The Laws of Texas, 1931-1933 [Volume 28] Page: 283 of 2,111
This book is part of the collection entitled: Gammel's Laws of Texas and was provided to The Portal to Texas History by the UNT Libraries.
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FORTY-SECOND LEGISLATURE-THIRD CALLED SESSION. 55
Districts" under the provision of Section 18 of Chapter 280, of
the Acts of the 41st Legislature of Texas, Regular Session, such
districts shall not be required to give bond for appeal or bond
for costs.
SECTION 2. In case such plaintiff Water Control and Improvement
District desires the writ of possession pending appeal in a
condemnation proceeding being prosecuted by it, such writ may
be issued on these express conditions, viz:
The amount of the award made by the commissioners to appraise
damages, or the amount of the judgment rendered by the
trial court upon appeal (to be controlled by the time at which
the writ of possession may be sought), together with the amount
of the costs, if any, which may have been awarded, or adjudged,
against the condemnor and to be ascertained as of the day on
which the writ of possesion may be sought, must actually be
available to the condemnor in lawful money of the United States
of America. The sum as ascertained and available to the condemnor
shall be set apart in a special fund in the lawfully designated
and qualified depository of the condemnor, where it must
remain to abide the final adjudication of such condemnation, and
application to the satisfaction of such final decree; or in case of
appeal by the condemnee, to be paid to him should he (they or
it) elect to receive such money in satisfaction of his (their or
its) demand at any time prior to such final adjudication, and
such fund shall not be paid out for any purpose. The record
of the deposit and the conditions thereof shall be acknowledged
in writing by the depositary, and such certificate of deposit shall
be filed with the clerk of the court of original jurisdiction as
part of the record in the condemnation proceeding. Thereupon
the clerk of said court shall certify his genuine official signature
(or those of his qualified deputies) to such depositary, and
the depositary may not pay vouchers drawn upon such special
fund save upon written approval of the judge and clerk of said
court and also the condemnee. Until such special deposit has
been made and certified to said clerk, as herein provided, the
writ of possession shall not be issued. Whenever the judgment
in condemnation becomes final, or in case of appeal by the condemnee
should the condemnee prior to final judgment elect to
receive the amount of the award in satisfaction of his demand,
it instantly shall be the duty of the clerk of the court and the
depository to pay to the condemnee the sum of the deposit (other
than that to cover costs), which may be done either with or
without the consent of the condemnor. Any officer, or employee
of the condemnor and, or, any officer or employee of such
depositary of the condemnor, and, or, the clerk of such court
(or his deputy), who knowingly permits such special fund to be
paid out, in whole or in part, for any purpose, or in any manner,
other than as herein provided, shall be deemed to be guilty
of a felony, and upon conviction he may be fined in any sum
not to exceed Five Thousand ($5,000.00) Dollars, or he may be
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Gammel, Hans Peter Mareus Neilsen. The Laws of Texas, 1931-1933 [Volume 28], book, 1933; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth17293/m1/283/: accessed April 25, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; .