The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1909-02-25
LEGAL.


the hearing of said petition from time to
time, in order that all persons interested
may nave an opportunity to be heard be-
tore the reference of said petition to the
drainage commissioners. In the order of
the court appointing said drainage COM
nllsSlonerS, the court shall fix a. time and
place for the meeting of the drainage
commissioners and a time when they
shall file their preliminary report The
clerk shall deliver to the commissioners a
certified copy of the petition and of the
order of their appointment, and they shall
meet accordingly They shall make per
sonal inspection OF the land described in
the petition, and of all other lands likely
the commissioner who is an engineer shall
make the necessary surveys for the pur-
pose OF ascertalnIng the facts from which
70 make their report, and such commits
Sloner shall, within reasonable time al
lowed and fixed by the court, make to
they shall show: % The source or head
and general direction and outlet of the
Dram and OF each arm or branch there
OF, and average width and the depth,
what part is to be opened and what part
to be dug by shovel, dredge or otherwise.
% A description of all lands which will
be affected by the proposed drainage, with
known, and if not SO stating; also the
name of any city, school district or other
not named in the petition which will be
anected by such drainage 80 Whether
be affected. ~ Whether. when accom-
DRAINAGE
prove the public health, benefit any pub
lie highway grounds in the county, or
any street or public grounds of any city
therein, or be of public utility Such re-
port of the drainage commissioner shall,
IN all subsequent proceedings, be prima
facie evidence of the facts therein stated.
ton and not owned by any person who has
appeared In the petition are named in
port of the commissioners, notice of such
report, setting out the substance thereof,
served and published by the sheriff in the
same manner as provided for notice of
landowner, corporation or municipality
named in the petition, who has ap-
peared thereto, shall have twenty days
from the filing of such preliminary report
within which to file any exceptions there
to, and any landowner not named in the
petition and whose lands are not ,des-
report and his lands therein described,
and any city, school district or other
municipality SO brought in, shall have the
same time for filing exceptions to such
preliminary report as is required to be
ing. of the petition. If the court. on ex-
animation of the preliminary report of
shan i find that such drainage is not prac!
ticable, and will not be sufficient to prop
erly. drain the lands to be affected by It,
or that 1t will not improve the public
health, nor benefit any public highway
or grounds in the county. or streets or
public ground in any city, or be. of public
ers affected, as shown by such preliminary
TePoFf snail WITHIN {3wGn6y GAYS 9rt at ter
monstrate in writing against the construc-
ton of the proposed drain, the petition
enter Judgment against the petition or
petitioners for all costs and expenses, in
Guiding AL COMPENSATION of OF the drainfai g
to each of such items,
and if no remonstrance signed by two
thirds of the persons to be affected by
such drainage shall have been filed, it
shall refer the petition back to the drain
age commissioners, with directions to pro-
coed with the work and make their. final
this act Such order and judgment of
the court in dismfssine the petition or in
referring it back to the drainage commits
sioners for a final report, and OF Pilot Pilot
to such drainage, shall be conclusive, un-
less proceedings in error be prosecuted
matter provided. Any person, corporation
or municipality deeming himself or itself
aggrieved by such Judgment of dismissal
or order OF reference, or by any prior
ruling or order of the court, may at the
time of the ruling of the court on the pre-
prosecute proceedings in error in the su-
preme court of the state of Kansas for
order or ruling of the court by which he
may feel himself aggrieved. by filing a
lays after the final order of the court
made on the hearing of said preliminary
report, and by filing with the clerk of
4 bond, the amount to be fixed by the
order of the court, or of the judge in va
cation, conditioned that such person prose-
cutting error will pay all costs, expenses,
damages and loss occasioned by his pro-
9eeding in error, and /, by y;,;p erfectItnhg ms
oreme court of the state of Kansas, his
petition in error. with a case-made or
within ninety days after the rendition of
he Judgment and the order of the court
upon the hearing of the preliminary re
port of the commissioners. All parties
affected by such. proceedings shall take
notice of such proceeding in error and be
pound thereby, and all proceedings in the
natter of such drainage shall be stayed
until the determination of such proceed
ending time for making a case and for
suggesting amendments thereto and for
anne as in ordinary civil actions; provided,
hat no appeal from the Judgment or or
If the preliminary report of commission
RS shall be taken unless the same shall
De perfected within ninety days after such
or order,S but upon perfecting
;uch proceeding in error all previous or
lers and rulings of the court, made at any
ime in the proceeding. may be reviewed
boards. mentioned in
section of this. act, may unite in the
interest therein. in any proceeding prose- |
.uted under and by virtue of this act or
Sec H. The provisions of this act shall |
Lpply to and govern, as far as applicable. |
Ill proceedings now pending in the district |
ourt of any county in this state, hereto
ore commenced under and by virtue of |
he provisions of Chapter 1877 of the laws |
K 1907
Sec 8. Original sections I and 2 of |
Chapter 1877 of the Laws of 1897 are hereby |
eDealed. = .e531s-
Sec. 6. This act shall take effect and be |
n force from and after its publication in |
he official state paper.
I hereby certify that the above bill orig
mated in the House, and passed that body /
]. N. DOLLEY,
Speaker of the House.
w. T. BECK
Chief Clerk of the House.
Passed the Senate February II, 1909.
W. ]. FITZGERALD,