The Arizona sentinel., 1893-03-11
c. II. BERKELEY, Clerk of said District Court.

In the District Court Third Judicial District, Coun
 ty of Yuma, Territory of Arizona
 The Village of Yuma, a Municipal Corporation, by it's Mayor and Common Council, Plaintiff, vs. D. B. Humphrey, Defendant.
 Action to condemn rghtof-way for levee.
 The village of Yuma, municipal corporation, organized and existing under the laws of the Territory of Arizona by it's Mayor and Common Council plaintiff in this action complains of D. B. Humphrey, the defendant, and alleges: First.-That plaintiff was organized and is exist ing under the laws of the Territory of Arizona, municipal corporation, and in it's corporate ca pacity is with the grantors, the owners and occu- pants of the townsite of the said village, and as such is empowered to do all necessary acts for the government, improvement and protection of said village and townsite and the inhabitants thereof. Second.-That the residence of D. B. Humphrey 1 the defendant is unlowl to tAis plaintiff.
 Third.-That during the months of February and March, 1891, large part Of the eastern portion of said village limits was destroyed and damaged and the navigation oi tHe Colorado Eivet at sail village was obstructed by a flood iron! rise of the said river and the Gila river, thereby making 1t neces- sary for the improvement of the navigation of said
  ton of the sa1Ae and the protection of said village townsitG from overflow from said Colorado river, that levee be constructed; and for such purpose the Congress of the United States by law appro- priated the sum of ten thousand dollars for the building of a levee inside the corporate limits of said village townsite, provided the said village municipality, procured the right of way for said levee, and caused the said right of way to be con- veyed to the United States for such purpose.
 That the Uunitei States has caused the route of 1 said leve to be surveyed and blue print of the map of said survey, marked exhibit A," is hereto annexed, and made part of this complaint, show ing the location of said evee, the lands sought to be condemned by this action, and the general route of said levee.
 Fourth.-That D. B. Humphrey, as the plaintiff is informed and believes, claims the right title and interest of the south half of lot three block seven l teen village of Yuma Whites Survey, shown on exhibit "A' and which plaintiff in this action seeks to condemn right of way for said leyee, as marked on said exhibit GA"
 That the right of way sought to be condemned through and over said south half of said lot three, block seventeen is about 200 feet in length and about one hundred feet in width, and includes and takes less than an acre of land less; begin ming at the southeast corner of the lot, on the south side of FourIh street and the bank of the slough and running thence along the bank of the slough N 4 degrees, .06 minutes, ". 19060 feet, more or less; thence west 9,5O feet; thence S. 4 degrees, .O3 minutes, 2OO feet more or less thence along Fourth street N. 84 degrees, .O6 min utes 9o50 feet to point of beginning, as shown on the map of survey of sad leyee, marked exhibit | e +coiJ ct iG Of land of defen lant.
 That plaintiff before the bringing Of the action ehIeayoring to ascertain the whereabouts of said defendant in order to secure said right of way, but after making inquiries from parties likely to know of his whereabouts could not find his place of resi- dence.
 That the south half of said lot has little actua value without said levec is constructed, a large DOT oon of the is subject to overflow from th' water of said river, unless protected by the pro posed evee; That when said levee is constructed i will be protected from overflow and greatly en- hanced in value; that said evee is public use, anc that this plaintiff the agent of the Territory il charge of said use.
 Wherefore, by reason of the premises plaintiff prays that summons issue citing the said defend ant to appear before this court and show cause why this application for right of way should not b 3 granted and the said described strip of land con demned for the purpose herein set forth that at th heating hereof the said strip of land sought as right of way by plaintiff, through and across sait south half Of said lot be by the court condemnec for the purpose prayed for in this complaint; tha the court place fair and reasonable value on th same according to the facts and the evidence; tha the court by its judgment fix the price to be pai( defendant by the plaintiff for said right of way and adjudge the costs to the plaintiff and that th court make such other and further orders in thu premises as are agreeable to equity, the facts evi dences and premises considered.
 J. L. VANDERWERKER, Attorney for the Village Of Yuma, Territory 0
 Arizona.
 HERR IToRY OF ARIZONA, sz
 County of Yuma.
 Before me, F. L. Ewing, Notary Public il and for the County of Yuma, Territory of Arizona personally appeared A. Frank, who upon oath says That he is the Mayor of the village Of Yuma. Ter ritory of Arlzona and that the facts stated in th foregoing com 3aint are true; except as to thos matters stated upon information and belief ant those ma ters he believes to be true
 A. FRANK, Mayor.
 Subscribed and sworu to before me the 7th day O March, A. D. 1893.
 F. L. EWING, {; Notary Public, County of Yuma, Territory 0 [Seal. | Arizona.
 Affidavit in the above entitled action for publi cation having been fed in this court it is ordere that the foregoing complaint and summons be put z lishei in the newspaper known as the AR2oN ssNfIEat, published weekly in the 1iH .o au caun.v o' fnra, Ari.cc5 irr the pec.ei r-G-.cd b l l&".