State ex rel. Township of Dry Run v. Board of Assessment of Dry Run Artesian Well

Citations

• 1 S.D. 62
• 45 N.W. 38
• 1890 S.D. LEXIS 9

Syllabus

<p>1. Sections 2090-2140, inclusivo, Corap. Laws, provide for the location establishment, and construction of artesian wells, and theprobate judge is made ex officio artesian well commissioner for his county. Section 2<'97 provides that, -before the commissioner takes any action towards locating or establishing any such well, an application shall be filed with him, signed as therein set forth. Section 211G provides that the proceedings in establishing any such well may be reviewed upon cerliorari, within a time therein limited, and prescribes the practice in that respect; and further declares that, if no certiorari be brought within the time so limited, the well shall be deemed to have been legally established, and its legality shall not thereafter be questioned. Upon an affidavit for writ of certiorari to bring up the record of such well commissioner for review, stating that no application, signed as required -by law, was presented to or filed with the well commissioner, and that he made his order establishing such well, without such application, and it appearing that no certiorari was brought within the time limited as above held, tha.t the establishment of the well must be deemed to be legal, and that certiorari would not lie to review the action of the well commissioner in establishing the same.</p> <p>2. A new law upon the subject of artesian wells took effect July 1, 1889, which provided for the completion of proceedings initiated under the old law, and the further proceedings after the establishment of the well were had under the new law, (Chapter 14, Laws 1889.) Section 14 of this law provides for a board of assessment to apportion and assess the cost of construction of a.ny such well, to be composed of the well commissioner, the chairman of the board of county commissioners, and the county treasurer. Section 18 provides that, if any member of said board is disqualified for causes therein stated, the sheriff shall take the place of such disqualified member,