failure to file exception thereto after notice having been given as herein provided, and upon such information, the court shall proceed to enter a judgment condemning such property and land for the right of way purposes, and a judgment in favor of the owner, or owners, of such land against the levee or drainage district for the amount awarded by such appraisers; but, in case exceptions are filed by either party, within the time herein prescribed, it shall be the duty of the clerk to docket the cause. The petition originally filed by the levee or drainage district, and the award of the appraisers shall constitute all necessary pleadings in such proceedings, and in case a trial is demanded or requested by either party, the question shall be tried as other common law cases are tried, and the owner, or owners, of the land shall be entitled to recover the value of the land appropriated, or intended to be appropriated; the obstruction to natural drainage not to exceed the amount necessary to construct artificial drainage; the damage occasioned by the inconvenience of crossing the levee, ditch, canal or drain, from one portion of the land to the other; the value of any crop or houses on the right of way, or the cost of removing the same; provided, that whenever any levee or drainage district shall cause any land or property to be appraised, as herein provided, that it may enter upon said land and construct the levee, ditch, canal, or drain over and across the same without paying the award therefor until such time as the court in term time shall so order or direct, and that it shall be the duty of the court, or any county, chancery, or district judge to enjoin any owner, or owners, of land from interfering with the construction of any levee, drain, ditch, or canal, after an award has been made for the value of the land until such time as the court, having proper jurisdiction, shall render a final judgment, and in case of an appeal from any judgment rendered by the circuit court,

such levee or drainage district shall, upon filing a supersedeas bond with the clerk of the Supreme Court, be entitled to have the owner, or owners, of such land enjoined from interfering with the construction of any levee, ditch, drain, or canal, until such cause can be heard in the Supreme Court.

SECTION 4. If no exception shall be taken to the award of the appraisers, and no appeal taken from any judgment rendered by the circuit court, the levee or drainage district seeking to condemn the right of way shall pay the award to the person, or persons, in whose favor the same is made, taking duplicate receipts therefor, one of which shall be attached to the award and filed with the proceedings in the cause. But, in the event the owner, or owners, of such land, material, or property being unknown, or if it is uncertain who they are, or if there are conflicting claims to the land, or to the award, or any part thereof, then the said levee or drainage district shall pay the same to the clerk of the chancery court of the proper county, for such owner, or owners, and take the clerk's receipt, as provided herein from the owner, and shall have the same recorded in the book provided for the recording of petitions; that said clerk and his sureties shall be answerable for the safe keeping of said money. That any claimants to said land may file an application in the chancery court, and set up title to said land or property, and after giving notice to all adverse claimants by summons, if residents of the county, and by warning order, if nonresidents of the county or unknown, shall have their claim to such money adjudicated and tried as other cases are tried under the rules and practice of the chancery court, and upon a final hearing the chancery court shall direct a proper disposition of the money, which judgment shall be a bar to a recovery against the levee or drainage

district for any other or further compensation or damages for the construction or maintenance of such levee, ditch, drain, or canal.

SECTION 5. Any levee or drainage district may refuse to pay the award which may have been made by any board or appraisers herein provided for, or the judgment of any court assessing the damages for right of way, and abandon the line and relocate the levee, drain, ditch, or canal, anew without being liable for any award or judgment rendered in any proceeding for, the condemnation of right of way, except as to the costs.

SECTION 6. The appraisers hereinbefore provided for shall be entitled to receive for their compensation for viewing and appraising land and property, and making award of the damage therefor, the sum of $5 per day for each day in which they are actually engaged in such service, which sum shall be paid by the levee or drainage districts, as the case may be.

SECTION 7. In the event that there are exceptions filed to the award of any board or appraisers, the fees for conducting a trial of such cause shall be the same as are prescribed in ordinary proceedings in the common law court, and shall be paid by the levee or drainage district in all cases where the judgment of the circuit court is in excess of the award made by the appraisers, and the landowner, or owners, shall pay the cost accruing where the judgment of the circuit court does not exceed the amount awarded by the appraisers.

SECTION 8. Whenever the board of directors of the St. Francis Levee District, or any other levee or drainage district, may have appropriated, or shall appropriate any land for right of way for the construction and maintenance of either levees, ditches, canals, or drains, and constructed

levees or drains thereon, without having procured the consent of the owner, or owners, of such land to construct the levees or drains, or procured the right of way, either by purchase, donation, or condemnation, such owner, or owners, where their cause of action has not been barred by the statute of limitation, shall have a cause of action against such board of directors of the St. Francis Levee District, or any other levee or drainage district, for the market value of the land at the time it was actually occupied, and such damages for inconveniences of crossing from one portion of the tract, then owned by the parties seeking to recover, to the other portion of the tract, as they have sustained, and such damages as the owner, or owners, may have sustained on account of obstruction of natural drainage to the tract of land over which the levee or drain may have been or shall be constructed, not to exceed the cost of constructing artificial drainage.

SECTION 9. The recovery of damages on account of the construction or maintenance of levees or drains shall be limited and confined to the elements of damage mentioned and provided for in this Act, and all lands bordering upon and near the Mississippi River shall be public to public servitude, except as herein provided, and neither the owner, nor owners, thereof shall recover any other compensation or damages for the appropriation of any lands, and the construction and maintenance of levees or drains thereon, than is herein provided.

IO.

SECTION 10. All actions for the recovery of damages against any levee or drainage district for the appropriation of land, or the construction or maintenance of either levees or drains, shall be instituted within one year after the construction of such levees or drains, and not thereafter; provided, that any person, persons, or corporations, who may have any existing claims against any levee or drainage district, suffered on account of appropriation of

land, for the purpose of constructing either a levee, ditch, canal, or drain, or on account of the construction or maintenance of either a levee, ditch, canal, or drain, shall bring their action within six months after the passage of this Act, and not thereafter.

SECTION II. That all Acts and parts of Acts in conflict with this Act are hereby repealed, and this Act shall take effect and be in force from and after its passage.

[This bill having remained with the Governor five days (Sunday excepted) and the General Assembly being in session, it has become a law this February 24, 1905.]

ACT 54. r

AN ACT to repeal so much of Section 7074 of Kirby's Digest as requires the Publication of Delinquent Lists of Personal Property.

SECTION

I. Act requiring publication of delinquent personal tax list repealed.

2.

Laws in conflict repealed; Act in force from passage.

Be it enacted by the General Assembly of the State of Arkansas:

SECTION I.

That Section 7074 of Kirby's Digest be so amended as to read, as follows: The collector shall within seventy (70) days after the 10th day of April in each year make out and furnish to the county clerk, a report of all the delinquent and insolvent taxpayers in his county, with the amount due from each, which report shall be verified by the written affidavit of the collector to the effect, that he has in person, or by his deputy, made a legal demand for taxes of all delinquent taxpayers