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commissioners. The commissioners were required to give notice to the owners of trees or premises infested with moths and other injurious insects or larvæ, and require the disinfection of such trees and premises, and declared that any one failing to comply with such notice was guilty of maintaining a public nuisance, and the expense of prosecution was declared a lien upon the premises affected. Sections 1, 2, 3, 4, 5, 6, 8, 9, of that act were amended, and section 7 repealed, and a repealing clause numbered section 9 was added, by act of March 19, 1889. [Stats. p. 413.) The amended act provided for a petition by twentyfive instead of five persons. Local inspectors were to be employed by the county commissioners, and the duties and powers of commissioners were more specifically defined. By act of March 31, 1891 [Stats. p. 260], the supervisors were authorized to appoint any number less than three commissioners, and by act of same date [Stats. p. 268), the act of 1881 was further amended and a provision inserted with reference to places and trees belonging to non-residents or persons who could not be found, and infested by injurious insects, and making it the duty of the coinmissioners to disinfect the property and destroy such insects, and to abate such nuieances in a summary manner.

County commissioners were required by section 17 of the act of February 12, 1889 [Stats. pp. 10 and 91), to make quarterly reports in writing to the state board of horticulture.


than swamp

An act to provide for the organization and gov

ernment of drainage districts, for the drainage of agricultural lands other than and overflowed lands.

[Approved March 31, 1897.] SECTION 1. Whenever fifty, or a majority of the holders of title, or evidence of title as herein provided, to agricultural lands other than lands known as swamp and overflowed lands, which are susceptible of one general mode of drainage by the same system of works, desire to provide for the drainage of such lands, they may propose the organization of a drainage district under the provisions of this act, and when so organized such district shall have the powers, rights, and duties conferred, or which may be conferred by law, upon such drainage districts. The equalized county assessment roll next preceding the presentation of a petition for the organization of a drainage district under the provisions of this act, shall be siitficient evidence of title for the purposes of this act; provided, that no person who has received or acquired title to land within such proposed district for the purpose of enabling him or her to join in such petition or to become an elector of said district, shall be allowed to sign such petition or to vote at any election to be held in such district under the provisions of this act. Such illegal signing, however, shall not invalidate such petition when there shall be found a sufficient number of other legal petitioners,

SEC. 2. A petition shall first be presented to the board of supervisors of the county in which the lands, or the greatest portion thereof, are situated, signed by the required number of the holders of title or evidences as above provided of title of such proposed district, which petition shall set forth and particularly describe the proposed boundaries of such district, and shall pray that the same be organized under the provisions of this act. The petitioners must accompany the petition with a good and sufficient bond, to be approved by the said board of supervisors, in double the amount of the probable cost of organizing such district, conditioned that the obligors will pay all the cost in case such an organization shall not be effected. The petition shall be presented at a regular meeting of the said board of supervisors, and shall have been published for at least two weeks before such presentation in some newspaper printed and published in the county where the petition is presented, together with a notice stating the date of the meeting of said board at which the petition will be presented; and if any portion of the proposed district lies within another county, or counties, then said petition and notice shall be likewise published in a newspaper printed and published in each of such counties.

SEC. 3. When such petition is presented, the board of supervisors shall hear the same, and may adjourn such hearing from time to time, not exceeding four weeks in all, and on the final hearing may make such changes in the proposed boundaries as they may find to be proper, and shall define and establish such boundaries; provided, that said board shall not modify said boundaries so as to except from the operation of shis act any territory within the boundaries of the proposed district which is susceptible of drainage by the same system of works applicable to the other lands in such proposed district; nor shall any land which will not, in the judgment of said board, be benefited by drainage by such system, be subjected to the operation of this act; provided, that any person whose lands are susceptible of drainage by the same system of works, may, in the discretion of the board, upon

application of the owner, have such lands included in such district. Said board shall, when requested in the petition by its order, divide such district into three or more divisions, as nearly equal in size as practicable, which divisions shall be numbered consecutively, and one director and one assessment commissioner, each of whom shall be an elector and a resident freeholder of the division, shall be elected by each division; provided, that when requested in the petition, three directors and three assessment commissioners, residents, electors, and freeholders of the district, shall be elected at large by the qualified electors of the district. Said board of supervisors shall then establish a convenient number of election precincts for said proposed district, define the boundaries thereof, and designate the polling places therein, which precincts and polling places may thereafter be changed by the board of directors. The board of supervisors shall also appoint for each precinct, from the electors thereof, one inspector and two judges, who shall constitute a board of election for such precinct, with the powers and duties hereinafter prescribed for like boards in subsequent elections. Said board of supervisors shall then give notice of an election to be held in such proposed district, for the purpose of determining whether or not the same shall be organized under the provisions of this act. Such notice shall designate a name for such proposed district, and describe the boundaries thereof and the boundaries of the precincts established therein, together with a designation of the polling place and board of election for each precinct; and shall require the electors of the proposed district to cast ballots which shall contain the words “Drainage District-Yes, or “Drainage District-No,” or words equivalent thereto, and also the names of one or more persons (according to the divisions of the proposed district as prayed for in the petition and ordered by the board), to be voted for to fill the office of director, and one or more persons to fill the office of assessment commissioner. Such notice shall be published for at least three weeks prior to such election in a newspaper within said county; and if any portion of such proposed district lie within another county or counties, said notice shall also be similarly published in a newspaper published within each of said counties. No person shall be entitled to vote at any election held under the provisions of this act unless he shall possess all the qualifications required of electors under the general election laws of this state: provided, that any person owning land within such district, wherever resident in this state, shall be entitled to vote at any election held in such district under the provisions of this act. Except as herein provided, such election shall be conducted, as nearly as practicable, in accordance with the general election laws of this state; provided, that no particular form of ballot shall be required.

SEC. 4. The said board of supervisors shall, on the first Monday succeeding such election, if then in session, or at its next succeeding general or special session, proceed to canvass the votes cast thereat, and if, upon such canvass, it appear that at least two-thirds of all the votes cast are “Drainage District-Yes, the board shall, by an order entered in its minutes, declare such territory duly organized as a drainage district, under the name theretofore designated, and shall declare the persons receiving, respectively, the highest number of votes for directors and assessment commissioners, to be duly elected to such offices. And no action shall be commenced, or maintained, or defense made, affecting the validity of the organization of such district, unless the same shall have been commenced or made within two years after the making and entering of said order. Said board shall cause a copy of such order, duly certified, to be immediately filed for record in the office of county recorder of each county in which any portion of such lands are situated, and must also immediately forward a like copy thereof to the clerk of the board of supervisors of each of the counties in which any portion of the district may lie; and no board of supervisors of

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