Mower County transcript. [volume] (Lansing, Minn.) 1868-1915, 1872-05-16

The husband as we'll AZ on the fcme CO.
vert. In all cases where the owner or
person claiming an interest in such real
property is non resident of this state,
Or where the residence Of such owner
Or person is unknown, and an affidavit
by the agent or attorney OF the corpor.
alton shall be filed, showing that such
owner or person is u non resident of
this state, ar that after diliSent enquiry
his residence is unknown or cannot be
by such dcponcnt, service
Of such notice my be made by the pub
LEGATION thereof in any ncwspa-
per publ shed in the county where
such lands are SITUATE, once week
E>r three successive weeks; and in
case no newspaper shall be pub.
lished in said county, then such publ
cation may be had in newspaper pub
lished at the seat Of government Of this
state; and such publication shall be
deemed service upon each Of such non-
resident person or persons whose resi-:
dcnce is unknown. Due proof Of the
service Of such notice, by the affidavit
Of the person serving the same, or by
the printers affidavit Of publication
shall be fled With the clerk Of such
district court before the presentation Of
such petition want Of service Of sucl,
notice shall render the subsequent pro
cecdings void as to the person not scrv-
cd but all persons having been served
with notice il, herein provided,
either by publication or otherwise:
shall !e bound by the subsequent
proceedings. In cases where the
enterprise shall be located through or
upon school or university lands,
or any other lands belonging to this
state, such notice shall be served upo,,
the secretary Of state Or his assistant,
and the commissioners shall award dam
ages to the state in like manner rs to
private persons or corporations.
Sec. 3. Section IL of said chaptc,
is hereby amended so as to read as fol.
low
Section lG. The court may upon
the application Of the petitioner, or Of
any owner or party interested, for rca
sonable cause adjourn the proceeding,
from time to time, and may order new
or further notice to be given to any
party whose interest may be affected.
Sec. 4. Section II, Of said chapter
is hereby amended SO as to read as fol
lows:
Section II. At the time and place
appointed for herring said petition i
the court shall have satisfactory proc
that all parties interested in the land
described in said petition have beer
duly served with the said notice "a
above prescribed, aud shall BE- furthc
satisfied by competent proof, that tn
public interests require the prosecution
Of such enterprise, and that the land
or real estate proposed to be taken arr
required and necessary for the purpose
Of such enterprise, the court may max
an order to be recorded in the minute
thereof, damaged, overlooked, appropri
ated or used By Or for the purposes u
said enterprise, and which are dcscrib
ed in said petition, and shall hear til
allegations and testimony Of all partic
interested, and proceed to make i" eac
case separate assessment Of damage
which will result t" any person; corpor
alto" or company, by reason Of the II.
struction Of said canal, telegraph line
railroad or improvement, aud shall DE-
tcrm;ne, appraisc and award to til
owners of such land, property cascuIc'.
or any other right, proposed t. bc takc'
or injuriously affected, the amount .
damay es arising to them re 2cctivcl
from the taking or injuriously a1cctin;
their said land, property or estate Tor tn
purposes Of such enterprise.
Sec. 5. Section Is, OF said cllaptc
is hereby repealed.
Sec. 6. Section. 10, Of said cl,aptc
is hereby amended So as to read as tol
lows:
Section 10. The commissioners shal
meet at the time and place n'cntio"c'
in the order appointing them and pro-
coed to examine the 81, ire line uf Sail
canal, telegraph line, railroad or othc
Improvement, or so much thereof as
situate in said county and described il
said petition, aud all the lands, propc:
~ and real estate, which will bc take,
and when such party shall have appear
cd by attorney service may be mad
upon such attorney.
Sec. Z Section 90, Of said chaptc
is hereby amended by striking out til
words, land shall give the saul~ motto
Of the filing Of their report as u
their meeting" ut tho end q
said section, and insert in lieu there
Of the following words, viz and s!'a|
notify the parties Interested IN sucl
report that the same is made aud filed
Such notice shall be served upon tn
respective parties in the Same mamie
as the notice provided Tor by sectio'
Is, Of said chapter as amended by ,hi
act. Provided, that il any appoint;a;
three competent disiutcrestcd persons
resident in said county, commissioners It
ascertain and determine the amount t,
b. paid by such corporation to each .
such owners Or persons interested al
compensation for his or her damage
by rcasvn Of taking or injurious| J,
affecting any such land or real estate
aud specifying the time and place Of thu
first meeting If said commissioners, aue
fixing their compensation. Eetor,
entering upon their duties such commits
sioners shall sevcralIy take aud sub
scribe au oath, bcfure some perso,
qualified to administer oaths, faithful,
and impartially to discharge the dut'e
Of their appointment.
Sec. s. Section ~, of said chapter
is hereby repealed.
Sec. ,. This law shall take etfec
and be in force from and after its pas
sage. Approved March l, 1872.
An Act to Amend Chapter Eleven Of the Gen
eral Statutes relating to Taxea.
BE Il enacted ty tie Legislature IF tie State Q
A;nn~s1l<,