The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1911-01-30
LEGAL.

its agent from said land and protect tina
agent of the State in, such possession.
Sec 5. That~fc' the purpose of ascer-
tanning whether or not any private per-
son or corporation is the owner of any.
part of the land so taken, and IL such
owner to provide and secure full and
adequate compensation for the approprid-
ton thereof the Attorney General, upon
the publication of such proclamation by
mence an action in the district court of
the county wherein such land is situated,
such suit to be entitled The State of Kan
sas VS.. all persons having claiming
any interest in the land lying between the
established harbor line of the --
River and within a distance of forty feet
landward therefrom within the c o-
Notice shall be given by publication of
the filing of said action, setting forth
the nature of said suit and that all suck
claimants must appear and set forth their
claim on or before the date therein named
which shall not be less than forty-one
days from the date of the first publica-
ton, and that upon their failure SO to do
a judgment will be rendered therein ex-
Guiding them from any interest in said
land or any part thereof, and enjoining
and barring them from asserting any
claim to said land or any part thereof
adverse to the state of Kansas. Such
publication shan be made in the manner
provided for publication notices in the
code of civil procedure. If the claimants
so notified shall appear in said cause then
said action as to the parties so, appearing.
shall proceed to trial as in other civil
actions before a jury unless such jury be
waived to determine the ownership or
said property and to assess the value of
the land and other damages for the TAX
ing of such portions thereof as may be-
| long to parties other than the public.
| That in the event the claimants shall fail
to appear, on or before the date named, a
pro confesso Judgment shall be entered
I excluding them from any interest in said
| land which said judgm emit shall become
final and conclusive at the expiration of
six months from the date of such rend1-
ton unless the claimant Shall make APP
plication within such period for the vaca-
ton of such judgment and permission to
defend in said action and shall show 20
the court that he had no knowledge or
notice of the tendency of. said action
prior to the rendition of such judgment.
Sec. g. That the drainage districts into
or through which such navigable stream
flows are hereby made liable for the value
OF any land so appropriated, together
with all damages which may be occa-
stoned thereby to the owner of the land
so appropriated and the cost OF said suit,
and any juugment rendered in said action
against the State of Kansas shall be
lien upon allsthes taxable property in such
drainage district and the Board OF. Di-
rectorS of such drainage district is hereby
empowered and directed to pay said judg-
ment, the cost and, award, from the funds
in their hands and under their control for
such purpose and in the event such funds
are insufficient or for any reason may not
be used for. such purpose the Board of
Directors shall issue bonds or levy tax
for the payment thereof as provided by
law: and in the event that the Board OF
Directors of such district shall fail or
neglect to pay the full amount of the
Judgment, cost and award, as herein pro-
vided, the Board of County Commissioners
of the county wherein such land is sit