The daily Minnesota pioneer., 1855-06-21
PUBLISHED BY AUTHORITY
A BILL
BE At enacted bythe Legislative assembly Of the
Territory Of Minnesota
.-...--. <na..,xrrnA -. =. III.

When the court shall have proof satisfactory that
all parties interested in any parcel of land have been
duly served with the petition and notice in the
ner herein prescribed, and Of the nature and extent
Of the interest estate of each and every party in
the same, the court may make order to be record
ed in the minutes thereof, appointing three dsinter
ested competent persons commissioners ascertain
and determine the amount to be paid By the said
poraton to each Of such persons compensation for
his interest estate in such parcel parcels Of and
and specifying the time and place Of the first meeting
OF such commissioner The said corporation shall
without delay procure and deliver 70 each of such
commissioners copy Of such ORDER Before the said
commissioners shall enter upon the discharge Of their
duties, they shall respectively take and subscribe an
oath that they will faithfully and imparially, and
without fear, favor, reward or the hope promise
Of reward, discharge their duties commissioners to
ascertain and determine the compensation to be paid
by the Root River and southern Minnesota Rail Road
company TO (here insert the pames Of the persons
whose property is to appraised) for lands or inter-
est in lands to be taken for the Of sad company.
Such oath may be taken be foreany officer authorized
by law to administer oaths. Whenever the place Of
any commissioner shall become vacant, the court may
upon such notice to the parties he may prescribe
and by like order supply the place by the appoint
nent Of another person a. such commissioner, who
shall be in like manner served with copy of the or.
der appointing him and take the like oath. The
commissioners shall meet at the time and place spec
'hed IN the order appointing them, and in the order
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 oalhs to witnesses before
them, and before making any report they SHALL il re-
quested by any party interested by either Of their
number. view the premises for which compensation
is to be made, and the amount Of which they are to
determine. The commissioners may the exigency
OF any case the convenience of the parties them
selves may require, adjourn from time 10 time and to
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Give to the purposes Of their Investigations. No pro-
ceedings shall be had by the said commissioners I'm
less all OF them be present. except to adjourn but any
and every question submttedto them may be decided
by majority, and a report by majority shall be
valid. The said commissioners shall keep minutes
in writing Of all their proceedings. in which they
shall enter the time and place Of their meetings and
Adjournments, the names Of parties appearing before
them in person or by attorney the substance Of the
testimony OF witnesses sworn and examined before
thens aad all disPuted questions which shall be sub
mted to them, and their decisions thereon. In esti
mating damages or compensations to be paid to any
claimants to lands interests in lands proposed
to be taken, the said commissioners shall take into
consideration the benefits to 70 tho claimant by
the construction to the said railroad and allow such
benehts by way Of recroupment against the damages
which such claimant may sustain thereby, and report
only the balance Of damages which shall remain af.
ter applying such benefits in recroupment thereof. but
no balance shall be in any reported in favor Of
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which shall contain description by metes and
bounds, survey map plat Of each separate parcel
land proposed to be taken by the said company for ts
use, and the compensation for which they shall as
certain and determine, and the amount (f anything)
20 be paid by said company each person whose in
,eress are to be affected thereby They shall a. soon
their report shall be made, attach thereto their
minutes and oaths Of Office, and file the in the
Office of the clerk Of the court appointing the said
commissioners, and notify the parties interested in
~ al~A Al 80 IL ~-lE El~1
the said company or any person Interested in gch re-
port shall deem the same unjust 10 any matter affect
ing the amount Of the compensation 70 be paid, the
company or such party may appeal therefrom, any
time within twenty days after die service ofnoaice
filing Of said report. The party appealing shall hIs
with whom the report shall have been filed, stating
the grounds Of the appeal, and serve a copy thereof
the opposite party within the time above prescrb
ed for taking appeal, and by giving bond in such
penalty a. the judge Of the same court shall prescribe
conditioned to prosecute the appeal without unnSces.
sarv delay, to abide the order the court may make on
such appeal and to pay the costs of the appeal il he
shall fail to sustain the grounds Of error injustice
prescribed in his notice Of appeal. Upon the filing
Of the notice and bond for appeal with proof by a
ed, all further proceedings on the report shall be
stayed until the further order Of the court, and the
upon such appeal shall be entered, proceeded in
and determined 10 the same manner as cases on ap-
peal from courts OF justices of the peace and in case
the appeal shall involve the determination of any
question Of fact, the shall be tried by jury,
less the jury shall be waived by both parties. The
report Of the commissioners shall be final and conclu
sive unless appealed from in the manner above pre-
| scribed. Whenever the company shall take an ap-
peal from any report OF commissioners, such appeal
shall stay the work the said road and canal or
other structure the premises or lands involved in
the appeal, provided the company shall deposit in
court the amount awarded assessed by the report
or part portion Of the report appealed from, to
abide the order to be made by the court the ap-
peal. "i. f
fro BE CoNcLUDED.l
exchanges bring numerous extracts from the country
papers Of Michigan, by which appears that the y