The evening times. [volume] (Grand Forks, N.D.) 1906-1914, 1907-02-16


petition. and shall give notice of such
hearing by causing five notices to be
posted along the line of the proposed
drain at such points as Will be likely
in the opinion of the board, to secure
the greatest publicity. Such notices
shall contain a copy of the petition
and a statement of the date of filing
of the surveyors report, and the date
when the board will act upon the petit
ton, and shall be signed by the men,
bers of the board, or a majority there
of. All persons whose land may be
affected by any such drain may appear
before the board of drain commits
sioners and fully express their opln-
ion and offer evidences upon the mat
tiers pertaining thereto.
Section 1922. If upon the examine
ton by the board of drain commits
sioners before the survey has been
made. or if upon the hearing upon the
the petition or upon the trial in the
district court it shall appear that
there was not sufficient cause for
making such petition, or that the pro-
posed drain would cost more than the
amount of benefit TO be derived there
from, the board of drain commission
ers shall deny the petition, and the
petitioners shall be jointly and sever
ally liable to such board for all costs
and expenses incurred in the proceed
ings to be recovered by such board
by action. If it shall appear that there
was sufficient cause for the making
of such petition, and that the pro-
posed drain will not cost more than
the amount OF the benefit to be de-
rived therefron, the board of drain
an order establishing the drain, ac-
curately describing it. and give the
same a name by which it shall be re-
corded and indexed.
Section 1923. The right of way for
the construction of any proposed dram
if not conveyed TO the county by the
owner, may be acquired in such man
ner as may now or hereafter be pre-
scribed by law. Such right OF way
when required shall be the property
of the county.
Section 1927. After the assessment
of benefits has been made, as pro-
vided in the last section, and has been
confirmed upon the hearing and the
specific amounts of each assessment
has been extended, as hereinafter pro-
vided, the board of drain commission
ers shall make return thereof to the
county auditor, who shall record the
same in book to be provided by the
turn shall contain the petition for the
drain. the minutes of the survey
signed by the surveyor. copy of the
order establishing the drain, convey
ance OF the right of way, if any, and
the assessment of benefits.
Section 1928. After completing the
percentage assessment, as hereinbe-
fore provided, the board of drain COM
missioners snail without delay divide
the line thereof into convenient divi-
sions for construction, make diagrams
of the same with specifications of the
width of excavation at the bottom, the
slope of the sides, and such other
matters as may be necessary for the
proper construction of the drain, and
set suitable stakes in such places as
may be necessary to show the begin
ming and end of divisions, and grade
stakes to show the depth of cuts at
such intervals as may be necessary.
Such board shall give at least ten
i days notice of the time when and the
place where they will meet parties for
| the purpose of letting contracts for
such construction. Such notice shall
| be published in some newspaper OF
general circulation in the county and
f, printed notices not less than five III
all and at least one in each township
or municipality interested in such
drain shall be posted in such township
and municipalities at such points as
will be likely in the opinion of the
board, to secure the greatest publicity
for such notice Such notice shall also
state that at the time and place OF
such letting of contracts the assess
ment of benefits will be subject to re-
view unless such assessment has al
ready been reviewed, under the pro-
visions of section 1925.
Section 1881. After fixing the cost
Of the construction of the drain, as
provided in the preceding section, the
board of grain commissioners shall
carry out upon the assessment list
the specific amount which each NUM-
cipality and lot or tract OF land bene-
fitted by the drain for which the tax
is levied is liable to pay on account
of procuring the right of way or the
construction of any drain, or both ac-
cording to the per cent which by Sec
ton 1926 it is required to fix and de-
termine, a copy of which shall be
served on the clerk or auditor of eacn
municipality against which taxes are
to be assessed Such list shall there
upon be filed in the Office of the coun-
ty auditor of the county in which the
municipalities and lands benefited by
the drain are situated, and the audi
tor shall thereupon extend upon the
tax lists as special tax as provided
by law the several amounts shown by
the drain commissioners list, specify
ing in such tax lists the particular
drain for the construction or procure
ment of the right of way of which
the special tax is assessed, which
special tax shall be collected and en-
forced in the same manner as other
taxes. When such special tax is for
the right of way, the same shall when
collected be paid by the county treas
urer into court for the benefit of the
owners of the right of way. And the
common council, or other proper tax