duplicates of their respective counties for collection as heretofore provided.

This section amends section 6145 Supplement of 1918, being section 1, Acts 1917, p. 76.

Section 2 of the above act provides that the act be in force and effect from and after its passage.

The Act of 1909, amending this section which provides for the issuing of bonds in drainage proceedings is construed, and its effect upon other statutes upon the same subject is declared. Kessler v. State ex rel., 178 Ind. 191, 98 N. E. 1089.

If drains constructed under the authority of boards of county commissioners cost $5,000, bonds may be issued to obtain money to pay such cost. Kessler v. State ex rel., 178 Ind. 191, 98 N. E. 1089.

The bonds that are issued under the statute authorizing the issuing of bonds to obtain money to pay the cost of constructing drains and levees are not the bonds or obligations of the county in which the improvements are located, but such bonds are payable out of the assessments made against lands benefited by the improvement. Thorlton v. Guirl Drainage Co., 184 Ind. 637, 112 N. E. 5.

[Acts 1917, p. 538. Law without signature of Governor.]

6145e. Drainage bonds legalized.-1. That all bonds heretofore issued, or to be issued, and sold pursuant to any order of the board of commissioners of any county of this state for the purpose of providing funds to pay for the construction of any ditch or drain constructed in two or more counties under any existing law of this state providing for the construction of drains in two or more counties, where the contract for the construction of said drain has been let and the work of constructing the same has been completed and accepted, but where the costs of such construction and incidental expenses connected therewith exceed the benefits as assessed against the land affected by such drain, and where said drain has been completed and said bonds issued or ordered without objection by any land owner affected, and where no appeals or other form of litigation are pending in relation thereto, be and the same are hereby legalized, and all proceedings or acts of any such board of commissioners, court, or other officer under which said bonds were issued or ordered are hereby fully legalized and declared valid.

6145f. Pending litigation.-2. Nothing in this act contained shall be construed so as to affect any pending litigation.

6147. Account, report, suits, liens.

The court has no jurisdiction over proceedings to repair and enlarge a drain under this section where not constructed under its order and direction. Steenburg v. Kyle, 188 Ind. 26, 121 N. E. 537.

In view of this section a remonstrant may have commissioner and contractor cited for contempt for disobeying the court's order for the construction of a ditch. Pittsburg, C., C. & St. L. R. Co. v. Williamson, App., 123 N. E. 417.

Under this section the notice provided for therein by persons performing services must be filed before the work is completed and the contractor paid, in order to recover on the bond of the person in charge of the work done under section 6144. State ex rel. Petter v. Eaton, App., 118 N. E. 547.

6148. Construction of act-Supplemental petition.

Rules given for the construction of the statute providing for the establishment and construction of drains. Murray v. Gault, 179 Ind. 658, 101 N. E. 632; Neibert v. Long, 184 Ind. 494, 111 N. E. 612.

Persons who do not remonstrate against the construction of a drain, or against the report of the commissioners, are regarded as not being harmed by the decisions of the trial court. Stockton v. Ham, 180 Ind. 628, 102 N. E. 378, 103 N. E. 482.

Supplemental petitions may be filed to bring lands into drainage proceedings which are not already included, and which it is asserted will be benefited by the construction of the drain. Williams v. Osborne, 181 Ind. 670, 104 N. E. 27. 6150. Highways, payment of assessments.

Benefits that result to highways by the construction of drains are payable out of township funds and it is presumed that such benefits were paid by a township and not by the county. Steuben Tp. v. Lake Shore etc. R. Co., 58 App. 529, 108 N. E. 545.

6151. Petition to county commissioners, proceedings.

If the cost of constructing drains under the authority of the county commissioners exceeds $5,000, bonds may be issued to obtain money to pay such costs. Kessler v. State ex rel., 178 Ind. 191, 98 N. E. 1089.

Reports of drainage commissioners are prima facie evidence of the facts stated in such reports. Shields v. Pyles, 180 Ind. 71, 99 N. E. 742; Wilson v. Tevis, 184 Ind. 712, 111 N. E. 181.

In a proceeding before a board of county commissioners for the construction of a tile drain less than two miles long and which will cost less than $300, the petitioners are not required to be notified of the filing of the report of the surveyor, and such report is not void because it is signed by a deputy surveyor when the work was done by him. Brane v. Kendall, 182 Ind. 436, 106 N. E. 690.

Collection of assessments, when and for what causes land owners may enjoin the collection of assessments against their lands in drainage proceedings. Williams v. Osborne, 181 Ind. 670, 104 N. E. 27.

See note to section 6143.

The report of drainage commissioners is admissible in a drainage proceeding originally begun in the circuit court. Wilson v. Tevis, 418 Ind. 712, 111 N. E. 181. On trial of remonstrance to drainage commissioner's report alleging that remonstrants' land will not be benefited to the extent of the assessment, the report, though prima facie evidence under this section, can not be considered in the weight of evidence sustaining the remonstrance. Moore v. Ryan, 188 Ind. 345, 123

N. E. 642.

The report of drainage commissioner made a prima facie case under this section and rebuttal of testimony was properly admitted. Martin v. Adair, Ind. 126 N. E. 433.

Where the petition was filed in pursuance to section 6151 and prepared to meet the requirements of section 6142 and 6143 it will be so considered on appeal. Benbow v. Gray, - Ind. —, 128 N. E. 607.

SEC. 6152.

6153.

ARTICLE 2.-REPAIRS AND CLEANING.

Repairs, obstructions, town-
ship trustee.
County surveyor's duties, allot-

ment.

Record of allotments, notice.
Hearing objections, order.
Appeal, notice, costs.

Cleaning and keeping in re-
pair, trustee, duties.

When surveyor may repair.
Repair and cleaning, petition
to surveyor, proceedings.
Annual cleaning and repair.
Dredge constructed drains, re-
pair districts.

SEC.

6161b1. Record of assessments, objec-
tions.

6161c1. Power to change assessments.
6161d1. Omitted assessments-Appeal.
6161e1. Railroad assessments.
6161f1. Trustee collects assessments.
6161g1. Credit for blind ditch.
6161h1. Adjoining townships, joint
powers, pay of trustee.
Repeal of statutes.

County commissioners, clean-
ing and repairing drains.

6161k1. Filing of petition.
616111.

Contents of petition.

6161m1. Notice of filing by publication.
6161n1. Jurisdiction over lands.
616101. Time for hearing.
6161p1. Filing of objections.

6154. 6155.

6156.

6157.

6158.

Completion of allotment, fail-
ure, costs,

6161i1.

6161j1.

6159.

6160.

6161. 6161a.

6161b.

6161c.

6161d.

6161e.

6161f.

6161g.

Duties of commissioners.

Date of hearing, notice.
Hearing or continuance.
Contest, evidence, naming com-
missioners.

Commissioners, oaths.

Chairman, quorum.

Treasurer of commissioners.

6161u1. Main line drain.

6161v1. Report of surveyor.

6161w1. Auditor, notice of report.
6161x1. Hearing of exceptions.
6161y1. Letting of contract.

Record of proceedings.

Ditch or drain, definition.
Act supplemental.

Cleaning drains, petition, sur-
veyor, report, contract, costs.
6161p. Surveyor, compensation.
6161q. Township trustee to control
cleaning and repairs.

Duty to clean and repair.

Employment of surveyor.

Advertising for bids.

Awarding of contracts.

Trustee has charge of work.
Repairing obstructed drain.
Shrubbery removed.

6161r.

6161s.

6161t.

6161u.

6161v.

6161w.

6161x.

6161y.

Tile drains cleaned and re-
paired.

6161a2. Land owners may bid.

6161b2. Work completed, acceptance.

6161c2. Drainage tax duplicate.

6161d2. Emergency fund, when paid.
6161e2. Purpose of emergency fund.
6161f2. Maintenance of tax.
6161g2. Appointment of overseer, du-
ties.

6161h2. Shrubbery removed in August.
616112. Sanitary districts made a

6161m2. Ditch or drain, definition.
6161n2. Blind ditches.

616102. Division of assessments.

6161p2. Conditions for emergency fund. 6161q2. Payments out of county fund.

6161a1. Tax levy-Obstructions, notice 6161r2. Repeal of statutes.

6161s2. Act not affected.

[Acts 1907, p. 508. In force April 10, 1907.]

6152. Repairs, obstructions, township trustee.

A complaint to enjoin the collection of the cost of cleaning a part of a drain alloted to plaintiff, held sufficient. Bueter v. Aulbach, 63 App. 91, 114 N. E. 8.

6153. County surveyor's duties, allotment.

6154. Record of allotments, notice.

6155. Hearing objections, order.

6156. Appeal, notice, costs.

If an appeal is taken to a circuit court from an allotment made by a county surveyor for the cleaning of a drain, the decision of such court is final and no appeal can be taken to the supreme court. Stockton v. Osborne, 181 Ind. 440, 104 N. E. 756.

6157. Cleaning and keeping in repair, trustee, duties.

6158. Completion of allotment, failure, costs.

The above sections, 6152 to 6158 inclusive, Revision of 1914, are repealed by section 19, Acts 1915, p. 320, in force March 8, 1915. See section 6161s, Supplement of 1918, and section 6161i1 of this Supplement.

These sections are also repealed by section 35, Acts 1915, p. 417, in force April 26, 1915. See section 6161b2, Supplement of 1918, and section 6161r2, this Supplement.

The Act of 1915, p. 417, is repealed by section 10, Acts 1917, p. 384, law without the signature of the governor, see section 6161z2, Supplement of 1918, and section 6161p3 of this Supplement.

6159. When surveyor may repair.

This section, 6159, Revision of 1914, is repealed by section 35, Acts 1915, p. 417, in force April 26, 1915. See section 6161b2, Supplement of 1918, and section 6161r2, this Supplement.