(a) It shall be the duty of the county court to enter upon its records an order appointing an engineer to be selected by the petitioners when three (3) or more owners of real property within a proposed district shall:
(1) Petition the county court to establish a drainage district or a district to construct drainage or drainage and levee improvements in conjunction with the federal government and thereafter to maintain the whole of the improvements, or to maintain drainage or levee improvements constructed wholly or in part by the federal government, to embrace their property, describing generally the region which it is intended shall be embraced within the district; and
(2) File a good bond to pay for the expense of survey of the proposed district, in case the district is not formed.
(b) However, the engineer whom they select shall be a suitable person, and if not, an engineer shall be named who is satisfactory to the court. He shall give bond in a sum not less than one thousand dollars ($1,000), to be fixed by the court, for the faithful discharge of his duties, and shall be liable upon such bond for negligence or incompetency causing loss to the district.
(c) The engineer shall forthwith proceed to make a survey and ascertain the limits of the region which would be benefited by the proposed system of drainage.
(d) The engineer shall file with the county clerk a report showing the territory which will be benefited by the proposed improvement, giving a general idea of its character and expense and making such suggestions as to the size of the drainage ditches and their location as he may deem advisable.
(e) All expense incident to the survey and cost of publication shall be paid by the county as the work progresses upon proper showing, but all expenses incurred by the county shall be repaid out of the proceeds of the first assessment levied under this act.
Acts 1909, No. 279, § 1, p. 829; 1911, No. 221, § 1; C. & M. Dig., § 3607; Acts 1921, No. 353, § 1; Pope's Dig., § 4455; Acts 1957, No. 327, § 1; A.S.A. 1947, § 21-501.