Tbe ruling of tbe court below must be affirmed. Tbe action of tbe two surviving drainage commissioners, until their successors were elected and qualified, was within tbe powers conferred by tbe Drainage Act. C. S., 5339 (4).
There was no suggestion of lack of good faith on tbe part of tbe commissioners, or tbat tbe plaintiff’s debt was otherwise than for money which bad been borrowed and properly used for tbe draining of tbe lands within tbe district. Tbe obligation was incurred for tbe benefit of tbe lands embraced in tbe district, and upon these lands tbe law imposed liability therefor.
Tbe fact tbat $7,500, in addition to tbe amount of tbe authorized bond issue, was borrowed by tbe district for drainage purposes, becomes immaterial in view of tbe fact tbat tbe total indebtedness has been reduced, as assessments were collected, to $6,960.06, and tbe finding by tbe court tbat a part of tbe loan was used for tbe payment of interest from time to time (Carter v. Comrs., 156 N. C., 183, 72 S. E., 380), and tbat all of tbe proceeds of tbe loans were used for draining and ditching tbe lands in tbe district.
In Bank v. Watt, 207 N. C., 577, 178 S. E., 228, tbe question of tbe liability of lands within this same drainage district to further assessment *352was considered, in connection with the present plaintiff’s judgment for the balance due on its loan to the drainage commissioners, and it was there said, “It is obvious that the drainage statutes impose liability upon land within the district until the original bond issue for making the improvements or indebtedness incurred therefor has been paid.”
Judgment affirmed.