Whenever any officer or person having charge of any road shall file with the chairman of the township board of supervisors or board of county commissioners having jurisdiction of such road, his affidavit stating:

1. (1) That such road runs into or through any swamp, bog, or meadow, or other lowland;
2. (2) That it is necessary or expedient that a ditch should be opened through land belonging to any person;
3. (3) The probable length of such ditch and the width and depth of the same as near as possible, the point at which it is to commence, its general course, and the point near which it is to terminate;
4. (4) The names of persons owning the land, if known;
5. (5) A description of the land over which such ditch must pass; and
6. (6) That the road at that point cannot be made passable without extraordinary expense unless such ditch is laid out and opened;

it shall be the duty of the chairman of such board immediately to make out a notice and fix therein a time not less than six nor more than sixty days from the date thereof when the board of supervisors or board of county commissioners will meet at the place described in such affidavit and personally examine the premises.

Source: SL 1883, ch 112 , § 87; CL 1887, § 1335; RPolC 1903, § 1740; RC 1919, § 8598; SDC 1939, § 28.1201.