SEC. 51-31-123. Creation of subdistrict.
At the time so appointed by the clerk, the court or chancellor in vacation shall hear the said matter and the objections, if any, of any person or firm interested. If the court or chancellor in vacation shall find that said subdrainage district will conduce to the public benefit and that the same should be organized, the court or chancellor in vacation will enter an order to that effect. Nothing in this section shall be construed so as to prohibit the formation and organization of a drainage district wholly or partly within a drainage district already organized. A district independent of the district already organized may be organized where a part or all of the lands are in the district already organized, provided that the petition of the landowners is presented as heretofore specified and asks that said court or chancellor in vacation constitute them a drainage district under the terms of sections 51-31-119 to 51-31-127, and that the notice set out in section 51-31-121 has been given. Thereafter proceedings shall be had substantially in conformity with this chapter for the creation of an original drainage district hereunder. When such a subdrainage district is organized as herein provided, it shall have all the rights, privileges and powers of any other district and shall have full power to make and levy assessments, issue bonds independent of any other district, and do all other things now provided by law for the formation and organization of a drainage district under this chapter. When any such district is organized, the several parcels of land thereof that are included within the corporate limits of the original drainage district shall still be liable to the district already organized for all assessments of benefits theretofore made or to an assessment of benefits thereafter levied, if any, or received by them; and in like manner shall receive credit for any work done which is a benefit to the district already organized.
SOURCES: Codes, 1930, Sec. 4433; 1942, Sec. 4638; Laws, 1922, ch. 214.