1032 ARTICLE 25

An. Code, 1924, sec. 100. 1912, sec. 81Q. 1912, ch. 656, sec. 17.

101. Should the viewers when making their examination and surveys,
find that the drainage scheme when carried out will benefit any public
highway or any railroad or other public property, then and in that case
the viewers shall in their return assess the State, county or corporation
an amount which they consider just for the benefits which will be derived
through the formation of the drainage district.

An. Code, 1924, sec. 101. 1912, sec. 81R. 1912, ch. 656, sec. 18.

102. If any lands which will not be affected or benefited by the drainage
project shall be located within the outer boundaries of the drainage district
as finally established, such fact shall not prevent the formation of the dis-
trict, 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.

An. Code, 1924, sec. 102. 1912, sec. 818. 1912, ch. 656, sec. 19.

103. 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 defen-
dant in the manner of an ancillary proceeding, and the procedure shall be
substantially as provided for the condemnation of rights-of-way for rail-
roads, so far as the same may be applicable, and such damages as may be
awarded as compensation shall be paid by the Board of Drainage Commis-
sioners out of the first funds which shall be available from the proceeds of
sale of bonds or otherwise.

An. Code, 1924, sec. 103. 1912, sec. 81T. 1912, ch. 656, sec. 20.

104. 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 con-
ditions 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 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 Commis-
sioners and be kept in repair by them as herein provided.

An. Code, 1924, sec. 104. 1912, sec. 81U. 1912, ch. 656, sec. 21.

105. The Board of Drainage Commissioners 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' newspaper,
and also by posting a written or printed notice at the door of the court-
house and at five conspicuous places in the district, reciting that they
propose to issue bonds for the payment of the total cost of improvement,
giving the amount of bonds to be issued, the rate of interest that they are