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chapter, and may incur any necessary expense on that behalf. The board may annually appoint an inspector of training schools for nurses, whose duties shall be prescribed by the said board, which duties may be performed by the secretary of the board. The secretary of the board may receive a salary, which may be fixed by the board, and which shall not exceed two thousand dollars per annum; she or he shall also receive traveling and other expenses incurred in the performance of her or his official duties. The other members of the board shall receive the sum of five dollars for each day actually engaged in this service, and all legitimate and necessary expenses incurred in attending the meetings of said board. Said expenses and salaries shall be paid from the fees received by the board under the provisions of this chapter, and no part of the salary or other expenses of the board shall be paid out of the State treasury. All money received in excess of said per diem allowance and other expenses provided for shall be held by the treasurer as a special fund for meeting the expenses of said board and the cost of annual reports of the proceedings of said board.

(1922, p. 22. In force June 18, 1922.)

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Sec. 1706. Examinations; renewals of certificates.

Provision shall be made by the board for holding examinations at least twice in each year. All examinations shall be made directly by said board or a committee of two members designated by the board, and due notice given of the time and place of holding such examinations as provided for the publication of the rules and regulations of said board. The examination shall be of such character as to determine the fitness of the applicant to practice professional nursing of the sick. If the result of the examination of any applicant shall be satisfactory to a majority of the board, the secretary shall, upon an order of the board, issue to the applicant a certificate to that effect; whereupon the person named on the certificate shall be declared duly licensed to practice professional nursing in this State. Such certificate shall be renewed each year during the month of January upon application to the secretary of the State board of examiners of graduate nurses and the payment of a fee of one dollar.

(1922, p. 22. In force June 18, 1922.)

For an act to provide for the training and licensing of attendants of the sick, etc., see chap..er 321 of Acts 1918, herein.

Sec. 1707. Qualifications of applicants.

The applicant who desires to practice professional nursing shall furnish satisfactory evidence that she or he is more than twenty-one years of age, is of good moral character, has received sufficient preliminary education as may be determined by the board, and has graduated from a training school of a hospital giving practice in medical, surgical, and obstetrical nursing, either through and under

the hospital organizations, or by affiliation, and maintaining the standards required by the board, and where at least two years' training in the hospital and systematic courses of instruction are given, provided, that the applicant shall have attended for at least eighteen months the said training school from which she graduated.

(1922, p. 462. In force June 18, 1922.)

Sec. 1708. Fee for examination.

Every applicant for registration shall pay a fee of ten dollars upon filing the application.

(1922, p. 22. In force June 18, 1922.)

Sec. 1714. How certificate issued to graduate nurses of other States.

The board of examiners upon written application, together with such references and proof of identification as the board may by rule prescribe, may issue a certificate without examination to any person who shall have been registered as a registered nurse under the laws of any other State, the professional requirements of which for securing such registration were at the time of issuance thereof equivalent to the professional requirements prescribed by this chapter, and which gives the same privilege to registered nurses of this State.

(1922, p. 22. In force June 10, 1922.)

Sec. 1729. For article on "Delegation of Power to Boards and Commissions," see 6 Va. Law Reg. (N. S.) 801.

Sec. 1737. The drainage act (Act 1914, chapter 332) is not unconstitutional as violative of section 156-a of article 12 of the Constitution of 1902, providing that the State Corporation Commission shall be the department of government through which shall be issued all charters or amendments or extension thereof, for domestic corporation. Section 156-a has no relation whatever to public corporations, or to the government agencies created by the State. It refers to private corporations which individuals have the right to organize upon complying with the statutes conferring such right. Strawberry, etc. v. Starbuck, 124 Va. 71, 97 S. E. 362.

The drainage act (Acts 1914, chapter 332) applies to the entire State, without any qualification whatever, its purpose being (to quote from the title and the first section) "to promote the public health, convenience and welfare by leveeing, ditching and draining the wet, swamp and overflowed lands of the State, and providing for the establishment of levee or drainage districts," etc. Such a law is general because it clearly applies to all persons and to all lands in all parts of the State which can be improved by drainage, and therefore is not violative of section 63, article 4 of the Constitution of 1902, which prohibits the General Assembly from enacting any special or private law for creating private corporations. Strawberry, etc., v. Starbuck, 124 Va. 71, 97 S. E. 362.

Sec. 1738. Petitions; bonds; board of viewers.

Whenever a petition, signed by two-thirds of the land owners in a proposed drainage district, which will be affected by or assessed for the expense of the proposed improvements, shall be filed in the office of the clerk of the circuit court of any county in which a part of said lands are located, setting forth that any specific body or district of land in the county and adjoining counties, described in such a way as to convey an intelligent idea as to the location of such land, is subject to overflow or too wet for cultivation, or in need of drainage, and the public benefit

or utility, or the public health, convenience or welfare, will be promoted by draining, ditching or leveeing the same, or by changing or improving the natural water course; and setting forth therein, as far as practicable, the starting point, route and terminus and lateral branches, if necessary, of the proposed improvement; and there is filed therewith a bond in such amount as the clerk of the circuit court of said county may approve, signed by two or more sureties or by some lawful and authorized surety company, to be also approved by the said clerk, and conditioned for the payment of all costs and expenses incurred in the proceedings in case the court does not grant the prayer of said petition, the said clerk shall issue a summons, to be served on all the defendant land owners, including any railroad company who have not joined in the petition and whose lands are included in the proposed drainage district. The summons may be served by publication as to any defendants who cannot be personally served as provided by law. Said summons shall be returnable to the first day of a regular term of the circuit court of said county, during which term, or some succeeding term, the said court shall appoint two disinterested resident freeholders of the counties in which said lands are located and a disinterested and competent drainage engineer as a board of viewers to examine the lands described in the petition, and make a preliminary report thereon. Vacancies occurring in the board of viewers shall be filled by the court, or by the judge thereof in vacation as soon as possible after their occurrence. The compensation for the services of such engineer and his necessary assistants, and of the other members of the board of viewers, to be fixed as herein provided, shall be paid preliminarily by the county treasurer upon certificate of the circuit judge; said sum or sums so paid to be refunded when the drainage fund is subsequently provided for by the sale of bonds or otherwise, or out of the bond given by the petitioners in case the district is not established.

If three-fourths of the land owners in any wet, swamp or overflowed lands petition the court for a drainage district based on the widening, deepening, cleaning or straightening, of such natural streams only as the United States Government or the State drainage authorities pronounce as essential for the drainage of such lands, and agree in said petition to a tax levy for such draining, spread equally over each acre, then the court shall entertain such petition and all proceedings shal be in accordance with the provisions of this chapter, except that the viewers shall not classify the lands as to the benefits derived. Furthermore, in any case where it is made to appear, after the said natural stream has been widened, reopened, cleaned out or straightened, that two-thirds of the land owners of any district, formed under the provisions of this paragraph of this section, desire that such district be divided into sub-districts, the court may, in its discretion, so order.

(1920, p. 607. In force March 22, 1920.)

Even if section 2 of the drainage act (Acts 1914, page 642), providing for the payment of preliminary costs by the board of supervisors is invalid, this does not invalidate the whole act. Strawberry, etc., v. Starbuck, 124 Va. 71, 97 S. E. 362.

Sec. 1739. See note to preceding section.
Sec. 1740. See note to section 1738, herein.
Sec. 1741. See note to section 1738, herein.

Sec. 1743. Examination; preliminary report.

The board of viewers shall proceed to examine the land described in said petition and other land, if necessary, to locate properly such improvement or improvements as are petitioned for, along the route described in petition, or any other route answering the same purpose, if found more practicable or feasible, unless, previously surveyed by United States or State engineers, and may run levels such as may be necessary to determine the elevation of the several parts of the district, and shall make and return to the clerk of the circuit court within sixty days, unless, either before or after the expiration of the said sixty days, the time shall be extended by the court, or the judge thereof in vacation, a written report, which shall set forth:

(a) Whether the proposed drainage is practicable or not;

(b) Whether it will benefit the public health or any public highway or be conducive to the general welfare of the community;

(c) Whether the improvement proposed will benefit the lands sought to be benefited;

(d) Whether or not all the lands that are benefited are included in the proposed drainage district; and naming the owners thereof and the approximate acreage of each which they estimate will be affected. They shall also file with this report a map of the proposed drainage district, showing the location of the ditch or ditches or other improvement to be constructed and the lands that will be affected thereby, and such other information as they may have collected that will tend to show the correctness of their findings.

(1920, p. 607. In force March 22, 1920.)

Sec. 1749. Complete survey.

After the district is preliminarily established the court shall refer the report of the board of viewers back to them, and unless United States or State engineers have already surveyed the district or the major portion thereof, may make a complete survey, plans and specifications for the drainage or levees, and fix a time when said board of viewers shall complete and file their report, not exceeding six months; but such time may be extended by the court for good cause shown, either before or after the expiration of said time.

(1920, p. 607. In force March 22, 1920.)

Sec. 1750. Complete report.

The board of viewers shall have power to employ such assistants as may be necessary to make a complete survey of the drainage district, and unless already surveyed by United States or State engineers shall

enter upon the ground and make a survey of the main drain, or drains, and all its laterals, as approved by the court. The line of each ditch, drain or levee shall be plainly and substantially marked on the ground, if necessary. The course and distance of each ditch shall be carefully noted and sufficient notes made so that it may be accurately platted and mapped. A line of levels shall be run for the entire work, and sufficient data secured from which accurate profiles and plans may be made. Frequent bench-marks shall be established along the line, or permanent objects, and their elevation recorded in the field books. If it is deemed expedient by the board of viewers, other levels may be run to determine the fall from one part of the district to another. If an old water course, land drainage, ditch or channel is being widened, deepened or straightened, it shall be accurately cross-sectioned so as to compute the amount of cubic yards saved by the use of such old channel. A drainage map of the district shall then be completed, showing the location of the ditch or ditches, and other improvements, and the acreage as closely as may be determined by the records, or, if necessary (the necessity therefore to be determined by the court or the judge thereof in vacation), by the survey of the drainage engineer, of the lands owned by each individual land-owner or corporation within the district. The location of any railroads or public highways and the boundary of any incorporated towns or villages within the district shall be shown on the map. There shall also be prepared to accompany this map a profile of each levee, drain, or water-course, showing the surface of the ground, the bottom or grade of the proposed improvement, and the number of cubic yards of excavation or fill in each mile or fraction thereof, and the total yards in the proposed improvement and the estimated cost thereof, the cost of any other work required to be done, including the cost of the rights of way for the levees, drains and ditches of the district, and the report shall state an estimated cost thereof and what rights of way are required to be purchased or condemned, and the said board of viewers is directed to obtain the consent in writing of such landowners as will permit the said levees, ditches and drains to be dug through their lands without charge on their part for the land so to be taken and occupied, and before the board of drainage commissioners hereinafter mentioned shall advertise for bids under the provisions of this chapter they shall proceed to condemn such lands as shall have been so reported by said board of viewers and approved by the court as necessary to be condemned; such condemnation proceedings to be in accordance with section seventeen hundred and forty-seven. But in any case where surveys have been made by or under the direction of any engineer, surveyor, corporation, town, city, county, State or of the United States government, of lands, in any part or parcel of land included within any proposed drainage district, authority is given to the court in which the proceedings involving such land are condemned to adopt such survey or surveys and such information concerning the same as can be obtained from the

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