The Greenville times. [volume] (Greenville, Miss.) 1868-1917, 1886-04-17
NO. 80

November Pa 1860, and to repeal section of an Act
entitled Act to efeetually protect public
levees in the Mississippi Levee District amendatory
of the laws pertaining said district, and for other
purposes approved March :, 1sS2, aud for other pur
poses.
Section 1. BE it enacted by the Legislature of the
State of Mississippi That section twentythree aud the
proyiso to section five of Act entitled Act incor
pOrate the Board of Leyee Commissioners for Bolivar
Washington and Isaquena countless and for other pur
poses, approved November 81, 1866 and section seven
of an Act entitled Act to eectualy protect the
public evees in the Mississippi Levee District amendatory
of the laws pertaining said district and for pur
poses approved March T. 1882 be and the
by repealed
sec .. Be it further enacted That the Board of
Mississippi Leyee Commissioners may enter by and with
the of the Board of Levee Commissioners the
YazooMississpp Delta with its president, into parts
of Coaboma county said Board of Mississippi Leyee
Commissioners may deem necessary, and and
maintain such levees therein said Board of Mississippi
Levee Commissioners may deem necessary and proper
protect the lands in the counties Of Bolivar Washington
Issaquena and Sharkey from overflow by the Mississippi
river.
Sec 8. Bel further enacted, That should said Board
of Mississippi Levee Commissioners deem necessary to
enter into Coahoma county for the purpose of construct
ing and maintaining levee evees therein provided
for in section two of this Act and be unable agree with
the land other person interested therein for the
right oway for such leyee evees for the material
necessary to construct maintain said levees then il
shall be lawful for said Board of Levee Commissioners to
condemn said and for the purpose enabling
said Board of Levee Commissioners to condemn said
right way, aud of enabling said Of said land
othor persons interested therein to obtain compensation
for said right Of way and for any damages they may
tain in consequence Of constructing said evee with the
provisions of section seventeen OF Act entitled
to incorporate the Board of Levee Commissioners for
Bolivar Washington and Issaquena counties and for 9TH
purposes, approved November 81 1865 hereby
enacted and made applicable to the proceeding aoresad
Provided, however that the mode of condemnation pro.
vded for by section seventeen shall only apply
demnaton proceedings had in Coahoma county, under the
provisions of this Act and Provided further that If said
Board of Mississippi Levee Commissioners, its duly
authorized agent in such matters any party interested
dissatisfied with the verdict and nquson of the jury,
then the party feeling aggreved may within ten days from
the date of the rendition of said verdict and after ap
peal to the Circuit Court of the county In which the land
or property is situated by filing the office of the Circuit
Clerk OF said county written statement distinctly setting
forth the matters of law or fact both complained of
and thereupon the clerk of said court shall issue
make publication if the opposite party is
resident In other of nonresdents, requiring tho
opposite party to appear at the next term of said Circuit
Court to be held less than ve days after service of
said notice. not less than three weeks after said publ
cation is first made, and answer or demur to said state
ment and at the term of court to which said summons
process of publication is reurnable, the shall
the proper issues of law fact to be made up and upon
such issues and under the instructions Of the court such
appeal shall be tried at that term other tried
and either party may prosecute appeal from said Cir
cut Court the Supreme Court The clerk of the Boad
of Supervisors having the verdict OF the jury hereto
fore provided for by the terms and provisions of said
ton IL shall furnish to any party interested demanding
the certified copy OF said verdict and snch certified
copy shall be competent evidence in any proceeding in
any of this State. In the event of appeal from
the verdict of said jury summoned to damages
provided for in said section IL by either party the treas
urer Of the Board of Mississippi Lcvee Commissioners
may deposit with the Chancery Court Clerk of the county
in which the property is situated the amount Of said
dict for the safe keeping a1d proper disposition of which
said clerk shall be liable on his official bond and upon
finn of marty Ctrpui nj may
make written order requiring such deposit TO be made
with other and In some other place, and upon
such conditions be may prescribe to the safe
keeping o. said deposit and upon said deposit being made
it shall be lawful for said Board of Mississippi Leyee Com
missoners proceed with the construction of said levee
the of said material property 10 the manner
said verdict had been accepted aud the amount there
of paid to the party entitled thereto, and injunction
shall granted by any court to prevent said Board Of
Mississippi Levee Commissioners from building said ieyee
using said material other property aforesaid, nor
shall 1t be in any way hndered, obsrncted or delayed
therein and it, upon final decision of said appeal, said
Board of Mississippi Levee Commissioners shall be re-
quired pay only the amount less than the amount of
said verdict then the party defeated such appeal shall
pay all COSTS buif is decided that said Board OF Misss
sppi Levee Commissioners shall pay than said
Dict then said Board of Mississippi Levee Commissioners
shall forthwith pay such said amount of said
verdict and all COSTS Said Board of Mississippi Levee
Commissioners may any time before proceeding with
the work of constructions or before using any material or
other property refuse to accept said verdict and locate
its levee anew, decline to said material other
property, in its judgment the interests of its district
would be thereby subserved. The remedy hereby pro-
vided for determining the compensation and damages to
be paid for the right way and for the use OF material
and other property for the evees aforesaid may be
sorted to by either said Board of Mississippi Levee Com.
mssoners or any person interested and it shall be
elusive of all other remedies The Jurors provided for in
said section II shall be paid two dollars day for each
of actual service and six cents per mile for each mile
travelled in the performance of their duty, such payments
be made from the treasury of said Board of Mississippi
Levee Commissioners, upon the certificate of the sheriff.
verified By his affidavit For executing the process re-
qued and for recording yerdcts the sheriff aud clerk of
said county of Coahoma shall be entitled the fees
allowed by Law for sammonng uries and recording deeds
respectively be paid by the treasurer Of said Board Of
Mississippi Levee Commissioners said Board Of MsSis-
sipp Levee Commissioners may at all times settle or ceH-
promise by agreement with the owners. OF II
be minors or insane persons or Il the prep
ery belong estate, then with the guardian executor
or administrator the be. all claims Tor GER.
Il fhnc Ia On