The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1919-03-05

the aforesaid estate, are nefeDy notHe
that on the sth day Of April. 1919. shall
apply to the Probate Court sitting at the
Court House in the City of Topekn, Shaw.
nee County, Kansas. for full and final
settlement of said estate and for an order
of the Court finding and adtudgfng who
are the heirs Of Jacob Lutz; deceased
for compensation as Executor and for at
torney fees and other expenses necessarily
estate las been filed and. as ordered by
the court, will be heard on the said Sth
day of April; 1913, at 10 o ,slss e. m
OTIS HUNGATE, Attorney.
IPublished In The Topeka State Journal,
March 5, 1891
HOUSE BILL Nc. Sc.
AN ACT relating to drainage districts,
of 1906 (being sections 3s90-39fG of the
General Statutes of Kansas for 1879, and
all subsequent amendments thereto: and
providing for the condemnation OF and
compensation for property taken hereun-
der
Section l. That whenever any drainage
district heretofore organized and incor-
lied and Incorporated in this state under
the provisions of this act and OF chapter
aS9O-3946 Of the General Statutes Of Kansas
for 1870, to which this act is supplemental.
shall present petition to the board of
which the greater portion of the territory
of the original drainage district Is situated,
daries and the extension Of the territorial
limits of its district to include land or
lands outside the original limits of said
commissioners shall Investigate such petit
| ton and ascertain whether It Is in conform
Seq That r the petition provisied fer ii,
| section Of this act shall describe the ter
rftery proposed to be so annexed and so
| incorporated into the drainage district by
sections or subdivisions Of sections, accord
| ing to the government survey or by metes
| and bounds, and state that the lands and
| property therein embraced are subject to
| injury and damage from the overflow of
| some natural watercourse, naming or de-
| channel Of such watereourse- the construe-
| tisn and maintenance of levees, drains,
| bitches, dikes. jetties, rip-rap or other
flow; and that such Improvement or works
will be conducive 10 the public health.
| convenience or welfare. And such petition
shall contain prayer that ali OF the terri
| tory within the boundaries defined in the
petition be Incorporated into and become
| lands to be included In said territory an
nexed to the original drainage district
shall be sufficiene to dSseri ri the same e
| by their appropriate number ms lots or
blocks or parts OF hets or blocks.
| fornity to the next preceding section,
| signed by not less than two-fifths of the
both the orisnap distriet and the erritory
to the board OF county commissioners Of
tien praying that the limits of the drain
age district be extended to include within
its boundaries the territory described in
| the petition it shall be the duty forthwith
| of such board of county commissioners to
fix a time for the hearing Of saeh petition
and to cause the county clerk to give notice
thereof by one publication in some news
paper, published and Of general circulation
| in the county. at least ten days before the
I a " " I'm h0 hear I'm
/; Sec 4. That at the time set for the
hearing Of the petition. tI,. beard of county
termiae whether notice has been given Of
| the time OF hearing as Is required by this
act and II 1t shall determine that such
| notice has been given to make q declaration
and finding Of that fact and cause the
! same 10 be entered upon its records and
| thereupon to hear all persons in favor of or
| petition and all other evidence that IT may
| desire to hear for the purpose Of ascertain
proper number Of signers possessing the
| qualifications prescribed by this act, and
Whether the statements In said petition are
be found that such petition is In conform
i ity to the requirements of this act, and
such board Of county commissioners shall
make finding aud decision to that effect,
the territory described in the petition tom to TO
| be annexed to and included in the said
| original drainage district.
necessary to construct any ditch. leyee.
| dixie, tetty. rip-rap or other protective
STRUCTURE across upon the land of any
individual or corporation whether within
or outside the territorial limits of the
drainage district and such individual or
corporation shall be entitled to scompensa-
tion therefor. the board of directors shall
have the power to constructs such ditch,
| levee. dixie 3etty, rfp-rap other profec-
tive structure or to condemn and appro-
PIRATE so much Of such land as may be
| necessary for that purpose in the manner
| hereinafter provided: and whenever IL shall
be deemed necessary to appro-risfa srr
private property for use by the district
| In widening. deepening otherwise i'm
proving any natural watercourse to pre-
vent the overflow thereof or fer the con-
struction OF any ditch. dixie. levee. lefty.
rfp-rap. canal. drain or other work the
board of directors shall canse a survey and
description Of the land so required ont of
the lands OF any private owner Individual
or corporatfon) to be made by some com
petent engineer and filed with its secrets ~.
and thereupon shall make an order declar-
ing that the appropriation of such land is
| necessary and setting forth for what pur-
follow the procedure prescribed for taking
the lands of n railway company az IL set
forth I'm sections 792S to 1896 both incIus-
i've. Of the General Statutes Of Kansas for
1915. being original sections 30 to AZ both
inclusive. n chapter 215 of the Laws OF
1903 to which this aet-is supplemental. and
adopting the same as nearly practicable
to the taking Of such lands belonging to
individual owners or to private corpora
lions.
| Sec. g. Any land or easement therein.
lying outside Of brit adjacent to any drain
age district may be drained into the drain
age system Of such district upon such
| oud a.