The Daily clarion. [volume] (Jackson, Miss.) 1866-1888, 1884-03-01

I
the location, construction and maintain
ing of the line of levees provided for in
this act; and said board shall have tn,
right to cut and remove trees, timber
and other material tina, might by falling
or otherwise cucumber or endanger said
levees or any part thereof, And in case
the owners OF such lands or premises
cannot agree with said Board Of I.eve,
Commissioners MS 10 the value OF the
premises taken or to be taken for the
use of said board for the purpose oI
locating, constructing or maintaining IL:
line of levees thereon, the value thereof
shall be determined by the appraisal Of
three disintereSted commissioners who
shall be frcoholdcrs, who may be ap
pointed upon the application ia writing
of either party 10 the clerk Of the chan.
Gerry court Of the county in which said
land is situated, and said clerk
shall forthwith issue an order to
the sheriff of such county, com
manding him instantly 70 summon
three uisiutercsted commissioners who
shall be ireeholders to 90 upon and view
the premises ana inquire OF the DANA
ges sustained and the compensation such
land owners or other person interested
is entitled to receive, The commission
ers summoned shall have five days notice
Of the time and place Of meeting, and
shall be sworn by the sheriff Justly and
truly to try the value of the property
and the damages sustained by the owner
of said land or other person interested,
and the said commissioners shall render
their verdict and inquisition in writing,
which shall be returned by the sheriff to
the clerk who issued the writ. Upon
return to said clerk of such appraise-
ment, and upon the payment into his
hands of the estimated value of said
premises taken and the damages assessed,
for the use aud benefit of the owners
thereof, said premises shall be ordered
to be taken by said Board of Levee
Commissioners, which shall thereupon
acquire lull title to the same for the
purposes aforesaid. Either party feel.
ing aggrieved atsuch appraisement may,
within thirty days after the same has
been returned to said clerk, file an ap-
peal therefrom TO the next term of the
chaneery court of said county, and de.
mand jury of twelve men who shall be
freeholders to estimate the damages sus.
tanned, but such appeal shall not inter.
fere with the right of said board to enter
upon the premises taken, or to do any
act necessary or proper In the location
and construction OF its line of levees
and the party appealing shall give bond
with sufficient security for the payment
of cost that may arise from said appeal.
And in case the party appealing dses not
obtain verdict increasing or diminish
ing, as the case may be, the award of the
commissioners, such party shall pay the
whole cost incurred by the appellee, as
well as his own, and the payment into
the court where the case is tried, or into
the hands Of the clerk thereof, for the
use of the owner of the premises taken,
of sum equal to that finally awarded
shall be held to vest in said board the
title of said land, and the right to use
and occupy the same for the location,
construction aud maintenance Of its line
Of levees, and in case any Of the lands
to be taken as aforesaid, shall be held
by an infant, non coHlp0s or insane per.
son or persons, residing without the
State, or persons subjected to any legal
disability, the court in term time or the
clerk in vacatiOE may appoint guardian
for such party to appear in proper per
son, who shall give bond for the faith.
full execution OF his trust, and who shall
represent the person disqualified or re-
siding out of the State az aforesaid at
and when the proceedings shall be had
in reference to the appraisement Of the
premises TO be taken for the use Of said
board, and with the same effect az has al.
ready been described, and the title of the
board to said lands taken by this act
shall not be affected or impaired by
reason of any failure of any guardian
faithfully 20 discharge his trust. And
in case any party shall have right or
claim to any land for term of years.
or any interest therein in possession, re-
mainder or reyersion, or as a mortgagee.
trustee or cestiu que trust, the value of
any such estate less than feesimple.
and OF all interest therein, shall be esti.
mated and determined in the manner
heretofore set forth. And in case Il
shall be necessary 70 enter on any lands
unoccupied, and Of which there is no
apparent owner or claimant, said board
may proceed 10 take and use the same
for the purpose of erecting and main.
taining its line of levees, as aforesaid
and may institute proceedings in the
manner prescribed, for the purpose Of
ascertaining the value and acquiring the
title to the same, and the court in term
time, or The clerk in vacation NAV. in
its discretion appoint an agent or guar
dian TO represent such owner or owners
in case of his or her incapacity or non.
appearance; but in case no claimant
shall appear within six years from the
time Of the location and construction of
a levee across any such land all claims
TO damages against said board shall be
barred and when any land to be taken
for the purpose aforesaid shall belong TO
any infant, non compos, or insane person
having a resident general guardian, such
guardian may agree with said board
cpon the amount Of damages to be paid
for taking such lands and release 10
said board his claim or right to dam.
ages in the premises. Upon fling Of any
such application for the condemnation
Of lands as aforesaid, on the part Of the
said Leyee Board, the clerk Of the chan,
Gerry court where such lands lie is hereby
required 70 issue notice to the owner OF
owners thereof, which notice the sheriff
Of said county is required regularly Il