a tax by a uniform rate, upon all taxable property within the political subdivision, to certify the same to the auditor of the county in which such subdivision is, whose duty it shall be to receive the same, make proper duplicate and certify the same for collection to the treasurer of the county, whose duty it shall be to collect the same for the benefit of the flood district, all of said officers above named being authorized and directed to take all the necessary steps for the levying, collection and distribution of such tax. Nothing in this section shall prevent the assessment of the real estate of other corporations or persons situated within such political subdivision, which may be subject to assessment for special benefits to be received. If at any time after the expiration of five years after the completion of the work provided for in the Official Plan a majority of all the freeholders in said district shall petition the court to dissolve said district, the clerk shall give notice of the filing and pendency of such petition by publication as hereinbefore provided, naming therein a time when the same shall be heard, at which time the court shall hear all persons interested and if it finds that such petition has been signed by a majority of such freeholders it shall enter an order dissolving such district. In the event of any dissolution or disincorporation of any flood district organized pursuant to the provisions of this act, such dissolution or disincorporation shall not affect the lien of any assessment for benefits imposed pursuant to the provisions of this act, or the liability of any land or lands in such district to the levy of any future assessments for the purpose of paying the principal and interest of any bonds issued hereunder, and in that event, or in the event of any failure on the part of the officers of any district to qualify and act, or in the event of any resignations or vacancies in office, which shall prevent action by the said district or by its proper officers, it shall be the duty of the county auditor and of all other officers charged in any manner with the duty of assessing, levying and collecting taxes for public purposes in any county, municipality or political subdivision in which such lands shall be situated, to do and perform all acts which may be necessary and requisite to the collection of any such assessment which may have been imposed and to the levying, imposing and collecting of any assessment which it may be necessary to make for the purpose of paying the principal and interest of the said bonds.

Any holder of any bonds issued pursuant to the provisions of this act or any person or officers being a party in interest, may either at law or in equity by suit, action or mandamus, enforce and compel performance of the duties required by this act of any of the officers or persons mentioned in this act.

In the event of such dissolution or disincorporation, all property owned by the district shall revert to such city and the works and improvements made pursuant to this act shall be maintained by such city by and through such bodies, boards and officers as may be charged by law with the duty of maintaining works and improvements of like character in conformity with the laws governing the maintenance thereof.

This section, 8778c2, amends section 8778d2 Supplement of 1918, being section 46, Acts 1915, p. 159.

[Acts 1915, p. 159. Law without the signature of the Governor.] 8778d2. Penalty for failure of treasurer to pay over assessment. -47. If any county treasurer or other person entrusted with the collection of these assessments refuses, fails or neglects to make prompt payment of the assessment or any part thereof collected under this act to the treasurer of said district upon his presentation of a proper demand, then he shall pay a penalty of ten (10) per cent. on the amount of his delinquency; such penalty shall at once become due and payable and both he and his securities shall be liable therefor on his official bond. The said county treasurer shall retain for his services one per cent. of the amount he collects on delinquent taxes.

8778e2. Surplus funds and annual reports.-48. Any surplus funds in the treasury of the district may be used for retiring bonds, reducing the rate of assessment or for accomplishing any other of the legitimate objects of the district. At least once a year, or oftener if the court shall so order, the board of commissioners shall make a report to the court of its proceedings and an accounting of receipts and disbursements to that date which shall be filed with the clerk of the court. Thereupon the court shall order the auditing of said accounts by public accountants of recognized standing who shall file their report thereon with the clerk of the court.

[Acts July special session 1920, p. 11. In force July 16, 1920.] 8778f2. Compensation of officers.-49. Each member of the board of commissioners shall receive five dollars a year and his necessary expenses. Each appraiser shall receive five dollars a day for the time actually employed in his duties. Before any duties devolve upon a county auditor or county treasurer under this act, the board of commissioners of the district shall consult them and agree upon the salaries for the extra clerical force, if any, required in their respective offices to carry out the requirements of the law by reason of the establishment of said district and the said board of commissioners shall provide for and pay said salaries to said clerk or clerks,

while engaged on the work of the district, which clerks shall be selected and appointed by each of said county officers for their respective offices. In case of disagreement as to compensation of such extra clerical force, the matter shall be referred to the court for its determination.

This section, 8778f2, amends section 8778g2 Supplement of 1918, being section 49, Acts 1915, p. 159.

Section 14 of the above act repeals section 8778r1 Supplement of 1918, being section 8778q1 of this Supplement.

Section 15 of the above act provides that the act be in force and effect from and after its passage.

The above act does not give the date of the approval of the title to the amended act.

[Acts 1915, p. 159. Law without the signature of the Governor.] 8778g2. Remedy for injury by district.-50. In case any person or public corporation, within or without any district organized under this act, shall consider itself injuriously affected in any manner whatsoever by any act performed by any official or agent of such district, or by the execution, maintenance or operation of the official plan, and in case no other method of relief is offered under this act, the remedy shall be as follows: The person or public corporation considering itself to be injuriously affected shall petition the court before which said district was organized for an appraisal of damages sufficient to compensate for such injuries. The court shall thereupon direct the board of appraisers of the district to appraise said damages and injuries, and to make a report to the court on or before the time named in the order of the court. Upon the filing of said report of said board of appraisers, the court shall cause notice to be given to the petitioner and to the commissioners of the district, of a hearing on said report. At the time of such hearing, the court shall consider said report of said appraisers, and may ratify said report or amend it as the court may deem equitable, or may return it to the said board of appraisers and require them to prepare a new report. Upon the filing of an order of the court approving said report of said appraisers, with such modifications as it may have made, said order shall constitute a final adjudication of the matter unless it shall be appealed from within twenty (20) days. Appeal to a jury from said order may be had as provided in the general appropriation statute by the petitioner, by the commissioners of the district, or by any person or corporation who has been assessed for the costs of the district, and such appeal shall be conducted and tried conformably the provisions of section of this act. No damages shall be allowed under this section which would not otherwise be allowed in law.

8778h2. May police district.-51. The board of commissioners shall have the right to police the works of the district, and in times of great emergency may compel assistance in the protection of such works, and shall, also, have the right to prevent persons, vehicles, or live stock from passing over the works of the district in any manner which would result in damage thereto.

877812. Injury to survey marks prohibited.-52. The wilful destruction, injury or removal of any bench marks, witness marks, stakes or other reference marks, placed by the surveyors or engineers of the district or by contractors in constructing the works of the district, shall be a misdemeanor, punishable by fine not exceeding one hundred dollars ($100).

8778j2. Owners liable for damage to district.-53. All persons and corporations shall be liable for damage done to works of the district by themselves, their agents, their employees, or by their live stock. All persons guilty of wilful damage shall be guilty of a misdemeanor, and shall be fined not to exceed five hundred dollars ($500) and costs, and shall be liable for all damages and costs. The board of commissioners shall have authority to repair such damage at the expense of the person or corporation committing it.

8778k2. Penalty for fraud.-54. The making of profit, directly or indirectly, by any officer of any district organized under this act, or by any other public officer within the state, out of any contracts entered into by the district, or use of any money belonging to district by loaning it or otherwise using it, or by depositing the same in any manner, contrary to law, or by removal of any money by any such officer or by his consent and placing it elsewhere than is prescribed either by law or by the official acts of the board of commissioners, for the purpose of profit, shall constitute a felony, and on conviction thereof shall subject such officer to imprisonment in the state penitentiary for a term not exceeding two (2) years, or a fine not exceeding five thousand dollars ($5,000), or both fine and imprisonment, and the officer offending shall be liable personally and upon his official bond for all losses to such district and for all profits realized by such unlawful use of moneys.

877812. Officials removed for cause.-55. Any commissioner, appraiser or other officer of any district organized under this act may be removed for cause upon a motion filed in the original case where said district was organized, after a hearing.

Wherever provision is

8778m2. Payments on warrants.—56. made in this act for the payment by the treasurer of the county of any funds of or belonging to such flood control district, on warrant or otherwise, such payment shall be made and any necessary warrants

therefor shall be drawn by the auditor of such county, without any appropriation by the county council.

8778n2. Duties enforced by mandamus.-57. The performance of all duties prescribed in this act concerning the organization and administration or operation of the district may be enforced against any officer or against any person or corporation refusing to comply with any order of the board by mandamus at the instance of the board or of any person or corporation interested in any way in such district or proposed district. And the board may institute such proceedings in the circuit court in the first instance.

877802. Faulty notice, how corrected.-58. In any and every case where a notice is provided for in this act, if the court finds for any reason that due notice was not given, the court shall not thereby lose jurisdiction, and the proceeding in question shall not thereby be void; but the court shall in that case order due notice to be given and shall continue the hearing until such time as such notice shall be properly given and thereupon shall proceed as though notice has been properly given in the first instance. In case any individual appraisal or appraisals, assessment or assessments, or levy or levies, shall be held void for want of legal notice, or in case the board may determine that any notice with reference to any land or lands may be faulty, then the board may file a motion in the original cause asking that the court order notice to the owner of such land or lands given and set a time for hearing as provided in this act. And in case the original notice as a whole was sufficient and was faulty only with reference to publication as to certain tracts, only the owners of and persons interested in those particular tracts need be notified by such subsequent notice.

8778p2. Question of validity advanced in courts.-59. All cases in which there arises a question of the validity of the organization of flood districts, or which is liable to cause delay in the prosecution of its work, shall be advanced as a matter of immediate public interest and concern, and heard in all courts at the earliest practicable moment, but the court shall be open at all times for the purposes of this act.

8778q2. To be liberally construed.-60. This act being necessary for securing the public health, safety, convenience and welfare, and being necessary for the prevention of great loss of life and for the security of public and private property from floods and other uncontrolled waters, it shall be liberally construed to effect the control of flood waters in such flood district.

8778r2. If part declared unconstitutional.-61. In case any section or sections or part of any section of this act shall be found to be