282 1931—Chapter 227
CHAPTER 227
AN ACT TO AMEND CHAPTER NINETY-FOUR, ARTICLE
ONE, OF THE CONSOLIDATED STATUTES OF NORTH
CAROLINA, RELATING TO DRAINAGE.
C. S. 5280,
amended.
Drainage assess-ments
declared
liens.
Law again
amended.
Supplemental
assessments for
drainage projects
to make up
deficiency.
Vacancy appoint-ments
by Superior
Court Clerks on
jury of assess-ment.
The General Assembly of North Carolina do enact:
Section 1. That chapter ninety-four, article one, section
five thousand two hundred and eighty, of the Consolidated
Statutes be amended by striking out the period after the
word "clerk" in line fourteen, and also by striking out the
last two lines of said section and adding to said section the
following: "and the said report or reports shall, when filed
in the office of the Clerk of the Superior Court, be a lien
upon each tract of land embraced in said report or reports
to the extent of the proportionate part of the costs stipulated
in said report or repoi'ts as a charge against same, and shall
have the eff'ect and force of a judgment thereon, and that
such judgments shall be subject to execution and collection as
in cases of other judgments."
Sec. 2. That at the end of section five thousand two
hundred and eighty, as above amended, there shall be a new
section, designated as five thousand two hundred and eighty
(a), as follows:
"5280 (a). That the freeholders, commissioners or jurors,
appointed in any application or proceeding filed or instituted
under section five thousand two hundred and eighty, or any
other section of chapter ninety-four, article one, of the Con-solidated
Statutes of North Carolina, are authorized and em-powered
during the establishment of and providing for the
construction, maintenance and payment therefor, of such ditch,
canal or drain, to make other and further assessments for
the costs of establishment, construction and expense, when it
shall be determined by the Clerk of the Court that the provi-sions
in the former report for the payment thereof are insuf-ficient,
and that such supplementary reports shall be made on
the same basis of an equitable and just proportion, as made
in the former report, which report or reports shall be filed
with the Clerk of the Superior Court and have the same force
and eff'ect as the former or original report.
"That in case of death, resignation, removal or for any
other cause there becomes a vacancy as to the freeholders,
commissioners or jurors, appointed to carry out the provisions
of the sections contained in this chapter ninety-four, article
one, of the Consolidated Statutes, the Clerk of the Superior
Court is authorized to fill such vacancy by the appointment
of some disinterested freeholder in the county, and that the
