Bismarck weekly tribune. [volume] (Bismarck, Dakota [N.D.]) 1884-1943, 1895-03-08

" CulVeIIS over OF Ill connection with e8iA
drain as may in their Judgment be neces7s
sary to furnish a passage from one part ro
another of any farm or tract of land inter
sected by such drain, and the cost of con-
struction thereof shall be charged as part
OF the cost OF constructing such drain and
such bridge or "passageway shall be main
tanned under the authority of the board Of
county commissioners or township super
vis0rs, as the case may be, and the neces-
sary expense thereof shall be deemed a
part of the cost of keeping such drain open
and in repair.
Sec. 81. Blind drains may be construct
ed by the use Of drain tile or sewer pipe,
when the nature of the ground will admit
of SO doing. When blind drains are con-
structed, the entrance shall be protected
from drift wood and other debris.
Sec. 22. All drains regularly estab-
lished, opened or constructed under exist.
ing provisions Of law, shall be Seemed
legal drains, and it shall be the duty III all
boards Of county, commissioners, in cases
where the records of any drain may not
have been preserved, to see that such rec
ord is made in the best manner practicable,
in the Office of the county auditor.
SEC. %. The collection of no tax or
i assessment levied or ordered to be levied
to pay for the location and construction of
any drain laid out and constructed under
this act shall be perpetually enjoined or
l 1OoOAoSOAy WIN III COuoC4uCllCC VI
any error of any officer or board in the To-
cation and establishment thereof, nor by
reason of any error or informality appear
ing In the record of the proceedings by
which any drain shall have been located
and established, nor for want of proper
conveyance or condemnation Of the right
OF way, but the court in which N pro.
ceedings may hereafter be brought to re-
verse or to declare void the proceedings by
which any drain has been located or eStab-
lished or to enjOin the tax levied to pay for
the labor ana costs and expenses, shall, on
application of either party, appoint such
person or persons to examine the premises,
or to survey the same, or both, as may be
J deemed necessary; and the court shall. on
a final hearing. make such order in the
premises as shall be just and equitable, and
may order such tax to remain on the tax
lists for collection, or order the same to be
relieved, or may perpetually enjoin the
shall have been paid under protest, shall
order the whole or such part thereof as
may be Just and equitable to be refunded,
the costs of said proceedings to be appor-
toned among the parties rs justice may
require.
SEC. "a. All drains that may lave been
constructed under any law of this state. or
ions of this act and situated in this state,
| shall, except as otherwise provided, be
under the charge of the board of county
commissioners n their successors in office
and be by them kept open and in repair.
In all cases when any completed drain is
or may be situated in more than one county
the care OF the portion thereof lying within
any county is hereby assigned to the board
Of county commissioners Of such county, to
be by them kept Oren and In repair. The
cost of such keeping open and in repair
shall in all cases be assessed, levied and
- L. 49, - &c. khN ~ ~ n roxN M ~ ~ ~~-o
vided in this, act for the construction of
drains in the first instance, and in cases
when no assessment of benefits shall have
been made, the commissioners having
charge of, or to whose care such such drain
may be assigned, shall make such assess
ment.
SEC. Is. The board of county commits
sioners OF any county may make rules and
regulations on the subject of drainage
within such county as they may deem
proper, not inconsistent with the prOvis-
ions OF this act, and especially with regard
to clearing out and keeping clear the
channels of streams and the construction
reference to their capacity for drainage,
and may require of the owners OF such
dams reasonable service in clearing and
keeping clear as q consideration for the
right to erect.dams thereupOn.
SEC. 26. Each board of drain commits
sioners shall make report to the board of
county commissioners OF all drains begun,
in process Of construction or finished, and
shall also render a full account OF all
moneys which shall come into their hands;
and. every drain commissioner shall be la
BILE on his bond for any misappllcatlOn OF
money coming into his hands as such COM
missioner. The report required by this
of all expenses and warrants drawn on &C.
count Of each andeYery drain.