Page:1889 Territory of Dakota Session Laws.djvu/76

Rh § 3. .] At the expiration of twenty days after the filing of such application the said commissioners shall appoint three disinterested persons as viewers who shall without unnecessary delay proceed to personally examine the place where said well is to be located and the course, route and terminus of said proposed waterway, and shall ascertain whether said location of such well and establishment of said waterway is practicable and necessary and beneficial to the public wellfare of the district in which the same is proposed to be located, and shall report the result of such investigations in writing to said well commissioner, having first been duly sworn to faithfully and impartially discharge their duties as such viewers. If any person upon whose land the proposed well is located or through whose land any waterway therefrom may pass, shall have filed any protest against the location of said proposed well and waterway, prior to the appointment of said viewers, they shall assess the damages, if any, which such person may sustain from the location of such well or said water ways through his land, and shall report said damages with the report of their proceedings made as heretofore provided.

§ 4. .] If а majority of the viewers assess and report damages in favor of any person protesting against the location of such well or its water ways, their report shall be presented to the beard of county commissioners of said county, and if said board shall consider the proposed well of sufficient importance to the public they shall order the costs and damages to be paid out of the county treasury; but if a majority report against the claims for damages of such person he shall be liable for the costs of such appraisement.

§ 5. .] If it shall be made to appear to the board of county commissioners that the damages assessed are unreasonable they may set aside such assessment, and in such case the artesian well commissioner may order another appraisement by different persons, under the same regulations as provided in the first appraisement.

§ 6. .] Any person aggrieved by any decision of any board of commissioners had under this chapter may appeal therefrom to the district court, the same as provided relating to highways, bridges and ferries. (Section 29, chapter 29, Political Code, 1217 General Laws.)

§ 7. .] The viewers appointed under the pro- visions of section 3 of this act shall receive the sum of two dollars per day for their services as described in said section, to be paid by the persons who signed the application for said well, who shall be severally liable to pay the same.

§ 8. .] If the viewers make and file a written report with said commissioners recommending said location and route as practicable, necessary and beneficial the commissioners shall cause a survey and measurement of