124 Ark. 61 | Ark. | 1916
Appellee is a levee district created by special statute enacted by the General Assembly of-1891,* and appellants are severally the owners of tracts of land through which a portion of the levee was located and constructed during the year 1914. The right-of-way for the levee was condemned and damages to the owners assessed pursuant to the terms of the Act of February 24, 1905, entitled “An Act to provide a method for the exercise of the right of eminent domain by levee, drainage, and ditching districts. ” Acts 1905, p. 143, Act No. 53.
It has been suggested in argument that the fact that the lawmakers saw fit to insert the name of the St. Francis Levee District 'indicated that the general words used were intended to be applied only to levee and drainage districts created pursuant to general laws of the State, and not to.those created by special statutes, and that it was necessary to designate that particular levee district in order to bring it within the terms of the statute. We do not think that that is the proper interpretation of the language of the act, for it is too general an expression to be open to that interpretation. If the statute amounts to a general one, which is applicable at all to levee and drainage districts other than the one especially mentioned, it necessarily includes all that are created by or under the laws of the State, whether pursuant to special statutes or pursuant to the general statutes authorizing the formation of those districts. It is proper to consider the title of an act for the purpose of determining its true meaning, and we find that in the title of this act language is employed which refers to all levee and drainage districts generally and not a particular one. It is true there is certain language in section 9 of the act, declaring that ‘ ‘ all lands bordering upon and near the Mississippi River shall be subject to public servitude,” which might be construed as referring only to levee districts organized for the purpose of giving protection from flood waters of the Mississippi River, but we can treat that language as only applying to levee districts along the Mississippi River without impairing the general force of the statute in its application in other respects to all other districts in the State. We are convinced, therefore, that the lawmakers intended to include all levee and drainage districts in the State, or at least that the language used by the lawmakers is susceptible only of that interpretation.
“To (name supposed owner )and all other persons having any claim or interest in and to the following described land, situated in................ County, Arkansas: namely (here describe the land .over which the levee or drainage passes according to IT. S. Surveys) are hereby warned to appear in this court within thirty days, and file exceptions to the award which has been filed in this office by the levee and drainage appraisers of this county for the appropriation of the portion of the hereinbefore described land, for the construction, or intended construction of a levee, ditch, canal, or drain, as the case may be over and across the same.”
The act then further provides that if no exceptions be filed by the owners within ten days after service of summons, or within ten days of the date of the last publication of the warning order, “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 that if exceptions be filed witbin the time aforesaid, and trial is demanded by either party, the question at issue 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,” etc.
Section 4 of the statute contains the following provision with reference to payment of award: “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 adjudi-. cated 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.”
That portion of the proceedings relates only to the condemnation and assessment of damages, and not to subsequent proceedings for the ascertainment of the identity of the persons to whom the money should be paid over. If the district pays the money to the wrong person, it does so at its peril, for the statute provides that if there is any uncertainty about who the real owner is, the money must be paid over to the clerk of the chancery court where proceedings are authorized in the nature of an equitable interpleader to bring in all persons who can assert an interest in the funds. The district can protect itself, therefore, by complying with that part of the statute, but, as before stated, if it voluntarily pays the money over to a supposed owner it does so at its peril for it must determine who is the real owner notwithstanding its inability to ascertain with certainty who the owner is.
Affirmed.
Act 93, p. 169, Acts of 1891. — (Reporter.)
Act 146, p. 253, Acts of 1893. — -(Reporter.)
Act 93, p. 169, Acts of 1891. — (Reporter.)
146, p. 253, Acts of 1893 — (Reporter.)