The St. Cloud journal., 1872-03-14

Of the asassal Statues relating Is oor
pofations.
!, b il enacted b ths L.sislasuts Of u,
State Of Minnesota !. n ss55s,S|
/ ssorloH !. That section s. ll, OF sais
chapter y, of The general statutes, bs Ans
the same y hereby amended % q torsas
q follows B
Section II Such corporation. ma,
present TO the District Court in and for ths
county, In which any lands or real satat,
proposed TO be taken, shall bs situats, !,
petition aignsd By the president and
secretary OF such corporation, setting forth
. description Of tie enterprise 10 be pro,
secuted ~ them, and describing with
reasonable certainty and accuracy By
map. plat or otherwise, the lands, property
and estate. which it wll be necessary
to appropriate, take use or over A0w for
the purposes Of such enterprise in said
county, setting forth the name Of each aud
every owner, sincumbrancsr or other per.
son interested in the same or any part
thereof, 90 far - the same can DO ~.
certaiRed BY the public records, and by
view Of the premises or other inquiry
! touchlng the occupation thereof, and pray
lag the appointment of three competent
disinterested persons as Commissioners to
ASCERTAIN and determine the compensation
TO De made to such owner or owners re-.
epectively, and to all tenants, incum.
brancers and others interested, for tka
taking or iujuriously affecting such land OF
real estate. ~ s.
SHo. 2. Section Is Of said chapter IL
hereby amended 30 40 to read as follows :
SEQ. IL. A notice stating briefly the
Objects Of the petition, and containing a
description Of the lands proposed to be
taken, aad stating the time and place, when
and whore the same will be presented to
the court shall be served on each and ev
cry pereon named therein 40 owner. in.
cumbranoer, tenant OF otherwise interest
cd thsrein, at least ten days previous to
the time designated in such notice for the
presentation Of such p:ttion. such ser
vice shall be made by delivering py of
such notice 10 each Of tae pers >us SD named
therein, it resident OF tais state, or in
case Of the absence OF such person b,
leaving copy OF such notice ut his or her
usual place Of abode, with some person of
suitable age aud discretion then resident
therein. In case of domestic corporations
such service may be made upon the prssi.
deGt, secretary, or any director or trustee
OF such corporation in case Of minors on
their guardian, or in ease no guardian
| shall have been appointed, then on the
persen who has the care ana custody Of
of such minor in case Of idiots, lunsrics
or distracted persons, on their guardian or
committee; or in case no guardian or
committee shall have bsen appointed, then
on the person in whose care or charge
thov np0 H0und in Oaao Nff fonnA oov>st ~
tho husband O we'll ~ On the feme covert.
In oil cases where the owEer or person
claiming an interest in such real property
10 non. resident Of this state, or where the
residence of such owner or person is un
known, aud an AFFIDAVIT BY the agent or
| ATTORNEY Of the corporation shall be AIed,
non resident OF this state, or that after
dilixcnt inquiry his residel 60 il unknown
or cannot bs ascertained by such dsponent,
the publi:s.ion thereof in any newspaper
published 10 the county where such iaods
are situate, once week for three success.
shall be published in said county, theu
per published at the seat Of government of
this state and such publication shall be
deemed service upon each of such non
resident persons or persous whose 70,
sidsnoe 10 unknowa. Due proof of the
service Of such notice, BY the a1ddsvit of
the person serving tue same, or by the
printers atadavit Of publication shxll be
died with the clerk of such district court
before the presentation of such petition;
want OF service Of such notice shall reuder
the subsequent proceedings void az to the
pcrson not served but all persons having
been served with notice - herein provid
ed, either by publication or otherwise,
shall be bound by the subsequent proceed.
ings. In cases where the esterprise shall
bs located through or upon school or
university lands, or any other lands be.
longing to this state, such notice shall be
served upon the secretary Of state or his
assistant, and the commissioners shall
award damages to the slate, in like man.
ner 40 to private persons or corporations
SEQ .. Section ls of said chapter is
hereby amended 80 a. to read % follows
Section l6. The court may, upon the
application Of the petitioner, or of any
owner or party interested, for reasonable
cause adjourn the proceedings from time
to time. and may order new or further
notice to be given to any party whose in
terest may be affected "--
SEC. l. Section II, of said chapter is
hereby amended 20 a. to read as follows:
Section II. At the time and place ap.
pointed for hearing said petition if the
court shall have satisfactory proof that all
parties interested in the lands described
In said petition have been duly served
with the said notice as shove prescribed.
and shall be further satisfied by competent
proof, that the public interests require the
prosecution Of such enterprise, aud that
the lands or real estate proposed to be
taken are required and necessary for the
purposes Of such enterprise, tho court may
make an order to be recorded in the
minutes thereof, damaged, overt ,wed,
appropriated or used by OF for
the purposes Of said enterprise,
and which are described in said
petition, aud shall hear the allegations
and testimony Of all parties interested,
and proceed to make in each case sepa-
rate assessment Of damages which will
results to any person. corporation or com.
psny, by reason OF the construction Of said
canal, telegraph line, railroad or improve
ment, and shall determine appraise and
award to tho owners, of such land, pro-
perty easement or any ether right. pro-
posed to be taken or injuriously affected,
the amount Of damages arising to them
respectively from the taking or injurisusly
a1sctirg their said lard property or
estate for ths purposes Of such enterprise
SEQ. Z. Section 40, sof said chapter IS
hereby amended BY striking out the
words, "and ishali give the seme notice of
the fling of their report - Of their mest-
ing" at the end Of said section, and insert
IN lien thereof the following words, viz
and shall notify the parties Interested iu
such report that the same 10 made and
hled. Such notice shalt be served upon
the respective parties 10 tue same manner
Is the notice provided for by section Is,
of said chapter a. amended by this act
Provided, that If any appointing three
competent disinterested persons; ;resldent in
said county, commissioners 70 ascertain
and determine the amount to be paid by
such corporation to each Of such owners
or persons interested ~ compensation for
his or her damages BY reason of taking or
injuriously affecting any such land or real
estate and specifying the time and place
Of the drst meeting Of said commissioners,
and fixing their compensation. Before
entering upon their duties such commis.
sionsrs shall severally take aud subscribe
an oath, before somo person qualified to
administer oaths, faithfully and impsrtially
to discharge the duties Of their appoint.
ment. :" '@ 5''.'s -s5 5-'. .s.',f :. f17i~
SEQ :. Section 10, Of said chapter IL
hereby repealed. E"5.' q ~s-5-f-'8 "f' p,
SEQ. 8. Section 10, o. said chapter
10 hereby amend 90 % to read - follows: :.
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