The board of viewers may borrow a sufficient sum of money to defray the costs and expenses of examining the lands described in the petition and making a preliminary report thereon, including the compensation of the engineer and his assistants, not exceeding the amount of the bond filed and may pledge the bond as security for such loan. The sum so borrowed shall be deposited with the clerk of court to be disbursed by him from time to time in payment of the aforesaid costs and expenses, including the compensation of the engineer and his assistants. If the proposed district is finally established such loan, with interest, shall be repaid from the assessment authorized by Section 49-17-1310 and if no such loan is procured the aforesaid costs and expenses, including the compensation of the engineer and his assistants, shall be paid from such assessment. But if the petition is dismissed at the cost of the petitioners the sureties on the bond shall be liable, to the extent of the amount of the bond, for the aforesaid costs and expenses, including the compensation of the engineer and his assistants, or the repayment of the loan, together with interest, if a loan has been procured as aforesaid.
HISTORY: 1962 Code Section 18-217; 1952 Code Section 18-217; 1942 Code Section 6097; 1932 Code Section 6097; Civ. C. '22 Section 3151; Civ. C. '12 Section 2197; 1911 (27) 92; 1914 (28) 455; 1915 (29) 199; 1920 (31) 1089.
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