70-30-303. Final report and award of commissioners -- procedure on failure to agree. (1) The report of commissioners shall be made on such forms as are provided for their use by authority of the court. The report must be filed within 10 days after the completion of the hearing or within such additional time as allowed by the judge upon a clear showing of necessity and must be filed with the clerk of court. The clerk shall notify the parties interested that the report has been filed, which notice, together with a true copy of the report, must be served upon all the parties interested in the same manner as a summons.
     (2) A concurrence of two commissioners is necessary to the making of a final report or award as to any parcel of property or interest therein. If no two of the commissioners are able to agree as to the amount of any award, they shall report the fact to the judge or court within the time herein specified and the court shall forthwith impanel and appoint new commissioners as herein provided, which commissioners shall proceed as provided herein to determine any award upon which the previous commissioners failed to agree.
     (3) The report of the commissioners shall also state the number of days or portions thereof consumed by the commissioners in performance of their duties as prescribed herein.

     History: En. Sec. 2223, C. Civ. Proc. 1895; re-en. Sec. 7343, Rev. C. 1907; re-en. Sec. 9946, R.C.M. 1921; re-en. Sec. 9946, R.C.M. 1935; amd. Sec. 6, Ch. 234, L. 1961; R.C.M. 1947, 93-9914; amd. Sec. 27, Ch. 115, L. 1979.