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grant the prayer of such petitioner or petitioners in whole or in part. No district shall be established unless it is shown an outlet for the drainage thereof is within the boundaries of the county in which such district is located. And said board of county commissioners of such county shall enter an order on the records of their office setting forth all facts found by them upon the final hearing of said petition and which may be adduced by them from the evidence heard on the final hearing thereof.

SEC. 4. Upon the entry of the findings on the final hearing of said petition as set forth in the last preceding section, said board of county commissioners of said county, if they find said proposed drainage system will be conducive to the public health, welfare and convenience, and will increase the public revenue and be of special benefit to the majority of the lands included within said boundaries, shall give notice of an election to be held in such proposed drainage district for the purpose of determining whether the same shall be organized under the provisions of this act as a drainage district of the State of Idaho, and for the further purpose of choosing at such election three commissioners who shall be known and designated as "Drainage Commis sioners" for said district proposed to be organized, which said three commissioners shall, upon their election, be the district authorities of said drainage districts; and such notice shall particularly describe the boundaries as established by the board of county commissioners on its final hearing of said petition, and shall state the name of such proposed drainage district and approximately the number of acres of land in said district to be benefited thereby, and the same shall be published for at least two weeks prior to such election in a weekly newspaper printed and published within the county within which said district is located, and in case no such newspaper be printed or published therein, then in some such newspaper of general circulation therein, for two successive issues thereof, and shall be posted for the same period in at least four public places within the boundaries of said proposed district; such notice shall designate the place within the proposed district where the election shall be held, and require the voters to cast ballots which shall contain the words, "Drainage district, yes" or, "Drainage district, no," and also the names of the persons voted for for commissioners of said drainage district. The

board of county commissioners shall also appoint two judges, one inspector and two clerks for such election, whose compensation shall be the same as in other elections for the election of county and State officers and shall be a charge upon said district, in case the same be established, and shall be paid in the same manner as other expenses are paid which are incurred in the establishment and construction of said improvement. In case said district be not established then all costs and expenses shall be collectable from the bond hereinbefore provided for any person having charge against said district shall have a right of action thereon.

SEC. 5.

Such election shall be held on the day designated in such notice, and shall be conducted in accordance with the general election laws of the State of Idaho, and no person shall be entitled to vote at such election unless he shall be a qualified elector of the county in which such district is located, and shall have resided within the limits of such district, as established by the board of county commissioners, for at least thirty days next preceding such election. The board of county commissioners shall meet on the Monday next succeeding such election, and proceed to canvass the votes cast thereat, and if, upon such canvass, it appears that a majority of the votes cast are for drainage district, "yes," the board shall have an order entered upon their minutes and declare such territory duly organized as a drainage district under the name and style of drainage district No...... (here insert number) of........ (here insert name of county) of the State of Idaho, and shall declare the three persons receiving respectively the highest number of votes, to be duly elected as a board of commis sioners of such drainage district. Said board shall cause a copy of said order, duly certified, to be filed in the office of the Secretary of State, and from and after the date of such filing such organization shall be deemed complete, and such board of commissioners so chosen at such election shall be entitled to enter immediately upon the duties of their office, and upon qualifying as county officers are required to qualify, and giving a bond to the State of Idaho for the benefit of said drainage district, for the faithful performance of their duties as such board of drainage commissioners in the penal sum of $5,000. with two or more sureties, to be approved by the board of county commissioners,

and shall hold such office until the next general election for the election of officers in such drainage district, and until their successors are elected and qualified. Each board of commissioners thereafter, which may be constituted either by appointment or election shall enter into a like bond and of like effect before entering upon their duties, which bond shall be approved by the judge of the district court of the county in which said district is located, and shall be filed in said court.

SEC. 6. A general election for the election of a board of drainage commissioners of such district shall be held upon the first Tuesday after the first Monday in December of each year thereafter, and the term of office shall begin the second Monday of the following January, and such election shall be held in accordance with the general election laws of the State of Idaho for the election of county and State officers, and the expenses thereof shall be defrayed by said district, and the judges, clerks and inspectors of said election shall each receive as compensation for the services rendered at such election the sum of $2.00 per day: Provided, That at least thirty days' notice immediately preceding any such general election shall be given thereof by the board of commissioners of such drainage district, by posting the same in four public places within said district. Said notice shall contain the names of two electors of said district as judges of said election and the name of one elector of said district as inspector thereof, the same to be chosen by said board of commissioners. Said board of commissioners shall be a canvassing board to canvass the vote of each election, and they shall meet the day following such election and canvass said votes and declare the result thereof and issue certificates of election.

SEC. 7. All drainage districts organized under the provisions of this act shall have the right of eminent domain, with the power by and through its board of commissioners, to cause to be condemned and appropriated private property for the use of said corporation in the construction and maintenance of a system of drainage, and make just com. pensation therefor: Provided, That the property of private corporations may be subjected to the same rights of eminent domain as that of private individuals: Provided further, That the said board of commissioners shall have

power to acquire by purchase all the real property necessary to make the improvements herein provided for.

SEC. 8. Said board of drainage commissioners hereinbefore provided for shall have the exclusive charge of the construction and maintenance of all drainage systems which may be constructed within the boundaries of said district, and shall be the executive officers thereof, with full power to bind said district by their acts in the performance of their duties as provided by law.

In case of vacancy or vacancies occurring in said board by the death, failure to elect, failure to qualify, resignation or removal of one or more of the members thereof from said district such vacancy or vacancies shall be filled at once from the freeholders and qualified electors of said district by the judge of the district court of said county, and said appointee shall serve the unexpired term or until the next general election: Provided, That in counties where there may be more than one district judge, the judge eldest in age shall make such appointment.

SEC. 9. Whenever it is desired to prosecute the construction of a system of drainage within said district, said district, by and through its board of commissioners, shall file a petition in the district court of the county in which said district is located, setting forth therein the route and termini of said system, with a complete description thereof, together with specifications for its construction, with all necessary plats and plans thereof, together with the estimated cost of such proposed improvement, showing therein the names of the land owners whose lands are to be benefited by such proposed improvement; the number of acres owned by each land owner, and the maximum amount of benefits per acre to be derived by each land owner set forth therein from the construction of said proposed improvements, and that the same will be conducive to the public health, conveni ence and welfare, and increase the value of all of said property for the purpose of public revenue. Said petition shall further set forth the names of the land owners through whose land the right-of-way is desired for said improvement; the amount of land necessary to be taken therefor, and an estimate of the value of said lands so sought to be taken for such right-of-way, and the damages sustained by any person or corporation interested therein, if any, by

reason of such appropriation, irrespective of any benefits to be derived by such land owners by reason of the construction of said improvement, such estimate shall be made, respectively, to each person through whose land said rightof-way is sought to be appropriated. Said petition shall set forth as defendants therein all the persons or corporations to be benefited by said improvement, and all persons or cor porations through whose land the right-of-way is sought to be appropriated, and all persons or corporations having any interest therein, as mortgagee or otherwise, appearing of record, and shall set forth that said proposed system of drainage is necessary to drain all of said lands described in said petition, and that all lands sought to be appropriated for said right-of-way are necessary to be used as a rightof-way in the construction and maintenance of said improvements: Provided, however, That all maps plats, field notes, surveys, plans, specifications, or other data heretofore made, ascertained or prepared under laws heretofore enacted on the subject of this act, may be used under the provisions of this act.

SEC. 10. In the preparation of the facts and data to be inserted in said petition and filed therewith for the purpose of presenting the matter to the district court, the board of commissioners of said drainage district may employ one or more good and competent surveyors and draughtsmen to assist them in compiling data required to be presented to the court with said petition, as hereinbefore provided, and such legal assistance as may be necessary, with full power to bind said district for the compensation of such assistants or employees employed by them, and such services shall be taxed as costs in the suit.

SEC. 11. A summons stating briefly the objects of the petition and containing a description of the land, real estate, premises or property sought to be appropriated, and those which it is claimed to be benefited by such improvements, and stating the court wherein said petition is filed, the date of the filing thereof and when the defendants are required to appear (which shall be ten days exclusive of the day of service, if served within the county in which the petition is pending, and if in any other county then twenty days after such service, and if served by publication, ther within thirty days from the date of the first publication) shall be served on each and every person named therein as

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