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

from CONSTRUCTING one or more dltchos at
the same time as the financial condition
of the county Will permit.
Sec. Z. The surveyor shall as soon as |
practicable after his employment proceed
to make ain accurate survey and system OF
levels as provided for In section of this
act. and shall cause stakes or monuments
to be placed along said line at intervals cf
100 feet, together with such inferno date
stakes as may be necessary numbered pro-
gorssively and shall establish permanent
bench marks along said lines at intervals
of one milo or less as may be necessary
and shall establish by stake or monument
Of different character and appearance
from all other stakes or monuments the
highest points upon said road between each
Of the natural waterways crossed by the
road. said surveyor shall also measure and
establish by suitable marks the frontage
Of each tract of land abuttiug ON said road:
and il there be = natural waterway ada
cent to the line of said road and ditch and
the same is necessary to be utilized as an
outlet for tlie water a. any point on said
ditch the surveyor shall measure tho dis
lance to same and number the line OF levels
thereto at the nearest practicable point on
said road aud ditch. He shall prepare
map showing tho location of said ditch or
bitches. together with the position of
stakes or monuments with numbers cor.
responding with those on the ground and
the position of bench marks with their ele-
vations referred to on assumed or pre-
viously determined datum. said map shall
also show the lines and boundaries os ad-
iacent land and the course and distance of
any adjacent watercourse. together with
profile OF the line of the ditch. which shall
shCw the assumed datum and the grade
line of the bottom of the same and the elc-
walton Of each stake or monument or other
important feature along the line such rs
top of bank and bottom OF ali bitches or
water course aud surface Of water top of
rail and bottom OF tie foot Of emhankment
bottom of borrow pits of all railroads And
said map or the explanation accompanying
the same shall in tabular form give the
depth of cut. width ut bottom and width
at top at the source outlet and at each 100
feet stake or monument to said ditch drain
or water course. Said map or the cxpanq.
tion accompanying the same shall show the
total number Of cubic yards OF earth TO
be cxcavated and removed from said ditch
between each natural waterway Into which
tho water Is to be conveyed. and an estl-
mate of the cost of each portion of the said
ditch or bitches lying between natural
waterways crossed by said road together
with an estimate of total cost OF the whole
work. Tho surveyor shall as soon as the
survey IS completed prepare and file tn.
gethe' with his report and map as herein
provided for. Specifications In detail for
the execution OF the same and whenever
In the opinion of The surveyor 1t may hs
advantageous to run said ditch under
ground through drainage tiles, he shall 50
state in said report. map and specifications,
together with the statement of the locality
of said underground ditch and length
thereof and the dimension or character OF
thing or other material required therefor,
The survey, report, map, explanation and
estimate herein provided for shall be made
and filed with the county clerk OF the
county by tho surveyor as soon after his
! ,I.,...
In view an acc.-ato and complete report
upon the physical conditions to be met in
the construction Of the said ditch or
bitches.
Sec. S. At any regular or called scs-
| sion of the commissioners court after the
| filing of the report map explanation. speci
| tications and estimate Of the surveyor pro-
| vided for in section OF this act the court
shall appoint jury Of five frecholdcrs of
| the county. not interested directly in the
| construction Of the proposed work Il land
| owner adjacent to or nhuttiYg on said ditch
| or bitches, and not of kin to any Of the
parties so directly Interested therein who
| shall constitute a jury OF viewers who shall
meet at a time and pln 20 10 he specified by
the said court in the order appointing them,
and 1t shall be tn" duty Of the county clerk
| thercupon to issue to the said viewers a
| certified copy Of the petition and order of
! the court together with the original report
| map, explanation. specifications and cs-.-
mate of the surveyor. AMI If srid jury OF
| viewers shall fail or refuse from any cause
| TO perform the duties required under such
| appointment, or II their report from any
cause should not be- adopted tile court may,
at any succeeding term. appoint another
| jury of viewers whose appointment and
| duties shall be the came ms required in
the first instance. The jury of viewers shall
proceed ri the inc and place specified in
~ 81
after having given notice to each abutting
land owner and owner Of land within one
mile of said ditch, MS hereinafter provided
| and after Viewing the line of the proposed
ditch and after hearing all protests claims
and remorstrances offered, they shall take
the several partial estimates aud the csti-
mate of the total cost of the work as made
by the surveyor as basis, and they shall
set apart and apportion to each parcel OF
land abuttinC on said road and ditch or
| within one mile Of the saue. and TO each
person, firm or corporation owning the
same the propoT,icnate share chargeahle
to such tract of one the half of the total
cost of the said ditch, irain aud water
lcOurse, taking into consideration the rela-
tive amount Of benefit derived by said land
from the construction thereof. and they
shall assess the amount OF damages or com.
pensation due to each land owner through
whose land any spur, sranch or !ntera
ditch is or may be constructed, under the
order of appointment, which sum shall be
paid by the county before the opening OF
such ditch is begun: provided. that saio
jury Of viewers shall nave lines run pardl-
lei to the line of said ditch at distance
Of one mile upon either side Of IN" same
and no lands lying outside OF said lne
shall he assessed with any portion OF ih'
cost of such ditch and drain but All lnnd'
r and tracts OF land lying within said llne'
10 sod fl.fs