27.8 COUNTY COMMISSIONERS. [ART. 25

costs and expenses incurred in the proceedings in case the board does
not grant the prayer of said petition, the said clerk shall issue a sum-
mons to be served on all the defendant landowners who have not joined
in the petition and whose lands are included in the proposed drainage
districts. The summons may be served by publication as to any defend-
ants who cannot be personally served as provided by law. When a
mortgage is held on land within the proposed drainage district, notice
shall be given to the holders of mortgages in all respects as is provided
in sections 81A-81AA for defendant landowners, and they shall have the
right to appear before the commissioners in person or by counsel. Upon
the return day the said Board of County Commissioners shall appoint a
disinterested and competent civil and drainage engineer who shall be
recommended by the State drainage engineer (or if there is no drain-
age engineer then by the state roads engineer), and two resident free-
holders of the county or counties in which said lands are located as a
board of viewers to examine the lands described in the petition and
make a preliminary report thereon. When the lands proposed to be
drained and created into a drainage district are located in two or more
counties the Board of County Commissioners of either county shall
have and exercise the jurisdiction herein conferred, and the venue shall
be in that county in which the petition is first filed.

1912, ch. 656, sec. 3.

81C. The Board of Viewers appointed under section 81B shall at
once proceed to make a careful and thorough examination of the lands
described in the petition, and other land if necessary to locate properly
such improvement or improvements as are petitioned for, along the
route described in the petition or any other route answering the same
purpose if found more practicable or feasible, and shall see that the
lands of all who desire to come within the drainage district have been
included within said district, and they may make surveys necessary
to determine the boundaries and elevation of the several parts of the
district, and to enable them to form a tentative plan for development,
and shall make and return to the clerk of the Board of County Com-
missioners, to be placed on public file in his office within thirty days,
unless the time shall be extended by the board, a written report which
shall set forth:

1. Whether the proposed drainage is practicable or not.
2. Whether it will benefit the public health or any public highway
or be conducive to the general welfare of the community.

3. Whether the improvement proposed will benefit the lands in ques-
tion sufficiently to warrant the probable expenditure.

4. Whether or not all the lands that will be benefited are included in
the proposed drainage district.

They shall also file with their report a map of the proposed drainage
district, showing the location of the ditch or ditches, or other improve-
ments to be constructed with an approximate estimate of the cost, and