legislative session, shall constitute and be known as the regents provided for in this act.

§ 17. EXPERIMENTAL STATION.] There is hereby established an Agricultural Experiment Station in connection with the Agricultural College of Dakota, and under the direction of the board of regents of said college, for the purpose of conducting experiments in agriculture, according to the terms of section 1 of an act of Congress, approved March 3d, 1887, and entitled "An act to establish agricultural experiment stations in connection with the colleges established in the several States, under the provisions of an act, approved July second, eighteen hundred and sixty-two, and of the acts supplementary thereto."

§ 18. ASSENT OF LEGISLATURE TO CARRY OUT PROVISIONS OF ACT OF CONGRESS.] The assent of the Legislature of Dakota is hereby given, in pursuance of the requirements of section nine of said act of Congress, approved March 3d, eighteen hundred and eightyseven, to the grant of money therein made, and to the establishing of an Experiment Station, in accordance with section one of said last mentioned act, and assent is hereby given to carry out all and singular the provisions of said act.

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

Approved, March 11, 1887.

ARTESIAN WELLS.

CHAPTER 7.

PROVIDING FOR CONSTRUCTION AND MAINTENANCE.

AN ACT to Provide for the Construction and Maintenance of Artesian Wells, and the Assessment and Collection of Taxes Therefor.

Be it Enacted by the Legislative Assembly of the Territory of Dakota:
CHAPTER I.—ARTESIAn Wells.

§ 1. MAY BE LOCATED WHEN| That artesian wells may be located, established, constructed, and maintained whenever the same shall be conducive to the public convenience or welfare.

§ 2. ARTESIAN WELL DEFINED.] The word "artesian well," whenever used in this act, shall be deemed to include any water

course or ditch connected for the purpose of drainage, and any artificial ditch or drain, proposed or constructed for such purpose.

CHAPTER II.—WELL COMMISSIONERS.

§ 1. JUDGE OF PROBATE.] For the purpose of carrying into effect the provisions of this act, thẻ judge of probate shall be exofficio county artesian well commissioner, and shall have jurisdiction over all artesian wells within his county, except that in all cases where the entire artesian well shall be laid in one county, and the benefits to be derived therefrom, and the assessments for its construction shall extend to lands situated in one or more adjoining counties, then all such artesian wells shall be laid by the commissioners of such counties, acting jointly, and all their proceedings shall be had under the provisions of this act, regulating the construction of artesian wells traversing more than one county.

§ 2. WELLS IN CITIES-APPEALS.] In case it is proposed to run a part of an artesian well through an incorporated city, the whole of such artesian well shall be located, established and constructed, and the assessment for its construction made by the county artesian well commissioner, in the same manner as herein provided for the construction of other artesian wells by county artesian well commissioners, and wherever the word "township" is used in this act it shall be construed to mean "city," as the case may be; Provided, That when an appeal is taken from the assessment of such commissioner by the owner of lands in a city, such appeal shall be made to the common council of such city, subject in every other respect to the provisions of this act, covering appeals made to township boards; Provided, That in case the resident owners or freeholders of a majority of the property assessed as benefitted, shall appeal to the county commissioners and protest against the laying out and constructing of any such well, then such well shall not be constructed.

§ 3. DUTIES OF WELL COMMISSIONER.] It shall be the duty of each county artesian well commissioner to make and keep a full financial statement of each artesian well laid out by him. The county artesian well commissioner shall make and keep in his office, in a book to be provided for that purpose, a complete record of each artesian well applied for, under his supervision, under the provisions of this act, which record shall include a copy of the application for the laying out of the artesian well, of the minutes of the survey, of the release of the right of way, when the same has been released, together with the minutes of his doings, of his orders of determination of necessity, and of establishing the artesian well and his assessment of benefits, and where special commissioners or a jury have been called, it shall also contain a copy of the application to the district court, of the return of the special commissioners or jury, as the case may be, and of all other papers in his office necessary to show a complete history of each artesian

well, all of which said original papers shall then be deposited and filed in the office of the county clerk.

§ 4. ACKNOWLEDGMENTS—OATHS-WHAT IS SUFFICIENT CONVEYANCE.] Artesian well commissioners may take acknowledgments of releases of rights of way, and administer oaths in all proceedings in any way pertaining to artesian wells under this act. A simple form of release of right of way and damages, that shall set forth by reference to the survey of artesian wells, or by other convenient description, the particular land intended to be conveyed, and signed and acknowledged by the person having the right to convey, shall be deemed a sufficient conveyance under the provisions of this act.

§ 5. ANNUAL REPORT WHAT TO CONTAIN.] Every county artesian well commissioner shall make a report to the board of county commissioners at their annual meeting in October of all artesian wells constructed, finished or begun under his supervision during the year then ending, and he shall also render to them a full financial statement of each artesian well. The reports required by this section shall include an itemized statement of all expenses and disbursements on account of each and every artesian well laid or operated by him during the year, and a debit and credit balance of every such artesian well.

CHAPTER III.-LOCATING OF WELLS.

§ 1. EXPENSES-HOW PAID.] Before the commissioner takes any action toward locating or establishing any artesian well, there shall be filed with him an application, signed by not less than five freeholders of the township or townships in which such artesian well, or the lands to be benefitted thereby and to be assessed therefor may be situated, one or more of whom shall be owners of lands liable to be assessed for benefits in the construction of such artesian wells, giving a general description of the beginning, the route and the terminus thereof. Such applicants shall be jointly and severally liable for all costs and expenses, in case the commissioner, upon examination, or upon examination and survey shall determine that the same is unnecessary or impracticable, or in case the proceedings shall be dismissed for other cause. person signing such application shall refuse to pay such costs and expenses, the commissioner shall bring suit in a court of competent jurisdiction and collect such costs and expenses, with costs of suits. If upon the presentation of such application the commissioner shall deem the financial responsibility of the petitioners insufficient, he shall have the right to return such application for additional signatures.

§ 2.

If the

WELL COMMISSIONER TO MAKE ORDER OF DETERMINATIONHOW WHEN.] Upon the filing of such appplication the commissioner authorized to act thereon shall, as soon as practicable thereafter, proceed to personally examine the route of the proposed ar

tesian well, and if in his opinion it is necessary and conducive to the public convenience or welfare that the application should be granted, he shall, as a means of determining the practicability thereof, make a survey and measurement of the line of the proposed artesian well, or cause the same to be made by a competent surveyor; if upon such survey he shall find such artesian well to be practicable he shall make his order of determination in writing in accordance therewith, and shall establish the commencement, route and terminus of said artesian well. For such purpose he shall have the right to enter upon any such lands traversed by the route of the proposed artesian well, or otherwise connected with the purpose of the proceeding. In locating such artesian well the commissioner shall not be limited or confined to the precise starting point, route or terminus set forth in the application. The record or minutes of the survey shall show the line and route of the artesian well. § 3. PROCEEDINGS IN DISTRICT COURT-WHEN.] If within twenty days after the making of such order of determination all the persons through whose lands the propoposed artesian well is to pass shall not have executed a release of right of way, and all damages on account thereof, the commissioner shall, as soon as practicable, make application to the district court of the county in which such lands are situated, for the appointment of three special commissioners, who shall be resident freeholders of the county, to determine the necessity for such artesian well, and for the taking of private property for the use and benefit of the public, for the purpose thereof, and the just compensation to be made therefor. Such application shall be in writing, and shall set forth:

First. The fact that an application for an artesian well was made, and when, describing the artesian well, and also giving the route thereof, according to the application and survey;

Second. That an order determining the necessity for the artesian well was made by the commissioner, giving the time when the order was made;

Third. The names of the persons, if known, who have not released right of way and damages, the description or descriptions of land owned by each such person that will be affected by the artesian well, and the descriptions of land owned by non-residents or unknown persons, and the fact that they have each and all neglected or refused to execute release of right of way and damages.

§ 4. DISTRICT COURT TO ISSUE CITATION.] The court to whom such application is made shall make an examination at the time of such application of all the proceedings of the commissioner so far as had, and, if such proceedings be found to be in accordance with the statute, such court shall at once appoint a time and place of hearing upon the application, which time shall be fixed not less than thirty (30) nor more than forty (40) days thereafter, and the court shall issue a citation to all persons whose lands are traversed by such artesian well, or who will be liable to assessments for benefits in the construction thereof, and who have not released right of

way and all damages on account thereof, to appear at the time and place designated in said citation, and be heard with respect to such application, if they so desire, and show cause, if any there be, why said application should not be granted.

§ 5. WHAT CITATION TO CONTAIN HOW SERVED.] The citation shall recite so much of the premises as will show jurisdiction, and in the case of resident owners, shall be addressed to such owners by name; in the case of non-resident owners, it shall be addressed to the owner or owners of the several descriptions of land involved. It shall describe the artesian well by its commencement, terminus and general course, and shall set forth that lands owned by the persons to whom it is addressed will be crossed by such artesian well, or will be subject to assessment for its construction, and that a description and survey of such artesian well is on file with the court issuing the citation. Such citation shall be personally served by the commissioner, or some other competent person, upon every person whose lands are traversed by such artesian well, or who will be liable to assessment, for benefits in the construction thereof, and who has not released the right of way, and all damages on account thereof, and who is known and resides within the township or townships in which any such lands are situated, by delivering to him a copy thereof, or by leaving the same at his residence, with some person of suitable age and discretion who shall be informed of its contents. In all cases of personal service, at least ten (10) days shall intervene between the day of service and the day of hearing, and the court issuing such citation shall require proof of such service, by affidavit, showing the time, place and manner of such service. Citations shall be served upon townships by leaving a copy thereof with the supervisor, or at his residence; upon cities, by leaving a copy thereof with the mayor or clerk; upon the Territory, by leaving a copy thereof with the prosecuting attorney of the county in which such lands are situated; upon railroad companies, by leaving a copy thereof with the agent of any ticket or freight office of the company operating such railroad; and upon other private corporations, by serving the same upon the officer or person designated by law in cases of civil process. If (the owner of any) lands involved be non-resident, a copy of the citation so far as it affects such lands shall be published in some newspaper published and circulating in the county in which such lands are located, for at least two (2) weeks previous to the day of hearing, which publication shall be deemed to be sufficient notice to all non-resident parties interested in such artesian well. The first publication of such notice shall be at least fourteen (14) full days before the day of hearing, and proof of its publication shall be made as above provided in case of personal services.

§ 6. SPECIAL COMMISSIONERS-HOW APPOINTED.] The court to whom such application is made shall, at the time and place fixed in the citation, or at any time to which it may adjourn, and upon