Court control and compensation of commissioners

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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.


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