896 ARTICLE 25.
An. Code, sec. 811. 1912, ch. 656, sec. 9.
92. When the final report is completed and filed it shall be examined
by the Board of County Commissioners, and if it is found to be in due form
and in accordance with the law it shall be accepted, and if not in due form
it may be referred back to the engineer and viewers, with instructions to
secure further information, to be reported at a subsequent date to be fixed
by the board. When the report is fully completed and accepted by the board
a date not less than thirty days thereafter shall be fixed by the board for the
final hearing upon the report, and notice thereof shall be given by publica-
tion in a newspaper of general circulation in the county and by posting a
written or printed notice on the door of the courthouse and at five con-
spicuous places throughout the district, such publication to be made for at
least two weeks before the final hearing. During this time a copy of the
report shall be on file in the office of the Clerk of the County Commissioners,
and shall be open to the inspection of any landowner or other person inter-
ested within the district.
An. Code, sec. 81J. 1912, ch. 656, sec. 10.
93. It shall be the duty of the clerk of the Board of County Commis-
sioners to summon or cause to be summoned all defendant landowners, who
have not signed the petition, when they are known to him or to the viewers,
and if it shall appear to the clerk by affidavit or otherwise that the owner
or owners of the whole or any share of any tract or tracts of land whose
names are unknown and cannot after due diligence be ascertained by the
petitioners, the clerk shall give notice in the nature of a summons to be
given to all such persons by publication of the petition or of the substance
thereof, and describing generally the tract or tracts of land as to which the
owner or owners are unknown, with the order of the commissioners thereon,
in some newspaper published in the county wherein the land is located.
Such notice shall name the day upon which the Board of County Com-
missioners will hold their final hearing before declaring the drainage dis-
trict established. This notice shall be printed for four consecutive weeks
prior to the date of the hearing.
An. Code, sec. 81K. 1912, ch. 656, sec. 11.
94. At the date set for hearing any landowner may appear in person
or by counsel and file his objection in writing to the report of the viewers;
and it shall be the duty of the board to carefully review the report of the
viewers and the objections filed thereto, and make such changes as are
necessary to render substantial and equal justice to all the landowners in the
district. If, in the opinion of the board, the cost of construction, together
with the amount of damages assessed, is not greater than the benefits that
will accrue to the land affected, the board shall confirm the report of the
viewers, and declare the drainage district as established. If, however, the
board finds that the cost of construction, together with the damages assessed,
is greater than the resulting benefit that will accrue to the lands affected, the
board shall dismiss the proceedings at the cost of the petitioners, and the
sureties upon the bond so filed by them shall be liable for such costs.
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