85-8-314. Court control and compensation of commissioners. (1) The commissioners must receive for their services compensation that the court or presiding judge may determine. They must also receive their actual reasonable expenses. They are at all times under the control or direction of the court or presiding judge and shall obey the court's or judge's directions, and for failure to do so, they shall forfeit their compensation and be dealt with summarily as for contempt. Suit may also be brought upon their bonds, in the name of the clerk of the court, and the amount recovered must be applied to the construction of the work or to the party injured as justice may require.
(2) The court may at any time require the commissioners to make a report on any matter or matters connected with their duties as commissioners and after hearing may remove from office any or all of the commissioners for neglect of duty, for malfeasance in office, or for other good cause. The court may at any time require the commissioners to give new bonds to the clerk of court and may fix the amount of the bonds. The bonds must be submitted to the court or the presiding judge for approval.
History: (1)En. Secs. 24, 25, 26, Ch. 129, L. 1921; re-en. Secs. 7288, 7289, 7290, R.C.M. 1921; re-en. Secs. 7288, 7289, 7290, R.C.M. 1935; Secs. 89-2311, 89-2312, 89-2313, R.C.M. 1947; (2)En. Sec. 92, Ch. 129, L. 1921; re-en. Sec. 7356, R.C.M. 1921; re-en. Sec. 7356, R.C.M. 1935; Sec. 89-2812, R.C.M. 1947; R.C.M. 1947, 89-2311, 89-2312, 89-2313, 89-2812; amd. Sec. 2809, Ch. 56, L. 2009.
Structure Montana Code Annotated
Part 3. Organization and Operation
85-8-301. Term of commissioners at creation of district
85-8-302. Election of commissioners -- regular term of office
85-8-305. Qualifications of electors
85-8-306. Commissioner candidate filing
85-8-308. Oath and bond of commissioners -- quorum
85-8-309. and 85-8-310 reserved
85-8-313. Annual report of commissioners
85-8-314. Court control and compensation of commissioners
85-8-315. Presumption of regularity of commissioners' acts
85-8-316. through 85-8-320 reserved
85-8-321. Organization, appointments, and preliminary report
85-8-322. Adoption of feasible plan
85-8-323. Hearing and notice on preliminary report
85-8-324. Adjournment of hearing or trial of issues
85-8-325. Remonstrance by interested parties
85-8-326. Service of owners of added lands
85-8-327. Procedure at court hearing and order
85-8-328. Corporate nature of drainage district
85-8-329. Necessity of preliminary proceedings
85-8-330. through 85-8-340 reserved
85-8-341. Preparation of report -- contents
85-8-342. Apportionment of costs
85-8-343. Commissioners to use most feasible plan
85-8-344. Alteration of boundaries
85-8-345. Notice of hearing of report
85-8-346. Modification of report
85-8-347. Confirmation of report -- appeals
85-8-348. Modification of court order
85-8-350. Judgment on dismissal of proceedings -- assessment of costs
85-8-351. Statement of costs before entry of judgment
85-8-352. Contribution among petitioners
85-8-353. through 85-8-360 reserved
85-8-362. Interest of commissioners in contracts forbidden
85-8-363. Commissioners' right of entry
85-8-364. Payment or tender of damages
85-8-366. Drains on railroad lands