The Chipley banner. (Chipley, Washington County, Fla.) 1893-1943, 1903-08-20
CHAPTER 5tss-(No. So

An Act TO Provide for the Erection and Con
struction of Dams tor the Purpose 81 pup,
LIGHT Powers and Other Engines and
Machinery, and Providing for Condemna'
zion Proceedings of Certain Lands Neces'
ssary for Such Purposes.
Be il Enacted BY the Legislature of the State OF
Section /. Whenever any person, persons
or corporations owning lands IN this stare on
any water course may desire TO erect uan Jam
<5rc furnishing power for water grist mill
sls-tric light power, or other machine OF pup
tic ,ntlity, and shall not have the zee simplse
title to the lands the opposite side thereof
sea;nst which the petitioner would abut his
dam. or surrounding lands which Will be over
flowed thereby, the petitioner may me PS eG;
q Court Of the county wherein the properly mes.
which petition shall set forth: First, the act
or authority under which the petitloner Siaili n
the right to take the property; second, des'
cription as accurate as may be OF the prop
erty sought to be taken; third, the names OF
the occupants OF the properly a aa,h;i;t;es ~
any) and the interests OF all owners ana mort
gagees, if the same by diligent seareh ana IN.
ouiry can be ascertained; fourth. the purpose
OF the taking, and that the properly Is neeeS
sary for that purpose. Il, .,, -.
.- Sec O. II any interest in the properly OF
anv lien thereon belong to the unsettled. eS-
tate of decedant the executor or admins
traitor shall be made the party defendant WIFI
Tespect to such interest without Joining the
devisee or heir and II a trust estate, the trus-
tee shall be made defendant without joining
S6e eestui que trust No married woman
shall be made party defendant with respect
ment creditor or other lenor Except mort
Raqees as aforesaid) need be made parties
defendant by the petitioner. ,e.. - a..
oath of the petitioner and II a private corPoe'
alton by the oath OF its president or some otheI
executive officer. There shall be anne 49, py
an affidavit by the same aihant that diligent
search and inquiry has been made by the pc
titioner 20 ascertain the names, places OF res
idence legal disabilities VI any ana ineres'
and that these, as ascertained are SET ioIu
10 the petition The prayer shall be that the
property described in the petition may be con
demned for the uses and purposes set iorh
Sec. T. When the petition is filed the clerk
t sna tbe issue sber T or sher Of the county or
tes wherein the defendants or any OF them
reside as alleged, commanding him or them
that ne or they make known TO the detend'
ants that thew be and appear in the said Cir
cult Court on the second rule day after the
issuing of the writ to show what interest they
have IN the property, and to show cause why
Il should not be taken for the uses ana pur'
poses set forth in the petition, which. wr,ts
shall be served by the proper sherlns IA tns
same manner as wrts of summons are served,
Alias and pluries writs may be issued as ~ ~
other cases, returnable however, as writs OF
summons are returnable ~ any ,S oe's sdSte tbe
clerk shall. within two days OF issuing hf
writ Of scre facas, mail certified copy Of
such writ 20 such deiehuant AZ nts P'eNS u
mode Of service shall be as etiectual as though
the defendant had been actually served WITHIN
this State, and the clerk shall ME esrtlheS t
Of such constructive service OF record IN the
cause II the residence o. any dsiendans DC
given as unknown he shall be held served by
the notice Of publication provided IN TINS sec
ton. After issuing the writ inc clerk shah ~
every case, forthwith publish In some news
paper published IN the county once wes l
Tor as many weeks as may be untl the re-
turn dav a notice directed 10 all persons In
terested in or having liens upon the property
in the same terms as the writ OF scire laclas
20 appear and show cause, OF else be barred
and the clerk shall file e s5s ssSs. o. W P psP
sons not appearing and answering on inc ss
turn day. whether under disabilities or NOT
shall be bound by the proceedings, ana ae
faults may be entered against them, but morn
ING shall prevent any person who is shown BY
the record 10 be interested in the properly
from appearing before the jury 70 contest ioi
he eonceiyes 70 be due from the property. De
faults may be opened by tie Judge before the
next rule day for good cause shown. -.
Sec s. Any person interes.sa OF lawns =, =
become a party az Of course. by huins ~,
petition Of Intervention, setting forth undsi
oath NE interest before 'hs return aay' OF IT.
See g. II no cause be shown % the con
trary. The Judge Of the Circuit Court shai
cause Jury Of twelve men 20 be sapa .l :,
attendants for the property sought 70 be ap
prophated. irrespective OF any benen! ron ron
any Improvement proposed by the peuIlonel,
which issue shall De t1ea ~ t W. Is," ma c;T,
c.gt Court The Jury shall ~ all cases view
tie property, unless the parties inte,es'eq ln
hs issue consent % di;os S i.srs iae s't nv
snv such case h vacation IN the county, and
may make an necessary orders for gfoeunpg
iarryy Or Ia reference 70 the case, Il the jury