place the same to the credit of the district. [Amendment approved February 19, 1909. Stats. 1909, p. 28.]

§ 15. Executing work. The work must be executed under the direction and in the manner prescribed by the board of trustees.

§ 16. Account of expenditures. The board must keep accurate accounts of all expenditures, which accounts, and all contracts that may be made by them, are open to the inspection of the board of supervisors, and every person interested.

§ 17. Purchases by trustees. The trustees may acquire, by purchase, all property necessary to carry out and maintain the system of drainage provided for.

§ 18. Eminent domain. The trustees may acquire, by condemnation, the right of way for canals, drains, embankments, and other works necessary, and may take materials for the construction, maintenance, and repair thereof from lands outside of as well as in the limits of said district.

§ 19. Same. The provisions of Title VII, Part III, of the Code of Civil Procedure are applicable to, and condemnation herein provided for must be made thereinunder.

§ 20. Drainage entirely by owners, procedure. Whenever any district of lands susceptible of one mode of drainage is entirely owned by parties who desire to drain the same, and to manage such drainage without the intervention of trustees or the establishment and adoption of by-laws, such parties may file the petition provided for in sections 1 and 2, and they must state therein that they intend to undertake such drainage on their own responsibility. If the petition is granted, the owners of the lands shall have all the rights, immunities and privileges possessed by boards of trustees, and in all proceedings the names of owners may be used instead of the names of trustees. [Amendment approved February 19, 1909. Stats. 1909, p. 30.]

§ 20a. Boundaries may be changed. The boundaries of any drainage district now organized, or which may hereafter be organized, under the provisions of this act, may be changed, and tracts of land which were not included within the original boundaries, or changed boundaries of said district, at or after its organization, may be included therein, and tracts of land which were included within the boundaries of said district, at or after its organization, may be excluded therefrom in the manner in this section prescribed; but neither such change of the boundaries of the district, nor such inclusion or exclusion of land in or from the district, shall impair or affect its organization or its right in or to property or any of its rights or privileges of whatever kind or nature; nor shall any inclusion or exclusion of land from the district affect, impair or discharge any contract, obligation, lien or charge for or upon which said district may become liable or chargeable had such change of its boundaries not been made, or had said land not been included or excluded from the district. 1. Petition to include additional land. The owner or owners in fee of one or more tracts of land susceptible of the same mode of drainage as the land within the boundaries of the district, and contiguous to the boundaries of said district, may jointly or severally file with the board of supervisors of the county in which the district was formed a petition praying that such tract or tracts may be included within the exterior boundaries of said district. The petition shall state the grounds and reasons upon which it is claimed that such land should be included. Such petition must be acknowledged in the same manner and form as is required in the case of conveyance of land, and the acknowledgment shall have the same force and effect as evidence as the acknowledgment of such a conveyance.

Publication of notice. The clerk of the board of supervisors shall cause a notice of filing of such petition to be published at least two weeks in some newspaper of general circulation published in the county where said district was formed, and if any portion of such territory to be included lies within another county or counties, then such notice shall be so published in a newspaper published within each of said counties; or if no newspaper be published therein then by posting such notice for the same time in at least three public places within said district, and in the case of posting of said notices one of said notices must be so posted on the land proposed to be included.

Personal notice to property owners. In addition to the notice by publication or posting, as above provided, he shall cause such notice

to be mailed to each person owning property within said district, by United States mail, postage prepaid to the postoffice address of such land owner if known, and if not known then to his last known address. Said notice shall be mailed at least ten days before the day set for such hearing. The notice shall state the filing of such petition, the names of the petitioners, a description of the land mentioned in said petition and the prayer of said petition, and it shall notify all persons interested in, or who may be affected by the change of the boundaries of said district, to appear at the office of said board at the time named in said notice, and show cause in writing, if any they have, why the change of the boundaries of said district as proposed in said petition should not be made. The time specified in the notice at which they shall be required to show cause shall be at a regular meeting of the board.

Hearing of petition. The board of supervisors at the time and place mentioned in the notice, or at any time or times to which the said petition may be adjourned, shall proceed to hear the petition and all evidence or proofs that may or shall be introduced by or on behalf of the petitioner or petitioners, and all objections to said petition that may or shall be presented in writing by any person showing cause as aforesaid, and all evidence or proofs that may be introduced in support of such objection. Such evidence shall be taken down in shorthand and a record made thereof and filed with the board. Assent of interested parties. The failure of any person interested in said district, other than the holders of legally issued warrants of said district, to show cause in writing why the tract or tracts of land mentioned in said petition should not be included in said district, shall be deemed and taken as an assent by him to the inclusion of such tract or tracts of land or any part thereof in said district; and the filing of such petition with said board as aforesaid shall be deemed and taken as an assent by each and all of such petitioners to the inclusion within the said district of land mentioned in the petition or any part thereof.

Expense. The expense of giving said notice and of the aforesaid proceeding, should be paid by the person or persons filing such petition.

Board may deny petition. Or may grant. If, upon the hearing of any such petition, no evidence or proofs in support thereof be introduced, or if the evidence fails to sustain said petition or if the board deems it not for the best interests of the district that the land or some portion thereof mentioned in the petition should be included within said district, the board shall order that said petition be denied as to such land; but if the board deems it for the best interest of the district that the land mentioned in the petition or some portion thereof be included within the district, and if no person interested in the district show cause in writing why the said land or some portion thereof should not be included within the district, or if having shown cause, withdraws the same, or upon the hearing fails to establish such objections as he may have made then it shall be the duty of the board forthwith to make an order that the lands mentioned and described in the petition or some defined portion thereof be included within said district;

Petition may be blocked by owners of ten per cent of acreage of district. provided, that if the holders of the legal title representing ten per cent of the total acreage embraced within the exterior boundaries of said district, as appears from the last assessment list made and placed in said district, or if none has been made, then as appears from the petition for the organization of the district or the supplemental petitions filed to include and exclude lands from the district, file with the board of supervisors of said county written objections to the inclusion of such land within the district, it shall be the duty of said board of supervisors to forthwith deny said petition and refuse to include said land within the boundaries of said district.

If granted petitioners shall contribute on account of past expenditures. In the event the board of supervisors determine that the land described in said petition or any portion thereof should be included within the exterior boundaries of said district, then the board shall require evidence of the amount of money expended theretofore by the district for improvements and expenses, and before it shall make its order declaring said land or a portion thereof to be included in said district, the board shall require said petitioners to pay to the county treasurer the amount which said board shall deem equitable as and for the contribution of said tract of lands or a portion thereof toward the work already done by the district and the money expended by the district, which said money shall be paid into the county treasury in the county in which said district is formed, and the board before making its written order declaring said tract of land or a portion thereof a part of said district, shall require a receipt from the petitioner or petitioners showing that the sum of money ordered by the board to be paid into the county treasury has been paid.

Shall also be included in current assessments. In case there is at the time of such application, or at any time prior to the final determination thereof, a lien upon the lands within the district for assessment, then, in addition to the foregoing, the board of supervisors must determine the amount that the tract of land to be included within the district should be assessed for, and shall so order, and from the time that the order is so made the same shall constitute a lien against said land included within the district, and shall have the same force and effect as the liens herein before provided for in this act, and the same shall be due and payable at the same time or times as the assessment made upon the lands already within the district.

2. Petition to exclude land from district. The owner, or owners in fee, of one or more tracts of land within the boundaries of the district, may jointly or severally file with the board of supervisors of the county in which the district or greater part thereof is situate, a petition praying that such tract or tracts may be excluded from said district. The petition shall state the grounds and reasons upon which it is claimed that such land should be excluded. Such petition must be acknowledged in the same manner and form as is required in the case of conveyance of land and the acknowledgment shall have the same force and effect as the acknowledgment of such a conveyance.