11-21-21 - Allotment of shares by ballot.
§ 11-21-21. Allotment of shares by ballot.
The special commissioners, if the same have not been done by the surveyor, shall make a plat of land to be divided; shall make true field notes, specifying the metes and bounds of the several shares, and of each parcel of each share which contains more than one parcel; and the several shares and parcels of shares shall be distinctly designated on the plat and numbered from one progressively, and the same number shall designate the several parcels of one share; and they shall allot the several shares in the following manner: The special commissioners shall publicly number as many tickets as there are shares marked on the plat, and put the tickets into a hat or box, and the names of the persons entitled to shares shall be written on separate tickets and put into another hat or box, when a person appointed for that purpose by the special commissioners shall proceed to draw a ticket of those containing the names, and then a ticket of the numbers, and so proceed until the whole are drawn; and the number which shall be drawn to the name of any cotenant shall be his separate share in the land so divided. The special commissioners shall make certificate of the balloting, signed by them, specifying the time, place and manner thereof, and the allotment of shares.
Sources: Codes, Hutchinson's 1848, ch. 42, art. 2(6); 1857, ch. 36, art. 54; 1871, § 1824; 1880, § 2534; 1892, § 3106; 1906, § 3530; Hemingway's 1917, § 2842; 1930, § 2929; 1942, § 970; Laws, 1958, ch. 250.