85-8-321. Organization, appointments, and preliminary report. (1) Within 10 days after said commissioners shall be appointed and qualified, they shall meet and organize by electing one of their number president and a secretary, who may or may not be one of their number.
     (2) They shall appoint one or more attorneys to assist in the establishment of the district; advise with its officers, agents, and employees; and prepare reports and other necessary documents. The court shall allow such attorney or attorneys just compensation to be taxed in the case.
     (3) They shall also appoint a competent civil and drainage engineer, who may be an individual, a partnership, or a corporation, who may employ assistants and make surveys; and who, with the approval of the court, may employ a consulting engineer or secure expert advice. The expense of the engineer, his assistants, and the consulting engineer shall be taxed as expenses under the petition. As soon thereafter as may be, they shall personally examine the lands in said district and make a preliminary report to the court, which report shall state:
     (a) whether said proposed work is necessary or would be of utility in carrying out the purposes of the petition;
     (b) whether the proposed work would promote the public health;
     (c) whether the proposed work would promote the public welfare;
     (d) whether the total benefits from said proposed work will exceed the cost thereof, together with the damages resulting therefrom, and in arriving at this, they shall include all benefits and all damages resulting therefrom both within and without said district.
     (4) Said commissioners shall in said report fix, as near as may be, and report to the court the boundaries of said proposed drainage district. Said boundaries shall not be changed from those in the petition described so as to deprive the court of jurisdiction by reason of not having on the petition the required number of signers owning land within said changed boundaries.

     History: En. Sec. 27, Ch. 129, L. 1921; re-en. Sec. 7291, R.C.M. 1921; re-en. Sec. 7291, R.C.M. 1935; R.C.M. 1947, 89-2314.