PHILLIPS LEE GOLDSBOROUGH, ESQ., GOVERNOR. 989

within the outer boundaries of the drainage district as finally
established, such fact shall not prevent the formation of the
district, and said lands shall not be assessed for any drainage
tax; but this shall not prevent the district from acquiring a
right-of-way across such lands for constructing a ditch or canal
or for any other necessary purpose authorized by law.

SEC. 19. Be it enacted, That if it shall be necessary to
acquire a right-of-way or an outlet over and through lands
not affected by the drainage, and the same cannot be acquired
by purchase, then and in such event the power of eminent
domain is hereby conferred, and the same may be condemned.
Such owner or owners of the land proposed to be condemned
may be made parties defendant in the manner of an ancilliary
proceeding, and the procedure shall be substantially as provided
for the condemnation of rights-of-way for railroads, so far as
the same may be applicable, and such damages as may be
awarded as compensation shall be paid by the Board of Drain-
age Commissioners out of the first funds which shall be avail-
able from the proceeds of sale of bonds or otherwise.

SEC. 20. Be it enacted, That the owner of any land that
has been assessed for the cost of the construction of any ditch,
drain or water course, as herein provided, shall have the right
to use the ditch, drain or water course as an outlet for lateral
drains from said land; and if said land is separated from
the ditch, drain or water course by the land of another or
others, and the owner thereof shall be unable to agree with
said other or others as to the terms and conditions on which
he may enter their lands and construct said drain or ditch,
he may file his ancillary petition in such pending proceeding
to the Board of County Commissioners, and the procedure shall
be as now provided by law. When the ditch is constructed it
shall become a part of the drainage system and shall be under
the control of the Board of Drainage Commissioners and be
kept in repair by them as herein provided.

SEC. 21. Be it enacted, That the Board of Drainage Com-
missioners shall give notice for three weeks by publication in
some newspaper published in a county in which the district,
or some part thereof, is situated, if there be any such news-
paper, and also by posting a written or printed notice at the
door of the courthouse and at five conspicuous places in the
district, reciting that they propose to issue bonds for the pay-
ment of the total cost of improvement, giving the amount of
bonds to be issued, the rate of interest that they are to bear
and the time when payable. Any landowner in the district
not wanting to pay interest on the bonds may, within fifteen