Page:1889 Territory of Dakota Session Laws.djvu/77

22 the location of said well and the line of the proposed water way to be made by the county surveyor, and a plat thereof shall be filed in the office of the register of deeds of said county, and be subject to public inspection, and shall show the location of the well and the lines and route of the water wav therefrom.

§ 9. .] Upon the filing of the plat and the minutes of naid survey as provided in said section 5, the said commissioner shall make ад order in writing in which he shall declare said well and said water ways therefrom to be located in accordance with said plat and survey; Provided, That in cases where damages have been appraised and assessed, the same shall first be paid to the person entitled thereto, or paid into the county treasury for their use, before such lands shall be actually taken.

§ 10. .] Whenever it is necessary to construct a water way from any artesian well across the right of way or road bed of any railroad company it shall be the duty of the railroad, when notified by the commissioners 80 to do, to make and maintain the necessary opening through said road bed, and to build and maintain a suitable culvert. Notice in writing to make such opening and to construct such culvert may be served on such company as provided in the service of summons, at least thirty days before such railroad company shall become liable.

In case such railroad company shall refuse or neglect to comply with the provisions of this section, it shall be liable to a penalty of ten dollars for each day's refusal or neglect to make such opening and construct such culvert. The district attorney of the county in which such railroad company shall have refused or neglected to comply with the provisions of this section, shall upon complaint being made by the artesian well commissioner bring suit to collect such penalty or fines, and it shall be his duty to prosecute the name to a final determination in any court having competent jurisdiction.

§ 11. .] All that part of such artesian well or artesian well water course, which is laid and constructed within the limits of or across any public highway shall be under the jurisdiction of the overseer of public highways or road supervisors, and it shall be his duty to keep the same open and free from all obstructions, and when any highway is subsequently constructed along or across such artesian well water way then so much thereof as shall come within the limits of such highway shall also be kept open and free from obstructions as above provided.

§ 12. .] In his order locating any well under the provisions of this act the artesian well commissioner shall give the same a name by which it shall be known and recorded.

§ 13. .] After making said order locating said well and the water ways thereof, the artesian well commissioner shall proceed to