CODE OF CRIMINAL PROCEDURE CHAPTER 10.

OBSTRUCTIONS OF PUBLIC HIGHWAYS

Art. 10.01. [110] [155] [145] Order to remove

After prosecution begun against any person for obstructing any
highway, any one, in behalf of the public, may apply to the county
judge of the county in which such highway is situated; and upon
hearing proof, such judge, either in term time or in vacation, may
issue his written order to the sheriff or other proper officer of
the county, directing him to remove the obstruction. Before the
issuance of such order, the applicant therefor shall give bond with
security in an amount to be fixed by the judge, to indemnify the
accused, in case of his acquittal, for the loss he sustains. Such
bond shall be approved by the county judge and filed with the papers
in the cause.

Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.

Art. 10.02. [111] [156] [146] Bond of applicant

If the defendant be acquitted after a trial upon the merits of the
case, he may maintain a civil action against the applicant and his
sureties upon such bond, and may recover the full amount of the
bond, or such damages, less than the full amount thereof, as may be
assessed by a court or jury; provided, he shows on the trial that
the place was not in fact, at the time he placed the obstruction or
impediment thereupon, a public highway established by proper
authority, but was in fact his own property or in his lawful
possession.

Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.

Art. 10.03. [112] [158] [148] Removal

Upon the conviction of a defendant for obstructing a public
highway, if such obstruction still exists, the court shall order
the sheriff or other proper officer to forthwith remove the same at
the cost of the defendant, to be taxed and collected as other costs
in the case.

Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.

 

 

[ Back to top ]

© 2006 John T. Floyd III All Rights Reserved : Web Master Kevin Grey Lee