85-8-121. Court determination. (1) If the court or presiding judge thereof, after hearing any and all competent evidence that may be offered for and against the petition, shall find that the same has not been signed as herein required, the petition shall be dismissed at the cost of the petitioners and judgment shall be entered against said petitioners for the amount of said costs.
     (2) If it shall appear that the petition has been so signed, the court or judge shall so find and order any necessary amendments thereto; shall divide the district into three divisions, as nearly equal in area as possible; and shall appoint three suitable and competent persons as commissioners and fix their temporary bonds. In making such appointments one commissioner shall be appointed from each division, and each person so appointed a commissioner must be an actual landowner and resident of the county or counties in the division for which he is appointed such commissioner. If the district is situated in two or more counties, not more than two of said commissioners shall reside in one of said counties. Ownership of land within the district shall not disqualify a person from acting as a commissioner.

     History: (1)En. Sec. 15, Ch. 129, L. 1921; re-en. Sec. 7279, R.C.M. 1921; re-en. Sec. 7279, R.C.M. 1935; Sec. 89-2216, R.C.M. 1947; (2)En. Sec. 16, Ch. 129, L. 1921; re-en. Sec. 7280, R.C.M. 1921; amd. Sec. 1, Ch. 50, L. 1925; re-en. Sec. 7280, R.C.M. 1935; Sec. 89-2217, R.C.M. 1947; R.C.M. 1947, 89-2216, 89-2217(part).