§ 156-61. Estimate of expense and manner of payment; advancement of funds and repayment from assessments.
§ 156‑61. Estimateof expense and manner of payment; advancement of funds and repayment fromassessments.
The clerk may make an estimate of the aggregate sum of money whichshall appear to be necessary to pay all the expenses incident to theperformance of the duties by the board of viewers, including the compensationof the drainage engineer and his necessary assistants, and also including thesum for the compensation of the attorney for the district, and such court costsas may probably accrue, which estimates shall embrace the period of services upto and including the establishment of the drainage district and the selectionand appointment of the board of drainage commissioners. The clerk shall thenestimate the number of acres of land owned or represented by the petitioners,as nearly so as may be practicable without actual survey, and shall assess eachacre so represented a level rate per acre, to the end that such assessment willrealize the sum of money which he has estimated as necessary to pay all necessarycosts of the drainage proceeding up to the time of the appointment of thedrainage commissioners, as above provided. The assessment above provided forwhich has been or may hereafter be levied shall constitute a first andparamount lien, second only to State and county taxes, upon the lands soassessed, and shall be collected in the same manner and by the same officers ascounty taxes are collected. The board of viewers, including the drainageengineer, shall not be required to enter upon the further discharge of theirduties until the amount so estimated and assessed shall be paid in cash to theclerk of the court, which shall be retained by him as a court fund, and forwhich he shall be liable in his official capacity, and he shall be authorizedto disburse the same in the prosecution of the drainage proceeding. Unless allthe assessments shall be paid within a time to be fixed by the court, which maybe extended from time to time, no further proceedings shall be had, and theproceeding shall be dismissed at the cost of the petitioners. If the entire sumso estimated and assessed shall not be paid to the clerk within the timelimited, the amounts so paid shall be refunded to the petitioners pro rataafter paying the necessary costs accrued. Nothing herein contained shallprevent one or more of the petitioners from subscribing and paying any sum inaddition to their assessment in order to make up any deficiency arising fromthe delinquency of one or more of the petitioners. When the sum of money so estimatedshall be paid, the board of viewers shall proceed with the discharge of theirduties, and in all other respects the proceeding shall be prosecuted accordingto the law. After the district shall have been established and the board ofdrainage commissioners appointed, it shall be the duty of the board of drainagecommissioners to refund to each of the petitioners the amount so paid by themas above provided, out of the first moneys which shall come into the hands ofthe board from the sale of bonds or otherwise, and the same shall be includedin ascertaining the total cost of improvement.
In lieu of the procedures set forth in the preceding paragraph, theboard of county commissioners may advance funds, or any part thereof, for thepurposes set forth in the preceding paragraph. Such advances shall be made to acounty official designated by the commissioners, and shall be disbursed uponsuch terms as the county commissioners may direct. If the district shall beorganized, the funds advanced shall be repaid from assessments thereafterlevied. (1917, c. 152, s.1; C.S., s. 5319; 1941, c. 342; 1961, c. 614, s. 6; c. 662.)