HERBERT R. O'CONOR, GOVERNOR. 367

41. When the lands described in the petition are located
in two or more counties, the Board of County Commis-
sioners of either county shall have and may exercise the
jurisdiction herein conferred, but the venue shall lie in
that county in which the petition is filed. There shall be at
least one member of the Board of Drainage Viewers from
each county in which the said lands are located.

42. The Board of Drainage Viewers, before proceeding
with the execution of its duties, shall give not less than ten
days' previous notice of its intention to proceed, by notice
set up at four public places in the area described in the
petition, and by notice inserted in a newspaper or news-
papers published in the county or counties in which the
lands to be viewed are located.

43. The Board of Drainage Viewers shall engage the
services of a competent and experienced engineer and with
him shall (go upon and view the lands described in the
petition. They shall make a careful and thorough examina-
tion of the area, and of other lands if necessary to locate
properly such improvement or improvements as are peti-
tioned for. They shall see that all lands which would be
benefited are included in the proposed organization, and
shall exclude any lands described in the petition which
they may determine would not be benefited by the pro-
posed improvements. They shall make such surveys as are
necessary to determine the boundaries and elevations of
the several parts of the area, and to develop a plan for the
necessary improvements. They shall lay out on the ground,
plainly and substantially marked, the line of each ditch or
drain or other improvement which they shall deem neces-
sary.

The Board of Viewers, or their employees or agents may
enter upon the lands within or without the area in order
to make surveys and examinations to accomplish their pur-
pose, being liable, however, for actual damage done. Any
person or corporation preventing such entrance shall be
guilty of a misdemeanor, punishable by a fine not exceed-
ing fifty dollars in the discretion of the court.

44. The Board of Drainage Viewers shall consider any
damages claimed arising from land taken or for incon-
venience imposed by reason of the construction of the pro-
posed, improvements, or by any other legal damage sus-
tained. Such damages shall be considered separate and
apart from any benefits that would result from the pro-
posed improvements.

45. All persons whose lands will derive benefit from
the proposed improvements shall contribute to the cost