Collection of assess ments; how made. ing of said ditch, which report or certificate shall be a copy of the same filed by the viewers in said cause, and shall also be signed by the said viewers and approved by the County Judge. When this shall come to the hands of the sheriff it shall become his duty to notify each party against whose land assessments are made that same are in his hands for collection and that unless same are paid within 120 days, that a penalty of six per centum of the sum assessed shall be added to said assessment; and such penalty shall become part of the ditch fund for the keeping and maintenance of said ditches after the costs of collecting same are paid. If said assessments are not paid to the sheriffs as before set out, or before 120 days upon his receipt of said assessments, then he shall collect same as other revenues and taxes, at the same time and in the same manner as provided by the laws of the State of Kentucky for their collection, together with the penalty of six per centum as hereinbefore provided. The sheriff shall keep a separate book showing in full the amount of assessment made in each ditch petitioned, and showing the amount due from each party, as well as the amount of land assessed, and showing the amount collected by him and at each term of the County Court, after the receipt of said assessments, he shall make a written report to the said court of all amounts collected by him and any amounts yet due and uncollected, which shall be filed and certified to the County Court Clerk, recorded Record to be in the ditch book kept by said clerk, and upon the kept. approval of said report by the County Judge, he shall pay over to the ditch commissioner upon the order of the County Judge any and all money that may be in his hands, specifying in each instance against what ditch said collections are made, and shall take the said Commissioners' receipt therefor. which he shall file with his next report. The sheriff shall be paid for the collection of said assessments, costs, etc., six per centum upon all amounts collected by him. $ 4. Subsection 19 of section 2380 of the Kentucky Statutes shall be amended by striking out all words contained by said section and adding in lieu thereof these words, which shall read: be let, if no Bond to be contractors. to After the transcript of the proceedings had in Contracts the Circuit Court and all other papers in the case appeal. are returned to the County Clerk's office the clerk shall cause such entry to be made on the records as may be necessary to give effect to the judgment of the Circuit Court, within fifteen days from the order of said Circuit Court, or if there be no appeal within twenty days from the establishment of said ditch or drain, the ditch commissioner shall let out contracts for the work in accordance with the report of the viewers to the lowest and best bidder, at such a price not to exceed the estimated cost as set out in the viewers' report. He shall have the power to allot all or any portion of said work to a contractor, but before doing same he shall take from said contrac- executed by tor a contractor's bond, with two freehold securities, payable to the Commonwealth of Kentucky, to be approved by the County Judge, conditioned that he will perform his contract and pay all damages which may accrue to any person, or persons by reason of his failure to complete the job within the time required in the contract thereof. Before allotting said contract or contracts the commissioner shall cause to be published in some paper in the county, in which the said drain, ditch or water course is proposed to ment for bids. be established, an advertisement that he will, on some certain day, at the court house in said county, receive bids for the work upon said ditch, which notice shall be published for two successive weeks before letting of said contract, and shall also post a copy of said notice at the court house door, and in three public places in the vicinity of said ditch or drain. Any contract not completed within the time fixed in the contract and bond, shall be relet by the said commissioner to the lowest responsible Advertise Duty of County Judge where ditch is in two ties. coun bidder who shall give a like bond as the original bidder, and the person and his security, to whom the contract was first let shall be liable for the additional costs and expenses which may be incurred by his failure to complete the work as required by his contract. § 5. That sub-section 20 of section 2380, Kentucky Statutes, shall be amended by striking out all the words of said sub-section. 20. § 6. That sub-section 22,23 and 24 of section 2380, Kentucky Statutes, be, and the same is hereby amended and when so amended shall read: Sections 22, 23 and 24. The County Judge of the county in which any such ditch shall be established, or Judge of the county in which the greater length of any such ditch is established, in case it shall be established in two or more counties, shall appoint a commissioner thereof whose duty it shall be to keep the ditch at all times open and free from drift and obstruction of all kinds, and his compensation shall be fixed by the Fiscal Court of such county. And all lands originally assessed for the construction of said ditch shall contribute in proportion to their original assessment to provide a fund for the payment of the commissioner's salary, and the other necessary cost of keeping such ditch open and free from obstruction: Provided, however, That no assessment for such purpose shall exceed ten per centum of the original assessment, and shall be made by the Limit of as- Fiscal Court of such county in which such commissioner is appointed, and such assessment when made shall be placed in the hands of the sheriff and collected as other taxes are collected, and when so collected, shall be turned over to the ditch commissioner, and shall be paid out by him only upon the order of the County Judge. The commissioner may employ such help as may be necessary, with the approval of the County Judge, to keep the ditch open and free from obstruction, and the help so employed shall be paid sessment. by the commissioner upon the order of the County Judge. The commissioner shall report in writing to the County Court every three months all receipts and expenditures had and made by him, and the condition of all the ditches in his county under his control and each report shall be certified by the County Judge to the Fiscal Court at its next regular meeting. The commissioner shall execute a bond with good and sufficient freehold securities payable to the Commonwealth of Kentucky, to be approved by the County Judge, conditioned upon the faithful performance of his duties as said commissioner. 7. That subsection 26 of section 2380, Kentucky Statutes, be amended, and when so amended shall read: Ditch ac Section 26. The commissioner of ditches of any county shall provide a suitable book at the expense counts to be of the county, in which to keep such ditch accounts kept. and shall open therein an account with each public ditch or drain in his county in the name of which the same is generally known, and he shall charge all assessments and credit all payments made in each case. The money collected shall constitute a separate and special fund, and shall be paid out by the commissioner upon the order of the County Judge to the persons entitled to the same by the provisions of this act. stitute, sep $ 8. That subsection 5 of section 2412a, Kentucky Statutes, shall be amended and when amended shall read: Section 5. All fines, forfeitures or penalties provided for in this Act may be recovered in the County Court or any other court of competent jurisdiction. $9. That subsection 7 of section 2412a, Kentucky Statutes, shall be amended by striking out all words 'contained in said subsection. Became a law without the approval of the Governor, March 27, 1908. Money collected to conarate fund. Fines; where recoverable. $40,000.00 appropriated for erection CHAPTER 74. AN ACT appropriating money for the erection of buildings upon the State Fair grounds. Be it enacted by the General Assembly of the Commonwealth of Kentucky: § 1. That the sum of forty thousand dollars shall be appropriated out of any money in the treasury, not for State Fair. otherwise appropriated to be due and payable as fol of buildings out. How paid Emergency. lows: Twenty thousand dollars July 1, 1908, and twenty thousand dollars July 1, 1909, for the purpose of erecting buildings for the exhibition of live stock, mineral, horticultural and manufactured products of the Commonwealth. Said buildings shall be erected upon the State Fair grounds, and the erection of same shall be under the supervision of the State Board of Agriculture, Forestry and Immigration. § 2. The chairman of the State Board of Agriculture, Forestry and Immigration shall require bond of not less than twenty-five thousand dollars, in favor of the Commonwealth, from said Board or its treasurer, and shall file same with the Auditor, and upon the filing of said bond, the Auditor shall draw his warrant upon the treasurer for each amount as it falls due, in favor of said State Board of Agriculture, Forestry and Immigration. § 3. Since it is necessary for the good of the Agricultural and other interests of the State, that work begin as soon as possible upon some of these buildings, an emergency is declared to exist and this act shall take effect immediately upon its passage. Approved March 26, 1908. |