The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1909-02-25
LEGAL.
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published in The Topeka State Journal
February Is, 1909
LEGAL
HOUSE Bill NO. Is.

Be it enacted by the Legislature of the
| Section 1. That Section l of Chapter 1877
| of the Laws of 1907 be amended SO as to
any owner or owners of land which would
/ be benefited by drainage, which cannot be
manner without affecting the lands OF
others. shall desire such drainage: or
whenever any township board shall desiTe
! to provide for the, drainage of a public
! highway: or whenever any school-district
board shall desire to provide for the drain
which drainage shall affect the lands Of
others; or whenever the mayor and coun-
the successful drainage of such citv to
construct any drain an inlet or outlet
construct drains outside said city to pre-
vent the flooding of said city which
ed without affecting the land of others,
Suoh owner or owners, township board
s SCI board or mayor and coun-
apply for such drainage by petition to the
district court of the county in which any
OF the lands OF the petitioner or petition
board or school-district board or the
court Of the county in which such ui town.
ship, school-district or city is located The
petition shall describe the lands which will
be affected by such drain in tracts of
forty acres, according to the government
survey, or in smaller fractions of a sec
ton, if owned in smaller tracts, and shall
describe by meteS and bounds all lands
not susceptible of description as fractions
names of the occupant or occupants and
of the owner or owners of each tract, if
known, and If not known shall so state
and shall also name any township and
highway and grounds of any public school
and appropriate description of the grounds,
and the name OF any city which it is be
age or in which the drainage of a public
highway, the grounds of a public school
the lands to be so benefited or damaged
lie within the corporate limits of any
city or town. the same shall be described
by lots or blocks, by. their appropriate
numbers. when such lots or blocks are
numbered on the plat books in the office
the right-of-way of any railroad, inter-
believed to be affected. II shall be sI1ffi-
cient to describe it as the right-of-way of
through the sections, townships and
number of the same. Such petition shall
be sufficient to give the court jurisdiction
to fix a lien thereon, if they are described
as belonging to the persons who appear to
sessment roll or record of transfers kept
by the county clerk of the county in which
s5e 1io are 81 R e. line pett ion
petitioner or petitioners the public health
cubic hghWaVs in the ea1nt 3He or OF street
in city or town therein, will be bene-
fitted by the proposed drainage. or that
the proposed work will be of public utility;
and it shall state, generally, the method
by which it is believed such drainage can
be accomplished in the cheapest and best
petitioners that the cost, damages and ex-
penses of such drainage will be less than
the benefits which will result to the own
erS of the lands and other properties and
easements, ana 70 such lands, easements
likely to be benefited thereby. Such petit
ton shall be verified by the affidavit of
one or more of the petitioners; at the time
of filing the petition the petitioner or
petitioners shall also give bond, payable
sureties to be approved by the clerk of
the district court, conditioned for the pay
ment of all expenses tn the event the
court shall not establish such proposed
work of drainage. I-9t
ter 1877 of the Laws of 1907 be amended so
as to read as follows: Sec. ,. Upon the
filing of the petition for drainage, as pro
vided in the first section of this act, in
the office of the clerk of the district court,
the clerk shall enter a minute of the fill
docket of the court, and shall fix time
for the hearing of such petition by the
than forty-five days nor more than sixty
days after the filing of such petition; pro-
vided, that if no term of the district court
shall convene until more than forty-five
days after the filing of such petition, the
time fixed for the hearing of said petit ,,
ton shall be on the first day of the next
ensuing term of the court, even though !
such day be more than sixty days after
shall note the time of filing on the back |
of the petition and and shall issue fpe
court directed to all persons corporations |
and municipalities named in said petition
as occupants or owners of lands, ease
ments or other property to be affected by |
such drainage, other than the petitioners
or printed, and shall set forth the route |
of the proposed drain, as described in the |
petition, the fact of the filing and pen |
dency Of the petition. and the time when
such petition will be heard. The notice, |
when issued by the 9ler s d He be del
and shall be served by the sheriff upon |
tiles named in said notice. and returned |
in the same manner as a summons in /
civil action is served and returned And /
it shall also be the duty OF the sherlH |
to cause to be published in some newspa-
per printed and published in the county |
in which such drain is proposed to be
notice shall be published and proof of
b lie IN fe one n3bieat Of
summons for nonresident defendants in |
ciy actions the daI OF STcn
to the day fixed for the hearing of such
petition All persons appearing at, the
or. municipalities named in
the notice served and published, as herein /
ed to have notice Of all steps taken in
such proceedings. IL II appear to the
of said petition, that the notice has been
served and publication made as hereinbe-
such petition and hear any demurrer or
written objection to the sufficieHcy of the /
petition offered by any person named in
such petition, by any other person
who shall satisfy the court, by such I
showing as the court may require, that
he has an interest that will be affected
by such drainage. All questions arising
at the hearing of said: petition shall be
heard and determined by the. court. IF
the court find the petition defective, the
same may be amended. by leave or order
of the court. and if not so amended may
be dismissed at the cost of the petitioner
or petitioners. IT. upon the hearing of
such petition the court shall find and de-
termine such petition sufficient, the court !
shall appeint two discreet citizens of the