The Laws of Texas, 1913-1914 [Volume 16] Page: 505 of 1,574
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SPECIAL LAWS. 5
such land in the san.e manner that a railroad company could, under
the laws now existing, or to be hereinafter passed, may condemn land
for right of way; and the same proceedings may be had and the same
rights as to each party shall exist as if proceedings were by a railroad
company, except as hereinafter provided in Section 19; and provided that
the provisions hereof shall not be held as a repeal of this provision of
the general laws now in force, or to be passed, relative thereto, and said
county may, at its oplion, proceed under said general law or hereunder.
SEC. 10. Whenever it shall be made to appear to the satisfaction of
the commissioners court of said county, either in regard to permanent
roads then under construction or in regard to any public roads of such
county, that it is necessary for the better drainage of such roads that
the ditch along the right of way on any railroad in such county, or the
bar pits along such right of way, or any natural or artificial depression
upon such right of way, should be opened up and cleaned out or emptied
and drained of the water held therein, such court may by an order
entered upon its minutes, at a regular or special term of such court,.
require any such railroad to open up and clean out its ditches, to ditch,
empty and drain its bar pits, or such other natural or artificial depressions
upon, or along its right of way, and to keep them opened, cleaned
out, ditched and drained, so that water will not accumulate therein, but
will have easy, rapid and unimpeded flow to the nearest gully, ravinP.
creek, water course or other natural outlet away from the public road.
affected thereby. And it shall be the duty of any such railway in reference
to which said order is made, and entered within sixty days after
a certified copy of said order shail have been delivered to any general
oi-icer of such railway company or to any of its agents in such county,
to supply proper and sufficient drainage to its premises and within said
sixty days to commence the work so ordered to be done, and to continue
such work with all reasonable dispatch until its completion to the satisfaction
of said court, and in the event any such railway company, its
officers and agents shall fail to comply with the terms of said order,
and shall fail to commence such work within sixty days from the date
of such service .of such certified copy of such order, or shall fail to
finish such work with reasonable dispatch, the commissioners court shall
have said work performed, keeping an accurate account of the money
expended upon such work, and said money so extended may be recovered
from the railway company along whose right of way said work was done,
at the suit of such county, in any court of such county having jurisdiction
of the amount, for the benefit of the fund from which said money
was. expended.
SEC. 11. The county shall not be required in proceedings to determine
the compensation to be paid for lands or material to build, repair or
maintain, or lay out, establish, straighten or drain any public roads in
any case to give bond for costs, and the commissioners appointed to
condemn such property necessary as aforesaid shall receive for such
service two ($2.00) dollars for each and every day they may be necessarily
engaged in the performance of their duties as such commissioners,
to be paid out of the road and bridge fund on order of the commissioners
court, and the compensation awarded by such commissioners for such
land or other material shall be paid to the owner or deposited with
county treasurer to the credit of such owner, and when so paid or de-
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Gammel, Hans Peter Mareus Neilsen. The Laws of Texas, 1913-1914 [Volume 16], book, 1914; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth10838/m1/505/: accessed July 16, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; .