The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1897-01-28


WITHIN one mile OF the line OF said ditch
or 70 mis- or their agent or attorney, OF the
'inie ana place when they will assess the
ohe-haif OF the expense incidental to the
construction of the ditch or bitches. speci.
ned In the order Of appointment, which no.
tlce snail be served upon such owner. his
agent or attorney. at least Ave DAYS before
the day named therein. said notice NAV be
served by any person competent 10 testify.
ana duplicate of said notice. together with
the return oil said service, shall he returned
and filed with the report OF the Jury of
viewers II such owner is a non resident OF
the county and has no resident agent or at.
torney therein, the notice shall be given
ny publication in newspaper published In
the county. as notices are required TO be
given to non resident defendants in actions
III the district courts. and said notice shall
be complete after four weeks publication
thereof prior to tho date named for the
meeting OF the jury of view, and at any
time thereafter the jury of viewers may
proceed 10 assess the proportonate part OF
such expense against said non resident land
owner and the land owned by him subject
thereto. The cost of such publication shall
be paid by the county on an order OF the
commissioners court
Sec. IL. Any person whose land may
be affected by such ditch, drain or water
course. or any citizen OF the county, 81 all
"a" W Nh' iiSiil ~ dpHell ptlOlt the COlil-
nissioners court on the hearing of the Pc
titlon for the establishment of the drain
age system and shall have tho right to he
heard upon their protest, demonstrations
and objections thereto but the action Of
The court thereon shall be final, and I.
case the court shall refuse to adopt the
drainage system provided for herein no APP
plicatiou therefor shall he filed Or heard
by said court for one year thereafter.
sec. II. ANY whose lnnl
be affected by such ditch drain or water
course shall have the right to appear be-
fore said viewers and freely express their
opinions on all matters pertaining 30 the
assessment of expense against them. and
the owner Of such lands may at the time
stated in such notice. or previously thereto.
present TO the jury statement In writing
OF any objections or dissatisfaction there
with, and any claim for damages which
he may have sustained by reason of the
making Of the said often or drain and any
failure to make such objection or claita for
damages or compensation in writing az
herein specified shall be deemed waiver
Of all claim or right thereto. all of which
said claim or objection shall be returned ia
the commissioners court in connection with
the report OF the viewers provided that
any adjacent land owners shall have the
right 10 appear before then and he heard
before the commissioners cour, on his pro-
test or remonstrance or claim against tho
az, 'ph ~, 'he NrN OF viewers
sec 10. ANY person. trm or corpora
t'oh asslleNtu ny me assesshent "l eN
pehse ior construction oil any dltch 81
ditches by the jury of Wow. or any person
firm or corporation agrriovcd by The as
sessnent of damages or compensation al
lowed by the jury for land taken or applied
7 !" tue cons. uc'ioh vi any Ia'Vrai spur VI
prahoh ultcn' may appeal from the liuh
oruer oi Tue commissioners court approx
ing the report OIL said Jury 10 any couTl
Wi'hih 'he county having jurisdiction o'
I me amount oil such assessment ny GYMS
lollce OF appeal III open court ana haVlnt
Tue same entered as part OF the luuEtnen
OF inc court ana by illlhs "lVhlh Ten uaE'
.hercdltef Il transcript VI tuo p'ov'e''n
/ mao III 'he commissioners court WIN th'
lustlce or clerk OF inc court 10 "nl.h ap
! lta, Is 'nhen' .oRetn'r WIN an "Ppeii poh'
WIN az !eas' ,"o soop sureties' to w "p
proved ny such CLERK or Justice IN doupi'
lhc amount Oh Tue piophplc eosts 10 accrue
cohdi.iohed mat the appeiia., WIN prose
cue ms "ppeai 10 e'iec, anu Pay an cose
.nat may DC anJ1useu ateiis. hliti III sdi'
'"urt' anu 'he aPfea, 10 tNhen ''"in ~
assessment OF expense ieFieo ny me lu''
OF viewers against appoiiat, tne saiu appod
Snhli ne nVeIu upon Tue 'oi"N'he i9'"c' ~
VIII; Nhetnei 'he asseSsnien.s maui It
! - M, -, L., ,.,s,.a-,ia, -, ~, L,,of,,
sIch ditch are IN proportion TO Inc benefit
10 De deriVeh 'here,rnm'
Ana II the appeal Is taken rom an as
assessment OF compensation maze oy ,he JUL
| OF viewers IN favor Oh appellant 'or IAN,
taken OF appileu 10 t'ie constr ctlo' ui suVi
altch or any portion Oh me SAINT ne san
| appear shaii ne nVaru upon t"e lo'io" M
issue to-Wlt; hether me assessh"n
/ OF compensation as lllaut ny we Jury J
/ adequate 10 me INJURY occaslohea anu u
the Vaiue oil ,he iahu'
sec ~, III thc t!ai ol an cases 81
/ Appeared from the oruer oil 'he 'oih'n'S
sloners court Inc nurueh OF PROOF shai
rest upon me appeilhht ana the couI. o
| Jury Trying the cause shal sta'e tho co,,ec
amount oil expense chars'apie 10 appc'iah
! or the correct ahlouh' Oh compensation uu
to anpeilahl as iouhI by thenl, ana IN
same shaii ne entered as inc Juusmeht
the court thereon ana rom such ludsiieh
no ihr'her appear snaii ue alIoweu 10 el'ne
party. Withih I'VE aays aiter 'he eu'ry
such Junsihe!t the oi,.h VI Justiou N n"'
issue ana return 10 Tue commissioner
/ court certified copy oil suSn Juusl,'en
10 De Illeu WIN inc papers pNN'hiih'S