The Arizona sentinel., 1893-04-22
(. II. BRINLEY,
Cler1 of said District Court.

in the District Court Third Judicial District, Coun-
 ty of Yuma, Territory of Arizona.
 The Village of Yuma, Municipal Corporation, by its Mayor and Common Council, Plaintiff, vs. D. B. Humphrey, Defendant.
 Action to condemn rgllt-of-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 as municipal corporation, and in its 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 the defendant, is unkown to this plaintiff.
 Third-That during the months of February and March, 1891, large part of the eastern portion of said village limits destroyed and damaged and the navigation of the Colorado River at said village was obstructed by flood from a rise of the said river and the Gila river, thereby mak ng it neces sary for the improvement of the navigation of said Colorado River and the protection of the naviga ton of the same and the protection of said village towzsite 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 leyee 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 Uunited States has caused the route of said leve to be surveyed and a 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 levee 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 teen, village of Yuma Whites Survey, as shown on exhibit "A" and which plaintiff in this action seeks to condemn right of way for said levee 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 POD feet in length and
 
 takes less than an acre of land more or less begin sing at the southeast corner of the lot, on the south side of Fourth street and the bank of the slough and running thence along the bank of the slough N. degrees, .06 minutes, W. 19060 feet, more or less; thence west 99,5o feet; thence S 4 degrees, .O3 minutes, E 200 feet less; thence along Fourth street \. s4 degrees, O6 min utes 99.50feet to point of beginning, as shown on the map of survey of sad leyee, marked exhibit GA" That said tract is only small portion of the land of defen liant.
 That plaintiff before the bringing of the action, endeavOring to ascertain the whereabouts of said defendant in order to secure said right of way but after making inquires 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 actual value without saidlevee is constructed, as large portion of the is subject to overflow from the water of said river, unless protected by the pro- posed levee That when said levee is constructed it will be protected from overflow and greatly en- hanced in vaue that said levee is public use and that this plaintiff the agent of the Territory in charge of said use.
 Wherefore. by reason of the premises plaintiff
 
 ant to appear before this court and show cause why this application for right of way should not be granted and the said described strip of land con- demned for the purpose herein set forth that at the hea ing hereof the said strip of land sought a right of way by plaintiff, through and across said south half of said lot be by the court condemned for the purpose prayed for in this complaint; that he court place fair and reasonable value on the same according to the facts and the evidence that the court by its judgment fix the price to be paid defendant by the plaintiff for said right of way, and adjudge the costs to the plaintiff and that the court make such other and further orders in the premises as agreeable to equity, the facts, eyi dences and premises considered.
 J. L. NANDERWERKER Attorney for the Village of Yuma, Territory of
 Arizona.