Sec. 4322

DRAINS

If the county drain commissioner is unable to obtain a release of right of way through the lands through which a proposed drain is to pass, he shall make application to the probate court of the county in which such lands are situated for the appointment of three disinterested special commissioners, who shall be resident freeholders of the county, but not of the township or townships traversed by such drain, to determine the necessity therefor and the taking of private property for the use and benefit of the public for the purpose thereof and the just compensation to be made therefor.

Sec. 4323

The court, upon receiving the application, shall examine the proceedings and if found to be in accordance with the statute, shall appoint a time and place of hearing upon the application and shall issue a citation to all persons who have not released the right of way, and damages on account thereof, to appear and show cause why the application should not be granted.

Sec. 4325

On the day fixed for hearing, the court shall hear all persons whose lands are traversed by said proposed drain, and such persons may show cause against the prayer set forth in the application and may disprove any of the facts alleged therein, except the necessity of the drain, and may raise objections to any errors or irregularities made in the proceedings. If no sufficient cause be shown, the court will appoint three special commissioners to ascertain and determine the necessity of said drain and to appraise and determine the damages or compensation to be allowed to the owners or parties interested in the real estate proposed to be taken. The court shall, at the same time, with the concurrence of the drain commissioner, appoint a time and place when said special commissioners shall meet, which time shall not be less than five nor more than fifteen days thereafter.

Any person whose premises are traversed by said drain

may demand and have a jury of twelve persons to act in place of the said special commissioners.

Sec. 4327

The special commissioners, or jury, shall hear the proofs and allegations of the parties, and shall ascertain and determine the necessity for said drain and the taking of private property therefor, and the compensation to be made therefor in each case. The special commissioners make a return of their proceedings to the drain commissioner and the jury, in case one is called, to the judge of probate.

Sec. 4328

In case the commissioners, or jury, shall determine that the drain is necessary, they shall determine the damages awarded, and their return shall be deemed a sufficient conveyance of the land necessary to be taken for such drain, provided that the damages awarded therefor are paid or tendered as provided by the statute.

Sec. 4329

If the special commissioners, or jury, shall determine the drain to be unnecessary, they shall so state in their return and the drain commissioner shall thereupon dismiss the proceedings at the cost of the applicants, and no further application for the same object will be entertained within one year thereafter.

PROBATE COURT RULES

Rule I

Papers and the Filing Thereof

All petitions, motions, inventories, reports, accounts and other papers in any matter or proceedings shall be fairly and legibly written in ink or printed, and have endorsed thereon the title of the matter or proceedings in which they are filed, and the character of the paper and the name of the attorney, if any, appearing for the person filing the same; and if not so written or printed and endorsed the judge or register shall refuse to receive and file the same. The judge, register or clerk shall indorse on all the papers filed in the court the date of their delivery to him.

The appearance of an attorney shall be made in writing and filed in the cause in which he appears, unless such appearance is made upon the filing of an original petition upon which his name is indorsed.

Rule III

Petitions to the Court

All petitions to the court, except nominations of guardians by minors, shall be duly verified by the person making the same and shall state the facts with common certainty, which show the jurisdiction of the court and the interest of the petitioner and his right to apply to the court. All petitions for any order or relief, or to institute any proceedings in the court, when such facts do not already appear of record in the case, shall state whether any person under the age of twenty-one years, or otherwise

incapable of prosecuting or defending for himself, has any interest in the subject matter thereof, which may be affected by the order thereon, and the name, age and residence of such minor or other person, when known to the petitioner, and the name of his guardian, if any has been appointed.

Rule IV

Appointment of Executors and Administrators

A petition for the probate of a will or for administration. shall state the name and residence of the widow and heirs-at-law of the deceased, who, if any, are minors or otherwise under disability, and the names and residences of their guardians, if any, in this state, so far as known to the petitioner, or can with reasonable diligence be ascertained.

Rule V

Appointment of Guardians

SECTION I. Minors-A petition for the appointment of a guardian for a minor, shall state the residence and age of said minor, the value and character of his property, and, if not made by a parent of such minor, shall state the name and residence of such parent, or, if neither parent is living, of the next of kin of such minor. When a petition is made by any person other than a parent for the appointment of a guardian for any minor who has a parent or parents who can be found within the jurisdiction of the court, the court shall require at least five days' notice to be given to such parent or parents of the time and place when and where the court will hear such petition, unless said parent or parents shall appear and consent, or shall have consented in writing to such appointment.

SEC. 2. Incompetent or Insane Persons and Spendthrifts. A petition for the appointment of a guardian for a mentally incompetent person or for an insane person or for a spendthrift shall set forth the grounds of

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such application, the names and places of residence of the nearest relatives and presumptive heirs-at-law of such alleged mentally incompetent or insane person or spendthrift. When such application shall be filed the court shall thereupon fix a day of hearing thereon and cause notice thereof to be given to the said alleged mentally incompetent or insane person or spendthrift and to his nearest relatives and presumptive heirs-at-law. Such notice shall be served personally upon the said alleged mentally incompetent or insane person or spendthrift, and upon such of his nearest relatives and presumptive heirs-at-law as reside within the county in which said court is held, at least fourteen days before the day set for hearing. Such notice may be served upon such of the nearest relatives and presumptive heirs-at-law as reside outside of said. county by publication for three successive weeks prior to said day of hearing, or by depositing the same in the postoffice in an envelope addressed to such nearest relatives and heirs-at-law at their last known postoffice address.. Such envelope shall be duly registered and the time of service shall be increased one day for every hundred miles or fraction thereof between the place of deposit and the place of address.

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Rule VI

Sureties on Bonds

The individual sureties upon the bonds of executors, administrators, trustees or guardians must be residents of this state. They shall justify as to their responsibility when required to do so by the court.

When a special license has been granted to sell personal property at public auction or private sale the executor, administrator or guardian making such sale shall within ten days thereafter make and file a duly verified report thereof with the court granting the order for such sale.