ditch or levee, or other similar work, be constructed and to the public interest that the work shall be so constructed, the petition or petitioners shall state in the petition and shall set forth, the general description of the same as proposed, and shall ask for the condemnation of so much of the lands as may be sufficient to construct and build said ditch or ditches, drain or drains, levee or levees. [1893, chap. 39.]

SEC. 2. [Construction-Tiling.]-If the petition is for the draining wet land, and it is practicable for the ditch or drain to be made under the surface of the ground, and to the advantage of the owner, and it shall be so required in writing by the owner or occupant of the land over which the same shall be constructed, then the person or persons so constructing such drain or ditch shall so construct and build the same by laying tiling, in a good and substantial manner, a sufficient distance under the surface of the ground to avoid obstruction or inconvenience to the owner or occupant of the lands; but if it cannot be so done, or is unnecessary, then said drain or ditch may be erected upon the surface of the ground, doing as little injury to the owner or occupant as possible.

SEC. 3. [Compensation to owner.]-Private property shall not be taken or damaged for the purpose of erecting such ditch, drain or levee, without just compensation, if claimed by the owner or occupants, and said compensation shall be ascertained by a jury as hereinafter provided; But if such, ditch, drain or levee shall be of benefit to the lands over which it shall be constructed, then the benefits and advantages shall be set off against compensation that may be claimed by the owner or occupants of such land; but no benefits or advantages shall be set off against the value of the land actually taken.

SEC. 4. [Petition-Contents-Names of owners.]—The petition shall set forth the names of all persons owning the land over which such drain, ditch, or levee, shall be constructed, and the names of all persons occupying the same, as appearing of record in the office of the county clerk or register of deeds of said county, or otherwise known, or if not known, stating that fact, and praying such court or judge to cause the compensation to be paid to the owners of such land or to the person or persons entitled to the same.

SEC. 5. [Same-Minors, etc.]-If the proceedings seek to effect the property of minors or persons under guardianship or conservatorship, idiots or lunatics, the guardian or conservator shall be made party defendant to the proceedings if any, and if none, the court shall appoint such to defend; and all parties interested whose names are unknown shall be made parties defendant by the name and description of unknown owners but in all such cases an affidavit shall be filed by or on behalf of one or more of the petitioners, setting forth that the names of said parties are unknown to him, her or them.

SEC. 6. [Notice-Issues.]-Said petition may be filed, summons issued and made returnable, and the issue made up in the same manner as is now provided by law for other cases brought in the county court, in which case the hearing may be had during term time, as in other cases, or said petition may be presented to the judge and the judge shall note thereon the day of the presentation of the petition to him, and shall note thereon the day when he will hear the same, and shall order the issuance of

summonses and publication to non-resident defendants, which summons shall be served at least ten days before the hearing.

SEC. 7. [Service on non-residents.]-Service upon non-residents may be had in the same manner as is now provided by law for the service of non-residents in other cases in the district court; Provided, That three weekly publications of such notice shall be sufficient in all cases of service by publication under this act; and Provided, further, That the hearing shall not be had until ten days after the last publication of such notice.

SEC. 8. [Trial-When.]-Causes may be heard by such judge at any time, but no cause shall be heard earlier than ten days after service upon the defendants or ten days after the last publication against non-residents or unknown defendants or owners.

SEC. 9. [Several parcels of land.]—Any number of separate parcels of land situated in the same county may be included in one petition and if part of the land is situated in one county and part in another said action may be maintained in either, and the owners or persons interested therein may be joined as petitioners or defendants therein, and the compensation for each may be assessed separately by the same or different juries as the court or judge may direct.

SEC. 10. [Amendments.]——Amendments to the petition or any part of the record in the case may be permitted whenever necessary to a fair trial and final determination of the questions involved.

SEC. 11. [Continuances.]—No adjournment or continuance of said cause shall be had by either party for a longer period than ten days except by consent; Provided, That the court may in its discretion for good cause shown upon affidavit or otherwise adjourn said cause for a period not exceeding thirty days.

SEC. 12. [New parties-Power of court.]-Should it be necessary at any time or stage of the proceedings to bring a new party before the judge or court, the judge shall have the power to make such rule or order in relation thereto as may be deemed reasonable and just, and shall have power to make all such necessary rules and orders for notice to parties of the pendency of the proceedings, and to issue all neces sary process for the execution of orders and judgments as may be considered necessary by the court.

SEC. 13. [Trial in vacation—Jurors.]—In cases fixed for hearing petitions, it shall be the duty of the county judge at the time of issuing summons or making publication, to write the names of eighteen disinterested free holders of the county on eighteen separate slips of paper and in the presence of two disinterested free holders of the county, cause to be selected from the eighteen names six of such persons to act as jurors, such selection to be made by him by lots and without choice or discrimination; and the county judge shall thereupon issue a venire directed to the sheriff of his county commanding him to summon the six persons so selected as jurors to appear at the court house in such county at the time set for the hearing.

SEC. 14. [Same, challenges-Additional venire.]-The petitioner or petitioners and every party to the proceedings interested in ascertaining the amount of compensation shall have the same right of challenge of jurors as in other civil cases in the county court. If the panel be not filled by reason of non-attendance or being ex

hausted by challenge the judge hearing such petition shall designate by name the nec essary number of persons having the qualifications of jurors prescribed by this act, and the judge shall issue another venire returnable instanter until the jury be filled.

SEC. 15. [Jury-Oath.]—When the jury is so selected the court shall cause the following oath to be administered to them: "You and each of you, do solemnly swear (or affirm) that you will well and truly ascertain and report just compensation to the owners (and each owner) of the property that is sought to be damaged in this case, and to each person therein interested, according to the facts in the case as the same may appear by the evidence in the case, and that you will truly report such compensation as ascertained: 'So help you God.'"

SEC. 16. [View-Report.]—The jury shall go upon the land sought to be taken in person and examine the same, and after hearing the evidence in the case, that may be offered, make their report in writing to the court, and the same may be subject to amendment by the jury, under the direction of the court, so as to be clearly set forth and shown, the compensation ascertained to each person thereto entitled.

SEC. 17. [Judgment.]-The judge shall upon such report proceed to adjudge and make such order as to right and justice shall pertain, ordering the petitioner or petitioners or persons authorized by law to enter upon said property, and the use of the same upon the petitioner or petitioners, or other persons interested, paying the full compensation as ascertained as aforesaid, if any is found by the jury; and such order, with evidence of payment, sha.l constitute complete justification for the taking of such property for the purposes aforesaid.

SEC. 18. [Intervention.]—Any person not made a party, may become such by filing his cross petition, setting forth and showing that he is the owner of or has an interest in the property which is asked to be taken or damaged by the proposed work, and the right of such last named petitioner or petitioners shall thereupon be fully considered and determined.

SEC. 19. [Appeals.]-In all cases an appeal may be taken from the county court to the district court and from the district court to the supreme court, on error as in other cases of appeals and error from said courts as now provided for by law.

SEC. 20. [Same, not to delay work.]—In cases in which compensation shall be ascertained as aforesaid, if the party in whose favor the same is ascertained shall appeal, or take error from such proceedings, the petitioner or petitioners shall, notwithstanding, have a right to enter upon the use of the property upon entering into a bond with sufficient security, payable to the party interested in such compensation, conditioned for the payment of such compensation as shall be finally adjudged in the case, and in case of appeal or error by petitioner or petitioners they shall enter into like bond with approved security; said bond shall be approved by the judge before whom the proceedings were had, or the clerk of said court and executed and filed with said judge or clerk at such time as is now fixed by law in other cases.

SEC. 21. [Compensation-Payment.]-Compensation so adjudged may in all cases be paid into the court, before whom the proceedings were had, and the clerk or county judge shall on demand pay the same to the party entitled thereto, taking a

receipt for the same; or payment may be made directly to the party entitled to receive the same by the petitioner or petitioners or persons adjudged to pay the same.

SEC. 22. [Records.]-The judge shall cause the verdict of the jury and the proceedings of the court to be entered upon the records of said court.

SEC. 23. [Repairing and maintaining.]-The person or persons constructing such drain or ditch or levee may go upon the lands of the owners with their servants, teams, tools and instruments and may forever thereafter go upon said lands as aforesaid for the purpose of repairing and keeping such ditch or drain in order, doing no more damage than the necessity of the occasion may require.

SEC. 24. [Repealed all acts and parts of acts in conflict.]

CHAPTER 89 a.-TELEGRAPH COMPANIES.

SECTION 1. [Associations governed by this act.]-That all associations, whether the same shall have been or may hereafter be organized or incorporated under the laws of this state, or by and under authority of any other state or territory, or by authority of the United States, whose object and purpose is the transmission, collection, and distribution of dispatches by telegraph, shall be subject to the regulations and restrictions hereinafter prescribed by this act. [1883, chap. LXXX.]

SEC. 2. [Statement of affairs.]-Every telegraph company and every press association or corporation engaged in the transmission, collection, distribution, or delivery of telegraphic dispatches, either for private use or for publication in newspapers, shall within thirty days after this act goes into effect, file in the office of the secretary of state a statement, certified to under oath by its president and secretary or by two of its officers, embodying the following information, to-wit: The name of the association, amount of capital invested, character of its business, together with a true copy of its articles of incorporation or articles of copartnership, with regulations and by-laws then in force.

SEC. 3. [Certificate of authority.]-It shall be the duty of the secretary of state to issue a certificate to every association or corporation that has filed the statement required by the second section of this act upon payment of five ($5) dollars, which certificate shall convey authority to such association or corporation to conduct its business within this state, under the restrictions and penalties imposed herein.

SEC. 4. [Forfeiture-Penalty.]-Every telegraph company, press association, or corporation engaged in the transmission, collection, and delivery of telegraphic dispatches that shall refuse or fail to comply with the above provisions within the time herein prescribed, shall forfeit its right to carry on the collection, transmission, and delivery of dispatches for publication or for private use, and shall furthermore forfeit to the county where such business is carried on, for each and every day it so continues in violation of this act, the penal sum of one thousand ($1000) dollars, to be recovered in any court of competent jurisdiction, and it shall be the duty of district attorneys to prosecute such violations of this act at the expense of the respective counties wherein said act is violated.

SEC. 5. [Transmitting dispatches.]-All telegraph companies and associations operating telegraph lines in this state shall transmit and forward all dispatches directed to newspapers, or private individuals, or public officers, with impartiality, in the order in which they are received, and use due diligence in their delivery without discrimination as to any person or party to whom they may be directed.

SEC. 6. [Delay-Penalty.]-Every officer or employe of any telegraph company or association engaged in the transmission of dispatches who shall wilfully delay the transmission or delivery of any dispatch, or divulge the contents of any dispatch entrusted to his or her care, to any person except the party entitled to receive the same, shall be guilty of a misdemeanor, and upon conviction shall be punished by fine of not less than fifty ($50.00) nor more than one hundred ($100) dollars for each offense, or imprisonment of not less than thirty days nor more than three months in the county jail at the discretion of the court.

SEC. 7. [Charges.]-It shall be unlawful for any telegraph company, its agents, or operators, to demand, charge, or receive from any individual, association, or corporation, a greater sum for the transmission and delivery of any telegram or message over a given distance than it demands, charges, or receives for the transmission and delivery

CHAP. 89 a. "An act to prohibit extortion and discrimination in the transmission of telegraph dispatches." Laws 1883, chap. LXXX. Took effect June 1, 1883.