The weekly pioneer and Democrat. [volume] (Saint Paul, Minn. Territory) 1855-1865, 1858-05-27

and il shall be necessary fog said Company 70
have a map rade OF al lands which they re.
qaire for the purposes Of the Company, and file
ths same in the Office o! the Clerk Of the Conr,
Ia said county; and then Il shall be lawful for
the sad Company, by ia Officers, Agents, En-
gineers, superintendent, Contractors, Work
men and other persons employed by them, 10
enter upon, take Possession 81, have, hold, oc-
cupy and enjoy the lands designated in said
map, for the purpose Of completing the work
here IN contemplated. and keeping the same
IN repair, subject to such compensation TO the
owner or owners as may be agreed upon.
SIC. 2. II the said Company, It's Ofcers orr
Agents cannot agree with the owner or owners
ofsuek required lands for the use or purchase
thereof, or If, by reason OF the legal inc pacity
or absence Of such owner or owners, no agree.
ments can be made, the said Company shall
give notice 10 the persons interested. IL known,
and Ia the state, or II unknown, or out U. the
State, by publication in two Of the daily papers
published IN st. Paul, that they intend to make
application TO one Of the Judges OF the Supreme
Court IN said State, on day and at place to
be named in said notice, not less than twenty
days from the service or publication OF such
notice, for tho appointment U! three commits.
hiOners to ASSESS the damages which such own.
er or owners shall sustain IN consequence OF the
occupation and erecti0ns aforesaid and on the
day and at the place specified IN said notice,
the said Judge shall make said appointment
under his hand and SEAL and il shall be the duty
OF said Commissioners TO take and subscribe
an oath or Affirmation before some person au'
thorzed to administer the same, that they will
faithfully and fully examine the matter in ques-
ton, aud make true report according TO the
best Of their skill and understanding. The said
Commissioners shall then Tx upon place and
day Of meeting, giving the parties interested
notice (as herelnbefore dIrected) not less than
ten days before, Of the time and place OF their
meeting and on the day 50 appointed, they
shall proceed to view tho said lands and make
just and equitable estimate Of the value OF
the same, ana estimate the damages which will
ensue from such erections aud conversions, and
the heuehts which will accrue theretrom to the
Ian! axps-s, sne hey sSa!l Fs--..: IA ws!:fiss
to the parties interested. the amount which the
Company must pay each owner, which report
the Company shall tile in the Office Of the Clerk
OF Ramsey county; and copy thereof, cert.,
fed by said Clerk, shall be considered good and
sufficient evidence Of the right OF said Company
TO have, hold, use, occupy and enjoy the land
50 entered upon and II shall be the duty OF
said Company to pay the said owner or owners
the amount thus determined, or in case til own
er or owners refuse 10 receive the same, or live
out OF the Territory, or are incapacitated by
law TO receive the same. then the said sums
shall be paid and delivered to the Clerk Of said
county, to be by him retained for such owner
or owners, ard in making payments in either
OF the ways above stated, the title Of the prem
ises mentioned in said award and 50 paid Tor,
shall be vested in said Company.
SEC. ). II the said award be not satisfactory,
the said owner or owners may appeal TO the
District Court of Ramsey County Ut It's follow
ing term whereupon the Court shall proceed
to hear aud determine the matter and if the
jury shall find q greater sum than the com mis-
siOncrs had awarded in favor OF said owner or
owners, then judgment thereon, with costs.