DRAINAGE.

CHAPTER 43.

AMENDING LAND DRAINAGE ACT.

AN ACT To Amend Chapter Seventy-five of the General Laws of 1883, in Regard to Drainage as Amended by Chapter Forty-seven of the General Laws of 1885.

Be it Enacted by the Legislative Assembly of the Territory of Dakota:

§ 1. AMENDMENT.] That the words "register of deeds" be stricken out wherever they occur in chapter seventy-five of the General Laws of 1883, as amended by chapter forty-seven of the General Laws of 1885, and the words "county clerk or county. auditor" be inserted in lieu thereof.

§ 2. AMENDING SCETION 2.] That section two of chapter seventy-five of the General Laws of 1883 be amended by striking out the words "and they shall" where they occur in line fifty before the words "in tabular form," and inserting in lieu thereof the words "and such surveyor shall."

§ 3. AMENDING SECTION 10.] That section ten of said chapter seventy-five be amended by adding thereto the words: "when the same are collected by the county or township treasurer as hereinafter provided."

That section eleven thereof "viewers" in line seventeen "reviewers."

§ 4. AMENDING SECTION 11.] be amended by striking out the word and inserting in lieu thereof the word § 5. AMENDING SECTION 16.] That section sixteen thereof be amended by striking out the word "final" in line seven and by striking out all of said section after the word "completed" in line nine.

§ 6. AMENDING SECTION 17.] That section seventeen thereof be amended by striking out, in line four the words "either the following manner" and inserting in lieu thereof the words "any of the following matters."

That all of the sec

§ 7. SALE OF WORK TO LOWEST BIDDER.] tion nineteen of chapter seventy-five of the General Laws of 1883, be stricken out and the following substituted:

§ 19. As soon as the board of county commissioners or township board establish any public ditch, drain or water course, and

the viewers or reviewers have fixed the time in which the shares or allotments of said ditch shall be constructed, the county clerk or county auditor or township clerk shall sell the job of digging and constructing such ditch or drain in single shares or allotments, groups of shares or allotments, or as a whole, as he may deem best for all parties interested, and he shall give notice by * publication for three consecutive weeks in some newspaper published in the county where such work is to be done, or if there be no newspaper published in said county, by posting for three weeks three written copies of such notice in three public places in the vicinity of the proposed work, and one at the door of the court house in said county, of the time when and the place where he will sell to the lowest responsible bidder or bidders the said shares or allotments, and no bid shall be entertained which exceeds more than twenty per cent. over and above the estimated cost of the construction in any case; and the county clerk or auditor or township clerk shall contract with the party to whom a share or allotment, group of shares or allotments or the whole number of shares or allotments is sold, requiring him to construct the same in the time and manner set forth in the report of the viewers or reviewers, on which the ditches or drains are established, and take from him a bond with two freehold sureties, payable to the Territory, for not less than double the amount for which the same is sold, to be by him approved, conditioned that he will faithfully perform and fulfill his contract, and pay all damages which may accrue by reason of the failure to complete the job within the time required in the contract therefor; Provided, That the work of constructing such ditch or drain shall commence at the outlet thereof and proceed up towards the source, which shall not be opened or constructed until all lower parts of the ditch are fully completed and accepted.

§ 8. INSPECTION OF WORK.] That all of section twenty-one of said chapter seventy-five, be stricken out and the following substituted:

§ 21. It shall be the duty of the county surveyor, on being notified by any contractor that his job is completed, to inspect the same, and if he find that it is completed according to contract, he shall accept it and give to the contractor a certificate of acceptance, stating that said job, share or allotment is completed according to the specifications of said ditch or drain, which certificate shall be a lien upon the land assessed for snch share or allotment, and when a copy of such certificate is filed with the county clerk or auditor, he shall charge the amount mentioned in said. certificate on the tax duplicate, against the land assessed, to be collected as other taxes are collected, and when collected it shall be paid to the person holding the certificate, on an order of the county clerk or auditor.

$9. DUTY OF VIEWERS.] Insert after section twenty-one of said chapter seventy-five, the following section:

§ 22. Upon the letting of the contracts for the construction of said ditch, drain or water course, and the approval of the bonds to secure the same, it shall be the duty of the viewers if such work is let under their report, or of the reviewers, if let under them, to meet at their former place of meeting within ten days thereafter and make a final report, in which they shall apportion the cost of locating and constructing such ditch, drain or water course, including penalties, fees, damages if any shall have been allowed, and compensation to the viewers, reviewers, surveyor and necessary assistants at the rates' hereinafter specified, and award to each person or corporation owning lands assessed for the construction of said work, their proportionate share of such cost, and shall file their report with the county clerk or auditor, after having subscribed and sworn to the same. And it shall be their duty

to file with their report an account of the names of the assistants and the time each was employed by them, and the awards so apportioned, shall be entered up by the county clerk or auditor, on the tax list and duplicate, as a tax against such property and shall be collected by the treasurer as other taxes are collected, and the amount so collected shall be paid out by the treasurer to the parties entitled thereto on an order from the county clerk or county auditor.

§ 10. AMENDMENT OF SECTION 28.] That section twenty-eight of said chapter seventy-five be amended by striking out the words, "and perform said labor," in line nine thereof.

§ 11. COMPENSATION.] Strike out all of section thirty-one of said chapter seventy-five, and substitute the following:

$ 31. The surveyor or engineer shall be allowed the sum of three dollars per day for each day he is necessarily engaged in performing the duties required of him by this act. The viewers and reviewers shall each be allowed two dollars per day for each and every day they are necessarily engaged in viewing and reviewing, and ditching, and making up and filing their reports, each chainman, axman, rodman, and all other hands necessary to the prompt execution of the work of locating a public ditch, shall be allowed one dollar and fifty cents per day for the time actually employed.

§ 13. That the sections of said chapter seventy-five be renumbered to conform with the foregoing amendments.

§ 14. That all acts and parts of acts in conflict with this act are hereby repealed.

§ 15. This act shall take effect and be in force from and after its passage and approval.

Approved, March 11, 1887.

EDUCATION.

CHAPTER 44.

TEACHERS OF PUBLIC SCHOOLS TO KEEP RECORD OF VISITS OF

COUNTY SUPERINTENDENTS.

AN ACT Entitled an Act to Require Teachers of Public Schools to Keep a Record of the Visits of County Superintendents.

Be it Enacted by the Legislative Assembly of the Territory of Dakota:

§ 1. TEACHERS TO KEEP REGISTER.] A register of superintendents' visits shall be kept in each school house in the Territory, and it shall be the duty of the teacher, at the time of each visit of the county superintendents of schools to forthwith enter a record of such visit, showing the date of such visit and the time spent in such school by the superintendent, and forthwith to transmit by mail to the county clerk or county auditor, as the case may be, a full and complete copy of such entry, attested by the teacher, which copy shall be kept on file as a public record by the county clerk or auditor.

§ 2. STATEMENT TO COUNTY COMMISSIONERS.] Whenever any county superintendent renders his account for services to the board of county commissioners, he shall designate in such account each charge for visiting any school in the county, and this charge shall be separate from all other items, and no compensation for any such visit shall be allowed by any board of county commissioners until the copy of entry, required by the preceding section has been filed, as therein required.

§3. PENALTY.] Any person wilfully making or causing to be made any false entry, certificate or record, required by this act, or violating any provision thereof, shall forfeit to the county the sum of twenty-five (25) dollars, to be recovered in civil action, prosecuted by the district attorney, in the name of the county.

§ 4. This act shall take effect and be in force from and after the first day of April, 1887.

Approved, March 8, 1887.

CHAPTER 45.

REGISTRATION AND PAYMENT OF SCHOOL WARRANTS.

AN ACT to Provide for the Registration and Payment of Warrants Drawn by the Secretary and President of Boards of Education in this Territory, and to Prescribe the rate of Interest Thereon.

OF

Be it Enacted by the Legislative Assembly of the Territory of Dakota. § 1. WARRANTS DRAWN BY PRESIDENT AND SECRETARY BOARDS OF EDUCATION-HOW PAID.] Every warrant legally drawn by the president and secretary of any board of education shall be paid by the treasurer of such board in the order of their presentation, and when presented, so long as there is any money whatever in the treasury applicable thereto. Every warrant shall specify the purpose for which the money is paid, and the person, firm or corporation to whom paid. In case the treasurer has no money applicable to the payment of the warrant he shall endorse it, "Presented this .... day of...., and not paid for want of funds," inserting the date of the presentment in the blank, and sign the endorsement, and if he has money to pay a portion of the amount, he shall pay so much of the warrant, and shall endorse thereon the date and amount paid, and add, "the balance not paid for want of funds," and sign the same; and interest at eight per cent. per annum shall accrue upon the amount unpaid of all warrants substantially so endorsed, from the date of such endorsement. § 2. TREASURER TO KEEP WARRANT REGISTER AND REGISTER WARRANTS.] The treasurer of every board of education shall provide himself with and keep a warrant register, which register shall show in a column arranged for that purpose, in the order of their presentation, the number and the amount of each warrant presented, the particular fund upon which the same is drawn, the date of presentation, the name and address of the person to whose name the same is registered, the date of payment, when made, the amount of interest, the total amount paid them, with the date when notice to the person in whose name such warrant is registered is mailed, as hereinafter provided.

§ 3. DUTY OF TREASURER.] It shall be the duty of every such treasurer to set aside the money for the payment of each registered warrant in the order of its registration, as soon as money sufficient for the payment of such warrant is received, to the credit of the particular fund upon which such warrant is drawn, and the interest upon such warrant shall thereupon cease, and such treasurer shall by mail immediately notify the person in whose name