assessment levied or ordered to be levied for the payment of the labor and expense thereof, shall if there be manifest error in the proceedings, allow the plaintiff in action to show that he has been injured thereby. The court may on application of either party, appoint such person or persons to examine the premises or to survey the same, or both, as may be deemed necessary.

§ 9. COURT SHALL ALLOW PROOF-MAY CORRECT GROSS INJUSTICE COSTS OF HOW PAID.] The court in which such proceedings are begun shall allow proof that the well was necessary and conducive to the public convenience or welfare, and that all the steps required by law have been substantially complied with, notwithstanding the record required to be kept by the commissioner. In case no substantial error is found, the court may correct any gross injustice in the award of damages, or assessment of benefits, as may appear after hearing the proofs and allegations of both sides, and shall make such order in the premises as shall be just and equitable, and may order that such tax or assessment remain on the tax roll for collection, or order the same to be levied or relevied, or may perpetually enjoin the same or any part thereof, or if the same has been paid under protest, may order the whole or such part thereof, as is just and equitable, to be refunded, the cost of such proceedings, if error or injustice be shown, shall be apportioned among the parties, or if no manifest error or injustice be shown, such costs shall be collected of the party bringing the action. § 10 WHEN PROCEEDINGS SET ASIDE BY DISTRICT COURTWELL COMMISSIONER TO REASSESS WHEN.] Whenever any well has been located, established, and the work of construction completed, or partially completed, and any court has declared such proceeding illegal or void for any cause other than that such well is unnecessary, and not conducive to the public convenience or welfare, the commissioner shall without unnecessary delay proceed to relay and complete such well under the provisions of this act, and reassess upon the lands benefitted by such well the original cost thereof, together with the expenses of relaying and completing, and shall continue so to do until such well has been legally established and constructed; Provided, That any person who has paid the tax for benefits assessed against him for such well shall be allowed the amount so paid, and the county treasurer or other officer authorized to receive payment for taxes assessed in any township or city shall accept the receipt, heretofore issued for the payment of such well taxes, as cash, the same to apply on such renewed assessment; the receipt so received by the county treasurer or other officer shall be credited to him and allowed as money.

CHAPTER VII.-WELLS TRAVERSING MORE THAN ONE COUNTY.

§ 1. PROCEEDINGS THE SAME IN EACH COUNTY.] Whenever it may be desired to construct a well traversing more than one county or affecting lands lying in more than one county, an appli

cation therefor shall be made to the county well commissioner of either county traversed by the proposed well. Such application shall be subject to the same conditions and the applicants to the same obligations and liabilities as in other wells under this act.

§ 2. WELL COMMISSIONERS TO ACT JOINTLY-WHEN.] If upon examination the commissioner shall deem the same to be necessary and for the good of the public convenience or welfare, he shall as soon as practicable thereafter fix a time and place of meeting, and notify the county well commissioner or commissioners of such other county or counties to that effect, and furnish him or each of them with a certified copy of such application. Such commissioner or commissioners shall at the time and place fixed as above meet with the well commissioner having the original application, and they shall thereupon and thereafter jointly take all steps and perform all acts and sign all papers, as well commissioners are required to do, singly in the case of other wells including the application to the district court.

§3 SPECIAL COMMISSIONERS TO BE APPOINTED WHEN AND HOW.] In case all the persons whose lands are traversed by such well as proposed in this chapter shall not, within twenty days after the issue of the order of determination as provided in section. five of chapter three, have voluntarily released the right of way therefor, and all damages on account thereof, the said commissioners shall apply to the judge of probate of each county in which any such unreleased lands may be situated, for the appointment of three special commissioners. When such application shall be made, and when all papers shall have been found to be in conformity with the provisions of this act, the court to whom such application has been made shall appoint such special commissioners, and shall deliver to each well commissioner a certified copy of the order of the appointment of such special commissioners. Such special commissioners shall be resident freeholders of the county in which they are appointed. All proceedings had in the appointment of special commissioners under the provisions of this chapter shall be similar to those provided in chapter three, for the appointment of other special commissioners.

§ 4.

SPECIAL COMMISSIONERS' DUTIES SAME AS HEREINBEFORE PROVIDED.] When such special commissioners shall have been notified of their appointment in the same manner as provided in chapter three, they shall at the time and place fixed by the district court meet with the well commissioner of their county and view the whole line of such well or such portion thereof as shall be deemed sufficient, and shall under the same oath and conditions perform their services in the same manner and with like effect as hereinbefore provided in this act for other special commissioners. Before any contract for the construction of any part of such well shall be let, the county well commissioners shall agree and determine upon the just per cent. of the whole cost of construction which each county shall bear, which determination shall be in

writing and signed by them, and a copy thereof made for each county well commissioner affected by said well.

§ 5. ASSESSMENT BY EACH COMMISSIONER AS HEREIN PROVIDED SUBJECT TO APPEAL.] Each commissioner shall thereupon assess within his own jurisdiction such amount as may have been determined upon, and shall assess against the townships such per cent. thereof as may be justly charged against them severally by reason of benefits to the public convenience or welfare, and the balance he shall apportion against the lands in proportion as they will be benefitted thereby. Each commissioner shall furnish such several assessments to the clerk of the county in which the lands affected thereby may be situated, and such assessments shall be computed, divided, spread, collected and returned in the same manner in every respect as provided in the case of other wells constructed under this act. Such assessments shall be subject to the same right of appeal and under the same conditions as hereinbefore provided. The taxes for such wells, when collected by the township treasurer, shall be paid over to the county treasurer of their respective counties, to be disbursed by him on the joint order of the commissioners.

§ 6. FULL RECORD OF WELLS TO BE MADE BY THE COMMISSIONERS.] A full record of such wells shall be made and entered by the several commissioners in the well record books of their respective counties, and all the papers relative to the construction of such wells not otherwise provided for in this act, shall be filed in the clerk's office of the county in which the application was originally made. The parts of each of such wells situated and lying in any one county shall thereafter be under the care and supervision of the county well commissioner of such county.

CHAPTER VIII.-MISCELLANEOUS.

§ 1. COUNTY CLERKS TO PROCURE BOOKS, BLANKS AND STATIONERY.] County clerks shall be authorized, and it shall be their duty, to procure at the expense of their respective counties the necessary books, blanks and stationery for the use of well commissioners, and each commissioner shall furnish, upon request, blank applications to any person who may desire to file an application for the locating of any well.

§ 2. COMPENSATION.] Well commissioners shall receive for their services a sum not to exceed three dollars per day for each day actually and necessarily spent by them in the discharge of the duties of their office, to be fixed by the board of county commissioners. Special commissioners shall receive the same compensation as the county well commissioners, and newspaper publishers shall receive legal rates for advertising.

The judge of probate shall receive ten cents per folio for making exemplified copies of any proceedings had in the probate court, two dollars for the appointment of special commissioners, including the certified copy of the order of their appointment,

and three dollars for all services performed in case a jury is had. § 3. ATTORNEY GENERAL TO DRAFT BLANK FORMS.] It shall be the duty of the Attorney General to draft, or cause the same to be done under his supervision, a complete set of all the blank forms that may be used or required under the provisions of this act.

§ 4. All acts or parts of acts inconsistent with the provisions of this act are hereby repealed.

§ 5. This act shall take effect from and after its passage and approval. Approved, March 11, 1887.

ASSIGNMENTS.

CHAPTER 8.

AMENDING AND RE-ENACTING SECTION 2042 OF THE CIVIL CODE.

AN ACT to Amend and Re-enact Section Two Thousand and Forty-two (2042), of the Civil Code of Dakota.

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

§ 1. That section two thousand and forty-two (2042) of the Civil Code be amended and re-enacted so as to read as follows,. to-wit:

SEC. 2042. WHEN ASSIGNEE TO ACCOUNT.] After the lapse of six months from the date of filing his bond the assignee, on motion of any one of the creditors, with ten days' notice, accompanied by an affidavit of the creditor, his agent or attorney, setting forth his claim, and the amount thereof, and that no account has been filed within six months, may be ordered by the court, or by the judge thereof, at any place in his judicial district, to render an account of his proceedings, within a given time, to be fixed by the court, or the judge thereof, not to exceed fifteen days.

§ 2. All acts or parts of acts in conflict with the provisions of this act are hereby repealed.

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

Approved, February 5, 1887.

CHAPTER 9.

AN ACT To Amend Section 2042, of Title 3, of Part 2, of the Civil Code, in Relation to Assignments for the Benefit of Creditors.

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

§ 1. WHEN ASSIGNEE TO ACCOUNT SUBJECT TO ORDER OF COURT.] That section two thousand and forty-two (2042) of the Civil Code is hereby amended by adding thereto the following: All proceedings under this title shall be subject to the order and supervision of the judge of the district court of the county in which such assignment was made, and such judge may, from time to time, in his discretion, on the petition of one or more of the creditors, by order, citation, attachment or otherwise, require any assignee or assignees to render accounts and file reports of his or their proceedings and of the conditions of such trust estate, and may order or decree distribution thereof; and such judge may, in his discretion, for cause shown, remove any assignee or assignees and appoint another or others instead, who shall give such bonds as the judge, in view of the conditions and value of the estate, may direct, and such order or removal and appointment, shall in terms transfer to such new assignee or assignees all the trust estate, real, personal and mixed, and may be recorded in the deed records in the office of registers of deeds of any county wherein any real estate affected by the assignment may be situated. And such judge may by order, which may be enforced as upon proceedings for contempt, compel the assignee or assignees so removed to deliver all property, money, choses in action, book accounts and vouchers, to the assignee or assignees so appointed, and to make, execute and deliver to such new assignee or assignees such deeds, assignments and transfers as such judge may deem proper, and to render a full account and report of all matters connected with such trust estate. Whenever any assignee so removed shall have fully accounted for and turned over to the assignee or assignees appointed by the judge all the trust estate and made full report of all his doings, and complied with all orders of the judge touching such estate, and, also, whenever an assignee has fully complied with his trust, he may by order of the judge be fully discharged from all further duties, liabilities and responsibilities connected with the trust. In either case he shall give notice by publication in some newspaper of the county, if there be one printed and published therein, if not, in a newspaper published at the capital of the Territory, once in each week, for at least three weeks, that he will apply to such judge for such discharge, at a time and place to be stated in such