21-303 - Withdrawal of persons signing petition. - Virginia Statutes

§ 21-303. Withdrawal of persons signing petition.

If during the proceedings, before or after the filing of the petition, any ofthe petitioners withdraw from the petition so as to render the number ofpetitioners whose signatures remain upon the petition insufficient accordingto § 21-295, and sufficient additional signatures to the petition of the sameor other landowners, whose lands will be affected, are not obtained beforethe next succeeding term, the court shall dismiss the petition at the costand expense of those who withdraw from the petition, including an engineer'sand an attorney's fee for counseling the petitioners, and shall apportion allof the costs and expenses theretofore accrued among those who withdrew at aflat rate per acre, according to the acreage owned by each within the boundsof the proposed drainage district, as indicated in the petition, orotherwise, and judgment shall be entered against those who withdrew and shallbe docketed in the judgment docket of the court of the county in which thepetition was filed by the clerk thereof if not paid within thirty days fromthe entry of the order. Ten days' notice, however, shall be given by theclerk to each person affected thereby, of such order of the court.

(Code 1919, § 1738; 1926, p. 607.)