138 LAWS RELATING TO AGRICULTURE. 



the aid of a competent engineer, who shall be appointed at the same 

 time by the court, shall proceed to view the premises along the proposed 

 route, and the lands to be affected by the proposed levee, and make a 

 report of their proceedings in writing, to the court within fifteen days, 

 from the date of their appointment, unless in the discretion of the court, . 

 a longer time shall be given them ; which report shall show whether in 

 their opinion the construction of the levee, substantially on the route 

 petitioned for, will be conducive to the public health, convenience, or 

 welfare, what owners of land should assist in the construction of the 

 proposed levee, and in defraying the costs and expenses thereof, and 

 the lots or lands, and the quantity thereof, which will be benefited by 

 such levee ; and if the court, in its discretion, deem it necessary, it may 

 order the engineer to make and return, at the same time the viewers 

 make their report, maps, plats, and profiles of the proposed levee and 

 the lands which may be affected by the same. 



SEC. 4591. [Hearing of application for damages.] If the viewers 

 report in favor of the construction of the levee, the court shall appoint 

 a day, not later than ten days from the filing of the report, when it will 

 hear and determine all applications for compensation for lands appro- 

 priated, and the necessity for the levee; and in addition to the petition,, 

 report of viewers, maps, plats, and profiles of the engineer, the court 

 may hear further evidence and arguments of counsel for or against the 

 construction of such levee; and the judge shall have the right to view 

 the premises before the final order is made, and the court, if found neces- 

 sary, shall have the right to continue the hearing of the case from time 

 to time, in its discretion. 



SEC. 4592. [Damages must be paid before final order.] No final 

 order for the construction of such levee, or any part thereof, shall be 

 made until the full amount of compensation for land appropriated has 

 been paid. 



SEC. 4593. [The final order.] If, upon the final hearing of the 

 case, the court finds that the levee ought to be constructed, and Is neces- 

 sary and will be conducive to the public health, convenience, or welfare, 

 it shall order the same to be located, established and constructed; and 

 it shall also order and prescribe the site of such levee, and shall direct 

 the engineer to finally locate, level, and measure the same, and divide 

 it into suitable sections, not less in number than the number of owners 

 of land benefited by its construction, and shall prescribe the time within 

 which the work upon each section shall be completed, and by whom 

 paid for. 



SEC. 4594. [How assessments of work to be made.] A person 

 owning lands abutting on or over which such levee shall pass, shall have 

 his section assigned thereon, within or along the boundary of his lands, 

 to the extent of the assessment made against such owner, when the front- 

 age is sufficient, otherwise the same shall be thus assessed as far as 

 practicable ; and in determining the number of owners, tenants in com- 

 mon, and the owners of a life estate in any tract of land with tenants 

 m common, may be counted as one, and the court may, in its discretion, 

 order such tenants in common, and such owners of a life estate to pay 

 for the work on a single section jointly, in proportion to the value of their 

 respective interests. 



SEC. 4595. [Costs, and statements for parties.] The court shall 

 allow and assess all reasonable fees, costs, and expenses of locating and. 



