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stallments, and have his said property released from the lien of said assessments and bonds, or he shall have the preferential right to purchase at the highest bid therefor the bonds of said district in any amount not to exceed double the amount of his assessment, and the said Board of Supervisors shall scale down the amount of bonds issued, by so much, as may be paid in by such property owners as take advantage of the option aforesaid.

History.-Laws 1905, H. R. 224, sec. 20; in force March 29.

5581. Lien of assessment.

And

All the assessments on real property and easements shall be a lien against the said property assessed from and after the first Monday in April in the year in which it is assessed and shall draw interest at the rate of ten per cent per annum from the first day of May of the year following said assessment. such lien is not removed until the assessments are paid or the property sold for the payment thereof, and it shall be the duty of the County Treasurers to collect such assessments in the same manner as other taxes against real estate are collected, and the revenue laws of the state for the collection and sale of land for such taxes are hereby made applicable to the collection of assessments under this act and when bonds have been issued by the drainage district the taxes so collected to pay the same shall constitute a sinking fund to be used for the payment of said bonds and the interest thereon.

History.-Laws 1905, H. R. 224, sec. 21; in force March 29.

5582. Sale of bonds by board.

The Board may sell said bonds from time to time in such quantities as may be necessary and most advantageous to raise the money for the construction of said ditches and works, the acquisition of said property and rights, and otherwise to fully carry out the object and purpose of this act. Before making any sale the Board shall, at a meeting, by resolution declare its intention to sell a specified amount of the bonds and the day and hour and place of such sale, and shall cause such resolution to be entered in the minutes, and notice of the sale to be given by publication thereof at least twenty days in a daily newspaper published in the city of Lincoln, and in any other newspaper, at their discretion. The notice shall state that sealed proposals will be received by the board at their office, for the purchase of bonds till the day and hour named in the resolution. At the time appointed the board shall open the proposals and award the purchase of the bonds to the highest responsible bidder and may reject all bids, but said board shall, in no event sell any of said bonds for less than par. The money derived from the sale of any bonds shall be deposited by the said Board of Supervisors with some bank or trust company in any county in said district under such conditions as the said board may prescribe and may be withdrawn from said. depository when ordered by the said board on check or warrant signed by the chairman and countersigned by the secretary thereof.

History-Laws 1905, H. R. 221, sec. 22; in force March 29.

5583. Board may change course of stream-Cross railroad.

In order to effect the drainage of said district, the board is authorized to clean out and remove all obstructions from the bed of any stream, creek, bayou, lagoon or other water course in said district, to straighten or shorten and deepen or widen the course of any stream or to abandon the bed of any stream and construct a new channel therefor, and to fill up any channel, or part of a channel of any stream, creek, bayou, or other water course in order to turn the direction of the volume of water or to concentrate the water so as to deepen and form a main channel. The said board shall have the power to construct the said works across

any street, avenue, highway, railway, canal, ditch or flume which the route of said ditches may intersect or cross, in such manner as to afford security for life and property but the said board shall restore the same, when so crossed or intersected, to its former state as near as may be, or in a sufficient manner not to have impaired unnecessarily its usefulness; and every company whose railroad shall be interested or crossed by said works shall unite with said board in forming said intersections and crossings, and grant the privilege aforesaid; and if such railroad company and said board, or the owners and controllers of said property, thing or franchise so to be crossed, cannot agree upon the amount to be paid therefor, or the points or the manner of said crossings, the same shall be ascertained and determined in all respects as is provided in respect to the taking of land. The right of way is hereby given, dedicated, and set apart, to locate, construct and maintain said works over and through any of the lands which are now, or may be the property of the state.

History.-Laws 1905, H. R. 224, sec. 23; in force March 29.

5584. Bids for construction-Contract.

Upon the acquirement of the rights of way, easements, franchises, or other property necessary for the construction of the ditches and other improvements determined upon by said district, and after the final hearing upon the assessment of benefits, and the levy of the same as a tax or an assessment against the property benefited in said district, has been ordered by said Board of Supervisors; or the property owners of said district have given their consent to issue bonds, then the said board shall give notice by publication thereof for not less than twenty days in one newspaper published in each of the counties comprising the district, providing a newspaper is published therein, and in such other newspapers as they may deem advisable, calling for bids for the construction of said improvements or any part thereof; if less than the whole work is advertised, then the portion so advertised must be particularly described in such notice; said notice shall set forth that plans and specifications can be seen at the office of the Board, and that the Board will receive sealed proposals therefor, and that the contract will be let to the lowest responsible bidder, stating the time and place for opening the proposals, which at the time and place shall be opened in public, and as soon as convenient thereafter the Board shall let said work, either in portions or as a whole, to the lowest responsible bidder, or they may reject any and all bids and re-advertise for proposals, or may proceed to construct the work under their own superintendence with the labor of the residents of the district. Contracts for the purchase of material shall be awarded to the lowest responsible bidder. The person or persons, to whom a contract may be awarded shall enter into a bond with good and sufficient sureties, to be approved by the Board, payable to said district for its use, for the amount of the contract price, conditioned for the faithful performance of said contract. The work shall be done under the direction and to the satisfaction of the drainage commissioner, and to be approved by the board.

History.-Laws 1905, H. R. 224, sec. 24; in force March 29.

5585. Limitation of act.

None of the provisions of this act shall be construed as repealing or in any wise modifying the provisions of any other act relating to the subject of draining, reclaiming, or protecting swamp, overflowed, or submerged lands. Nothing herein contained shall be deemed to authorize any person, or persons, to divert the waters of any river, creek, stream, canal, or ditch from its channel to the detriment of any person or persons having any interest in such river, creek, stream, canal, or ditch, or the waters therein, unless previous compensation be

ascertained and paid therefor, under the laws of this state authorizing the taking of private property for public use.

History.-Laws 1905, H. R. 224, sec. 25; in force March 29.

5586. Two districts interested in their outlet.

When two or more districts shall have their outlet or discharge into the same natural water course or stream and it shall become necessary to deepen or enlarge said natural water course or stream, each district shall be assessed for the cost of such work in the same ratio to such total cost as the discharge of waters of such district bears to the combined discharge of waters of the several districts emptying into said natural water course or stream; but no district shall be liable to contribute for any improvement or costs and expenses incurred in improving said natural water course or stream above the point of discharge of the waters of such district into the same.

History.-Laws 1905, H. R. 224, sec. 26; in force March 29.

5587. Right of landowner to drain into ditch.

The owner of any land, lot or premises that have been assessed for the payment of the cost of the location and construction of any ditch, drain or water course, as hereinbefore provided, shall have the right to use the ditch, drain or water course as an outlet for lateral drains from said land, lot or premises. History.-Laws 1905, H. R. 224, sec. 27; in force March 29.

5588. Subdistricts-Right to cross other land.

If any person who owns land within the drainage district which has been assessed for benefits and which is separated from the ditch, drain or water course for which it has been assessed, by the land of another or others, shall desire to ditch or drain his said land across the land of such other or others into such ditch, drain or water course and shall be unable to agree with such other or others on the terms and conditions on which he may enter upon their lands and construct such drains or ditch, he may proceed in the manner in this act provided, and the ditch or drain which he shall construct or cause to be constructed shall be considered to be conducive to the public health, welfare, convenience and utility to promote which said drainage district was established. He may file his petition with the Clerk of the District Court asking the said Court to establish a sub-district within the limits of the original district for the purpose of securing more complete drainage, describing the lands to be effected thereby by metes and bounds or otherwise so as to convey an intelligent description of such lands; and all proceedings shall be the same as herein provided for the establishment formation and construction of original districts and improvement thereof, including the assessment of damages the assessment of benefits and when established and constructed, it shall be and become a part of the drainage system of such drainage district and be under the control and supervision of the Board of Supervisors.. History.-Laws 1905, H. R. 224, sec. 28; in force March 29.

5589. Treasurer-Collection of assessments.

The treasurer of the county in which the drainage district, or the largest portion thereof, is situated, shall be ex-officio treasurer of said drainage district, for the purposes of collecting and disbursing said tax or assessments, and the treasurers of the counties in which the smaller parts of the district shall be situated shall pay over to him any and all funds collected and paid over to them for the benefit of said drainage district, and shall take the receipt of the treasurer therefor, in duplicate, the original of which the treasurer paying the money shall keep for his own protection, and the duplicate shall be filed in the office of the clerk of the county of which the person receiving said money shall be treasurer.

It shall be the duty of the treasurer, who is ex-officio treasurer of the drainage district, to pay any money in his hands, collected as aforesaid, upon warrants, signed by the chairman and attested by the secretary of the board of supervisors of the district, when the same shall be presented for payment. All warrants issued by the board of supervisors of any drainage district shall be in the following form:

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Treasurer of the County of
Pay to...

given at the town of.

. Dollars, out of any money in the Treasury belonging Drainage District in the County of....

Board of Supervisors of..

Attest:

Secretary.

State of Nebraska. By order of the
..Drainage District.

Chairman.

History.-Laws 1905, H. R. 224, sec. 29; in force March 29.

5590. District warrants treated same as county warrants.

The law of this state, under which county warrants are issued, sold, transferred, as signed, presented for payment and paid, shall apply to all warrants issued by virtue of the provisions of this act.

History.-Laws 1905, H. R. 224, sec. 30; in force March 29.

5591. Pay of drain commissioner and officers.

The Drain Commission shall receive such compensation for his services as the board of supervisors shall by order prescribe, and the clerk of the district court, and the county treasurer, shall each receive fees for their services as are allowed them by law for like services.

History.-Laws 1905, H. R. 224, sec. 31; in force March 29.

5592. Assessment for repairs.

If at any time after the final construction of said improvements the same shall become out of repair, obstructed, inefficient, or defective from any cause, the said board of supervisors may order an assessment upon the lands benefited by said drainage system for the purpose of placing the same in proper and suitable condition for drainage purposes, using the original assessment upon the property in said district as a basis to ascertain the ratio that each separate tract or lot of land or property bears to the whole amount to be levied and said board shall fix and determine the amount of the assessment or tax that shall be levied against each separate piece of property in said district. And to meet the requirements of this act, which said assessment shall be limited to the amount necessary to make and complete said repairs, remove said obstruction, or remedy any such defect, or defects, and shall be levied and collected in the same manner as other assessments provided for in this act for the location, construction and operation of said system of drainage are collected, and expended. Provided, that if the repair is made necessary by the act or negligence of the owner of any land through which such improvement is constructed, or by the act or negligence of his agent or employe, or if the same is filled and obstructed by the cattle, hogs or other stock of such owner, employe or agent then the cost thereof shall be assessed and levied against the lands of such owner alone.

History-Laws 1905, H. R. 224, sec. 32; in force March 29.

5593. Care of ditch-Overseers.

For the purpose of preserving any ditch, drain, dyke, or other works constructed or erected under the provisions of this act, the board of supervisors

shall have the power to appoint not more than three overseers of their respective districts, who shall hold their offices for the term of one year; whose duty it shall be to keep the ditches, drains, dykes, and other works erected or constructed for the reclamation of the lands in the drainage district in good repair, and remove all obstructions from all ditches, drains, or water courses within their respective districts. It shall also be the duty of said overseers to cause the arrest of all persons who shall be known to have filled up, or put any timber or brush into, or to have in any way obstructed any ditch, drain, or water course, or have damaged any dyke, or other work erected or constructed for the reclamation of lands as aforesaid, within their respective districts, and bring them before a justice of the peace, or some other officer having jurisdiction for trial and punishment.

History.-Laws 1905, H. R. 224, sec. 33; in force March 29.

5594. Penalty for injury or obstruction to ditch.

If any person shall wilfully obstruct or injure any ditch, drain, or water course, or damage or destroy any dyke or other work constructed under the provisions of this act, he shall be liable to the drainage district for the full amount of the injury occasioned by the damage thereto, the same to be recovered by a civil action in the name of the district before any court having jurisdiction thereof, and in addition thereto shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in any sum not exceeding the sum of one hundred dollars, and may be imprisoned until such fine and the costs of prosecution are paid.

History-Laws 1905, H. R. 224, sec. 34; in force March 29.

5595. Construction of acts.

This act shall be liberally construed to promote the drainage and reclamation of wet, overflowed or submerged lands, and the establishment of said corporation, and the collection of assessments shall not be defeated by reason of any defect in the proceedings occurring prior to the judgment of the court, or of the board. of supervisors confirming and establishing the assessment of benefits and injuries, but such judgment shall be conclusive and final that all prior proceedings were regular and according to law, nor shall any person be permitted to take advantage of any error, defect, or informality, unless the person complaining thereof is directly affected thereby, at any stage of the proceedings, and if the court of board of supervisors shall deem it just to release any persons, or modify his assessment or liability, it shall in no manner affect the right or liability of any other person.

History.-Laws 1905, H. R. 224, sec. 35; in force March 29.

5596. Irregularities-Injunction.

The collection of assessments to be levied to pay for the location, construction, maintenance, or repair of any ditch, levee, dyke, or water course, shall not be enjoined nor declared void; nor shall said assessment be set aside in consequence of any error, omission, or irregularity committed or appearing in any of the proceedings provided for by this act, and no injunction shall be allowed restraining the collection of any assessment until the party complaining shall first pay to the county treasurer the amount of his assessment, which amount so paid may be recovered from said district in an action brought for that purpose in case said injunction is made perpetual.

History-Laws 1905, H. R. 224, sec. 36; in force March 29.

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