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

drainage. Inc leAL Vi Ille Ulll Is dts
follows:
Be it enacted by the legislative as
sembly of the state of North Dakota
that sections 1919. 1920, 1921, 1922.
1923, 1927, 1928, 1881, 1882, 1885, 1910
and 1S49 be, and the same are hereby
amended to read as follows:
Section 1919. The board of county
commissioners of any organized county
in this state shall have power and is
authorized at any meeting of the board
by majority vote of all the members,
upon it's own motion or on the petit
ton of any person interested, to ap-
( point three freeholders of the county
( as board of drain commissioners OF
such county, who shall hold office for
two years and until their successors
are appointed and qualified. The
board of county commissioners may
remove any or all of such drain COM
missioners, and in case OF a vacancy
may fill the same by appointment The
board of county commissioners shall
provide an Office for said board OF
drain commissioners at the county
seat suitable for its use, and the keep
ing of its records, and shol! provide
suitable record books for its use.
Section 1920. Any person appointed
as a member of the board of drain
commissioners shall within ten days
after his appointment take, subscribe
and file in the Office of the county aud
itor an oath faithfully to perform the
- ~, cs;0
the law, and within the same time
make, execute and file in the audi
tors Office bond TO the county With
sureties to be approved by the adul-
tor in such sum as shall be ordered
by the board of county commissioners.
conditioned for the faithful discharge
of his duties as drain commissioner.
The members OF the drainage board
shall organize by electing from their
number chairman and secretary;
they shall keep an Office at the county
seat at which all hearings upon notice
shall be held and shall keep a record
of it's acts and proceedings and a sep
arate record OF the proceedings relat-
ing to each separate drain, all Of
spection, and such records shall have
the same force and effect as other
public records. Two members of said
board shall at all times constitute a
quorum for the transaction of bust
ness. Said board may. when in its
judgment it is necessary, employ Il
clerk and fix his compensation; it
may also employ and call to Its assis-
lance a competent surveyor. The
states attorney of each county shall,
so far as his other duties will permit,
act as the legal adviser of the board.
The board may, however, by and with
the consent OF the county commis-
sioners, employ other counsel to ad-
wise and represent it in it's proceed
ings.
Section 1921. \ petition for the
construction of a drain may be made
in writing to the board of drain COM
missioners, which petition shall des-
ignate the starting point and terminus
and general course of the proposed
drain. If among the leading purposes
of the proposed drain are benefits TO
the health, convenience or welfare
of the people of any city or other
municipality, the petition shall be
signed by sufficient number of the
citizens of such municipality or mu-
inequalities, to satisfy the board of
drain commissioners that there Is a
public demand for such drain If the
chief purpose of such drain is the
drainage of agricultural, meadow,
grazing or other lands, the petition
shall be signed by at least six or more
freeholders whose property shall be
affected by the proposed drain. Upon
the presentation of petition as here
inbefore provided, and filing of the
same, the board of drain commission
ers shall, personally, as soon as prac-
ticable, proceed to examine the line
OF the proposed drain, and if in its
opinion it is necessary and for the
public good, it shall enter a resoIu-
ton to that effect, and shall also enter
a resolution designating competent
surveyor who shall survey the line
thereof and establish the commence
ment and terminus, and determine the
route, width, length and depth there
Of For the purpose of making exami-
nations or surveys, the board of drain
commissioners, surveyors and their en-
ployes may enter upon land traversed
by any such proposed drain, or upon
other lands when necessary Sucn
surveyor shall prepare profiles, plans
and specifications of the proposed
drain, an estimate of the cost thereof
and map or plat of the lands to be
drained, in duplicate, showing the reg
ular subdivisions Thereof, one copy OF
which shall be filed in the office Of
the county auditor of the county in
which the drain is proposed to be con-
structed, and the other with the board
of drain commissioners subject to In
spection. In locating drain the
board of drain commissioners may,
under the advice of the surveyor, vary
from the line described in the petit
(. ton as it seems best When the line
proposed is along highways already
established, the drain shall be located
at a sufficient distance from the center
of such highway to permit good road
along the central line thereof when
the length of the line described in
! the petition does not give sufficient
fall to drain the lands sought to be
drained, the board of drain commits
sioners may extend the drain below
the outlet named in the petition far
enough to obtain a sufficient fall and
outlet. Drains shall, as far as prac-
ticable, be located on dividing lines