The Arizona sentinel., 1893-03-18
c. II. B2IELEY,
Clerk of said District Court

Clerk 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 b. B. Humphrey, Defendant.
 Action to condemn right-of-way for levee. The village of Yuma, a 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 pacty 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 ihe inhabitants thereof. Second.-That the residence of D. B. Humphrey the defendant, is unkown to this plaintiff.
 TTird-That during the months of February and March, 1891, Q large part of the eastern portion of said village limits destroyed and damaged and the navigation of the Colorado River at said village was obstrrcted by flood from rise of the said river and the Gla river, thereby making 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 townsite 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 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- yeyed 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 ,aid 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 leyee.
 Fourth-That Q B. Humphrey, 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 exhibit ''A' and which plaintiff in this action seeks to condemn right of way for said leyee, 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 oi 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, .o6 minutes, ". 19o6o feet, more or less; thence west 99,5o feet; thence s. 4 degrees O3 minutes, E 200 feet more or less; thence along Fourth street N. S4 degrees, .o6 min
 -rl,,z the map of survey of sad levee, marked exhibit GA" That said tract is only small portion of the land of deten liant.
 That plaintiff before the bringing of the action, endeavoriug to ascertain the whereabouts of said defendant in order said right of way, but alter making inquiries from parties likely to know oi 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 large portion of the same is subject to overflow from thl water of said river, unless protected by the pro posed leyce; That when said ieyee is constructed il Will be protected from overflow and greatly en- hanccd in yaiue that said levee is public use, ana that th;s plaintiffs the agent of the Territory il charge of said use.
 ffherefore. by reason of the premises plaintiff prays that @ summons issue citing the said defend ant to appear before this court and show cause wh. this application for a right Of way should not b granted and the said described strip of land con enned for the purpose herein set forth tiat at tn hca.ing hereof She said strip Of land sought as right of way by plaintiff, through and across sai south half Of said lot be by the court condemne for the purpose prayed for in this complaint; tha the court place a fair and reasonable value on tn same according to the facts and the evidence; tha She court by its judgment fix the price to be pail defendant by the plaintiff for said right of way and adjudge She costs to the plaintiff and that tn court make such other and further orders in tn premises agreeable to equity, the facts, evi delces and premis-scoa5i1ered.
 J. L. VANDE3WERKEE, Attorney fer the Village Of Yuma, Territory
 Ar.zcna.
 Tz2RucEY or ARzoSA,
 County of Yuma.
 Before ne, F. L. Ewing, Notary Public i and fer the Com y of Yuma, Territory of Ar zon personally appeared A. Frank, who upon oath say That he is the Mayor os the village of Yuma. Tel rory of Ar-z57a, and that the facts stated in tf foregoing com. laint ar5 true; except as to tho matters stated upon information and belief ar those matters ne believes to be true
 A. FRANK, Mayor.
 Subscribed and sgoru to before m9 the 7th day March, A. D. 1893.
 r. L. EWING, Notary Pa5,ic, County of Yuma, Teiri-ory
 ISoal.l Arizona.
 Affidavit in the above entitled action for pub cation having been f'el in this court it is order that the foregoing complaint and summons be pu Eshed in the newspaper known as the ARHo' SENTINEL, published weekly in the village a rn1ntv of Yuma. AriEoaa. for the pe.ioI rOquireQ