The daily Minnesota pioneer. [volume] (St. Paul, Minn.) 1854-1855, 1855-08-01

shall he communicated to such person with request
to deliver the same to the individual for whom IT is
thus left at the earliest opportunity In case there
shall be any persons named in such petition who are
not residents of this territory and upon whom service
I cannot be made in the manner above prescribed,
notice stating briefly the objects of the petition de-
scrpon of the lands proposed TO be taken, and Inc
time and place Of the presenting the petition to the
court and directed to such person or persons, shall
be published in the newspaper published nearest the
location Of such lands, and in a newspaper published
ut the of government OF the territory or state IN
which the lanls shall be situated once in each week
for six successive weeks previous to the time desgna
ted for presenting such petition The court TO whom
such petition shall be presented shall make any
order for the appointment OF commissioners to ascer
tain and determine the compensation to be paid to
any owner or persons Interested who shall not ap-
pear in person by attorney counsel, except upon
proof b, affidavit and to the satisfaction OF the court
Of service Of the petition and notice in the manner
herenbeore prescribed, but may do upon the APP
pearance Of the party parties upon such proof of
service in the absence Of party parties. The
| court may upon the application OF the SAID corpora
ton or of any party interested, for
BILE cause, ad Ourn the proceedings from time time
and may order further notice TO be given to
any party whose interests may be affected thereby
When the court shall have the proof satisfactory that
all parties interested airy parcel Of land have been
duly served with the petition and notice in the man
herein prescribed and OF the nature and extent OF
same the court may make order to be recorded in
the minutes thereof appointing three dIsInterested
competent persons commissioners TO ascertain and de-
ternine the amount TO be paid by the said corporation
to each Of such persons compensation Tor his inter-
est in such parcel parcels Of land, and
specifying the time and place Of the first meeting OF
such commissioners.
The said corporation shall without delay procure
and deliver TO each Of such commissioners copy of
such order. Before the said commissioners shall en-
Il. 80 h.. ,ta ,lnn
pccvcly take and subscribe an oath that they will
faithfully and mpartally, and without fear, favor,
ward, or the hope or promise of reward, discharge
their duties commissioners TO ascertain and deter
mine the compensation to be paid by the "Transit
Railroad Company TO there insert the names of the
persons whose property is to be appraIsed for lands
or interest in lands to be taken for the of said
company. Such oath may be taken before any Off
Ger authorized by law TO administer oaths. When
ever the place Of any commissioner shall become va
can't the court may upon such notice to the parties as
he may prescribe, and by like order, supply the place
by the appointment of another person as such COM
missioner, who shall be in like manner served with
copy OF the order appointing him, and take the like
oath. The commissioners shall meet at the time and
place specified in the order appointing them, and in
the order supplying any vacancy IN such commission
w hen met and all present they may proceed TO the
hearing of the proofs and allegations of the parties
present reasonably notified by the company to be
present, and authorized to administer oaths to wit
before them, and before making report they
shall, if requested by any party interested by either
Of their number, view the premises, for which COM
pensaton is TO be made, and the amount of which
they are to determine. The commissioners may, as
the EFFICIENCY of any the convenience of the
parties themselves may require, adjourn from time
to time, and to such places may in their judgment
be most conducive TO the purposes of their invesga
tons. No proceedings shall be had by the said COM
missoners unless two thirds of them be present, eX-
cept to adjou but any and every question submitted
to them may be decided by majority, and report
by majority shall be valid. The said commission
shall keep minutes in writing of all their proceed
ings, in which they shall enter the time and place of
their meetings and adlournments the names of parties
appearing before them in person by attorney, the
substance of the testimony of witnesses sworn and ex
amned before them, and all disputed questions which
shall be submitted to them and their decisions there
on. In estimating damages or compensations to be
paid any claimants to lands interests in lands so
proposed to be taken, the said commissioners shall
take into consideration the benefits TO accrue to the
claimant by the construction of the said Railroads,
and allow such benefits by way OF recoupnent against
the damages which such claimant may sustain there
by, and report only the balance of damages which |
shall remain after applying such benefits in recoup
men thereof, but no balance shall be in any re-
ported in favor of the company. They shall mako
and sign report which shall contain a description
by mecs and bounds, survey map, or plat of each
separate parcel of land proposed be taken by the
said company for its use, and the compensation for
which they shall ascertain and determine, and the
amount (if anythng) to be paid by said company TO
each person whose interests 20 he affected there
by.
Gro BE CONCLUDED.)