places near the route of the proposed drainage. Such notice shall state the description of each tract of land affected by the proposed drainage and the names of the owners thereof as appears from the tax records in the County Treasurer's office, and the proportion of benefits fixed for each tract of property, taking any particular tract as a unit, and shall notify all such owners to show cause why the proportion of benefits shall not be fixed as stated. Upon the hearing of the equalization of the proportion of benefits, the board of county commissioners shall finally equalize and fix the same according to benefits received. The board for good cause may authorize the revision thereof after same has been once equalized and fixed. In such case notice shall be given and procedure taken as required by this section for the equalization and fixing of the proportion of benefits and in case of any moneys having been paid under an abandoned or invalid proportion of benefits same shall be considered, and an equitable adjustment made in the next succeeding assessment made. The proportion of benefits which any county, city, town or township may obtain by the construction of such drainage to highways or otherwise, and the benefits which any railroad company or other corporation or property owner may obtain for its property by such construction, shall be fixed and equalized together with the proportion of benefits to tracts of land. Benefits to be considered in any case shall be such as accrue directly by the construction of such drainage or indirectly by virtue of such drainage being an outlet for connection drains that may be subsequently constructed. Indirect benefits accruing because of such drainage being an outlet for connection drains that have heretofore or may be hereafter constructed, or due to its improving public health convenience or welfare may be assessed against any drainage district, county or political subdivision affected thereby as a whole at the option of the board of county commissioners.

Section 5. That Section 8465 of the Revised Code of the State of South Dakota of 1919 be amended to read as follows:

Section 8465. Bids, Specifications, Contracts.] At any time after the establishment of a drainage district the board of commissioners may proceed to construct such drainage and shall let contracts for the construction of the same. Such contracts may require the contractors to take their pay in assessment certificates or in warrants thereafter issued. The contract may be for the construction of the entire drainage or for any portion thereof or for material and labor separately, and shall be let upon competitive bids, the boards reserve the right to reject any and all bids. The lowest responsible and capable bidder shall be accepted, and if any land owner affected be an equally low, capable and responsible bidder with a non-owner of lands affected the former shall be preferred. When any contract shall be let the contractor shall give a bond in such sum as shall be approved by the board of county commissioners, conditioned by the faithful performance of his work and the full completion of his contract to the satisfaction of such board. For the information of a contractor in bidding upon the proposed drainage, full plans and specifications shall be filed in the office of the county auditor. If in the judgment of the board of county commissioners, the entire drainage or any part thereof can be constructed for less money than the amount of the bid submitted therefore, the board may cause such drainage to be constructed, hire the necessary labor and purchase the necessary material for such construction without letting contracts therefore. Contract for building bridges and culverts rendered necessary by the construction of such drainage may be let separately and after the drainage is completed. The first instance as part of the cost of drain

age and thereafter such bridges and culverts shall be maintained as part of the highway; provided that the cost of removing, repairing, enlarging or replacing bridges or culverts already existing across the line of a proposed drainage ditch shall not be charged as a part of the drainage.

Section 6. That Section 8470 of the Revised Code of the State of South Dakota for 1919 be amended to read as follows:

Section 8470. Assessments for Maintenance.] For the cleaning and maintenance of any drainage, established under the provisions under this Article, assessments may be made upon land owners affected in the proportions determined for such drainage at any time upon the petition of any person setting forth the necessity therefor, and after due inspection by the board of county commissioners. Such assessments shall be made as other assessments for the establishment and construction of drainage, and all provisions of this article relating to the financing and enforcement of assessment on original construction of drainage shall govern the financing and enforcing of assessments for maintenance.

Section 7. That Section 8476 of the Revised Code of the State of South Dakota of 1919 be amended to read as follows:

Section 8476. Powers Defined.] The powers conferred by this Article for establishing and constructing drains, shall also extend to and include the deepening, widening and regulating of any drains which have heretofore been or may hereafter be constructed, also to straightening, cleaning out and deepening and regulating the channels of creeks and streams and constructing, maintaining, remodeling and repairing levees, dikes and barriers for the purpose of drainage. The board of county commissioners may relocate or extend the line of any drain if the same is necessary to provide a suitable outlet, and shall cause a survey thereof to be made, and they may buy, sell, lease, improve or control real property or other property necessary to the accomplishment of the purpose stated in this chapter, but no proceedings affecting the rights of persons or property shall be had under this section except on notice and the other procedures prescribed herein for the construction of drains.

Section 8. That Section 8484 of the South Dakota Revised Code of 1919 be and is hereby amended to read as follows:

Section 8484. When Drainage Runs Into Two or More Counties.] When drainage shall be desired running into two or more counties, the board of county commissioners of the several counties shall require in each county a petition setting forth the entire drainage and signature of owners of lands in each of the several counties, and the petition shall be accompanied by a bond to be filed with each county auditor. The boards of the respective counties shall act conjointly in the consideration of the petition, a majority of each board being required for any determination. In all other respects the procedure shall be the same as in the case of drainage wholly within one county, and the engineer's report and the record of such proceedings shall be made in each county. All publications shall be made separate in each county. Assessments made shall be payable to the treasurer of the county in which the land assessed is situated. Bonds may be issued by the jointly acting boards payable out of the assesments for the drainage and shall be signed by the chairman of each board and countersigned by the auditor of each county and may be issued for any portion of the expenses of the drainage. The terms, issue and collection of assessments to pay such bonds, and all other procedure, shall be the same as in the case of drainage within one county and all assessments and certificates shall be in like manner a lien and enforcible as in case of drainage in one county. If the several boards

are unable to agree upon the establishment of the drainage, the matter of damages, the assessment of benefits, or any other matter, any person interested may bring the determination of such matter into the circuit court of the county in which his own land is situated by giving notice to such boards of his intention and requesting one of them to transmit its records to the clerk of courts of such county; and thereupon it shall be the duty of the county auditor to transmit the petition and all other records in such proceeding, or certified copies thereof, to the clerk of such circuit court. Such matter shall be tried thereon and determined as an original action, and upon such determination the boards of county commissioners of the several counties shall proceed in the matter of such drainage in accordance therewith, Provided, that when it appears that the greater portion of the drainage area is within one county and not more than three thousand acres thereof are within the limits of any adjoining county or counties, a petition signed by one or more owners of property likely to be affected, requesting such drainage and accompanied by a bond, as provided in Section 8459, shall be filed with the County Auditor of the county in which the greater portion of the drainage area is situated, and the board of county commissioners of the county where such petition is filed, shall have jurisdiction to hear and determine such petition and to construct such drainage as if the drainage were all in one county, subject to the conditions and qualifications stated in this section. If the board of county commissioners of the county where such petition is filed shall find, at the time of the hearing provided for by section 8462, that the greater portion of such drainage area is situated in another county and not to exceed three thousand acres are situated in the county where such petition is filed, it shall certify such proceeding to such other county and the board of such county shall assume full jurisdiction thereof, subject to the provisions of this article. But if at the time of such hearing the board shall find that more than three thousand acres of the drainage area are in another county, the board of county commissioners of such other county shall be notified, and thereafter the two or more boards of county commissioners whose counties are affected shall jointly have jurisdiction of such project. (Lands belonging to owners who have filed with said Board of County Commissioners a consent in writing granting jurisdiction therein, shall not be considered when estimating said three thousand acres,) In all cases where a Board of County Commissioners has under consideration any drainage project which extends into or effects lands that are situated in more than one county, notices of all hearings shall be posted along the route or proposed routes of such drainage in at least three public places in each of the several counties and shall be published in a legal newspaper for two consecutive weeks to be designated by the Board of County Commissioners. In case of an appeal from any decision of a Board of County Commissioners, under the provisions of this Section, the same shall be taken to the Circuit Court of the county in which the drainage proceeding is pending, or in case of an appeal from any joint decision of two or more counties, the same shall be taken to the circuit court of the county in which the appellant's land is situated. All assessments made by the Board of County Commissioners, under the provisions of this Section upon land in other counties shall be paid to the County Treasurer of the county having charge of the drainage; provided, that in case any assessment becomes delinquent, the County Treasurer of the county having charge of the drainage shall certify the amount or amounts so delinquent, to be paid by the owner of each separate tract of land outside of his county, to the County Treasurer of the county

in which the land is situated; and thereafter such County Treasurer shall collect such assessments in the manner provided by this article and shall pay over such collections to the Treasurer of the county having charge of such drainage. All provisions of this article relating to maintenance of drainage, or the levy of maintenance assessments, shall be carried out by the Board of County Commissioners of the county having charge of such drainage. Immediately after the levying of any assments by a Board of County Commissioners in charge of any drainage work in more than one county, the County Auditor shall prepare for and file with each of the counties affected a complete transcript of all the proceedings relating to such drainage, or SO much thereof as has not been previously filed.

Section 9. That Section 8486 of the Revised Code of the State of South Dakota of 1919 be amended to read as follows:

Section 8486. Notices, How Served.] Notice by personal service as of a summons in a civil action, may be given instead of by publication and posting in all cases where notice provided for in this article. In any case where notice is required under the provisions of this article and any person affected by the drainage has not been notified, either by publication or personally, and a hearing has been had or a determination made, such person may be notified personally, or by publication and posting, to show cause at a time and place to be fixed by the Board of County Commissioners, and to make return or claim damages as in case of the original hearing.

Any such omitted person may be brought in on such due notice at any stage of the proceeding, or after it has been otherwise concluded. The enforcement of any assessment shall not be enjoined for want of the notice provided for in this article, except pending an application to the Board of County Commissioners for the determination of such matters as to which any person deems himself not bound because of want of notice.

In any drainage proceedings affecting State, Institutional or School Lands the several notices required by law or given by publication and posting shall also be served upon the Commissioner of School and Public Lands at least ten days prior to the time of hearing. Such service may be had upon such Commissioner, personally by leaving a copy at his office with the person in charge or by registered mail. Approved March 12, 1921.

CHAPTER 195.

(H. B. 227)

RELATING TO DRAINAGE ASSESSMENTS.

AN ACT Entitled, An Act to Amend Section 8471 of the Revised Code of 1919, as Amended by Chapter 46 of the Session Laws of the Special Session of 1920 of the State of South Dakota, Relating to Drainage.

Be It Enacted by the Legislature of the State of South Dakota:

Section 1. That Section 8471 of the Revised Code of 1919, as amended by Chapter 46 of the Session Laws of the Special Session of 1920 of South Dakota, be amended to read as follows:

Section 8471. Assessments Paid in Installments.] The owner of

any tract of land aginst which an assessment for drainage is made, who shall, within thirty days after the making of such assessment, file with the County Auditor an agreement in writing that in consideration of the right to pay his assessment in installments he will not make any objections to the illegality or irregularity of his assessment, if any there be, and will pay the same with interest as fixed by the Board of County Commissioners, shall have the privilege of paying such assessment in ten annual installments, interest payable annually. Assessment certificates shall not issue until after the expiration of the period for filing such agreements with the County Auditor, and when issued for assessments to be payable in installments may be issued in coupon form. The first installment shall be payable within ten days after a certified copy of the assessment has been filed in the office of the County Treasurer, and subsequent installments shall be payable one, two, three, four, five, six, seven, eight and nine years from the date of such assessment, respectively, with interest on the whole sum unpaid payable annually at maturity of the several installments. Such subsequent installments shall become delinquent after the expiration of thirty days from the time the same are payable and thereupon a penalty of five per cent shall attach thereto. Provided, that where bonds shall have been issued for the construction of such drainage, as proveded in Section 8472, such assessments shall be made payable in installments sufficient to meet the payments on the bonds, as the same shall become due.

Assessments may at any time be received and full discharge thereof given by the County Treasurer to any property owner except, however, in case where bonds have been issued such payments of assessments shall not operate as a discharge of the land against which said assessments are levied from its liability in favor of such bonds until the entire principal and interest thereof have been fully paid. Approved February 28, 1921.

CHAPTER 196.

(H. B. 304)

RELATING TO DRAINAGE BONDS.

AN ACT Entitled, An Act to Amend Section 8472 of the South Dakota Revised Code of 1919, as Amended by Chapter 46 of the Session Laws of the Special Session of 1920 of the State of South Dakota, Relating to Drainage.

Be It Enacted by the Legislature of the State of South Dakota:

Section 1. That Section 8472 of the South Dakota Revised Code of 1919, as Amended by Chapter 46 of the Session Laws of the Special Session of 1920 of the State of South Dakota, be, and the same is, hereby amended to read as follows:

Section 8472. Board May Issue Bonds.] If the Board of County Commissioners shall determine that the estimated cost of the proposed improvement is greater than should be levied in a single year upon the lands benefitted it may fix the amount that shall be levied and collected each year and may by resolution provide for the issuance of bonds in an amount not to exceed the amount of unpaid assessment to bear interest at a rate not exceeding seven (7) per cent