85-8-307. Vacancies. If a vacancy occurs in the board of commissioners, the remaining members of the board shall elect some qualified elector to fill such vacancy, and the person so elected shall hold such office for the unexpired term and until his successor is elected and qualified. The person so appointed must be appointed as a commissioner for the division in which such vacancy exists. In the event there is a vacancy or vacancies in the board of commissioners by reason of no appointment being made, due to the failure of the remaining members of the board to act or on account of no election being held, then, in that event, the judge of the court having jurisdiction over said drainage district shall, upon the receipt of a petition signed by 10% of the resident owners of land in said district, appoint to such vacancy or vacancies such person as the aforesaid petition may designate.

     History: En. Sec. 20, Ch. 129, L. 1921; re-en. Sec. 7284, R.C.M. 1921; amd. Sec. 5, Ch. 50, L. 1925; amd. Sec. 1, Ch. 169, L. 1929; re-en. Sec. 7284, R.C.M. 1935; R.C.M. 1947, 89-2307.