The St. Cloud journal. [volume] (St. Cloud, Minn.) 1866-1876, 1872-03-14
Of the General Statues relating to G

chapter %, VI Tue general statutes, be An(
the same Is hereby amended 10 as to rea,
as follows
Section ID. Such corporation ma,
present to the District Court in aud for th,
county, in which any lands or real estat,
proposed to DO taken, shall DO situate,
petition eigned by the president ane
secretary OF such corporation, setting for.f
description OF the enterprise TO be pro
secuted by them, and describing will
reasonable certainty and accuracy BY
map. plat or otherwise, the lands, propert,
aud estate, which it will be necessar :
to appropriate, take use or overflow TO,
the purposes of such enterprise in sale
county, setting forth the name of each and
every owner, incumbrancer or other per,
son interested in the same or any part
thereof, 80 far as the same can be- a.
certa'ned by the public records, aud BY
view OF the premises or other inquiry
touching the occupation thereof, and pray
ing the appointment of three competent
dis'nterested persons as Commissioners to
ascertain and determine the compensation
to be made to such owner or owners re-
speclively, and to all tenau.s, incum.
brancers and others Interested, for the
taking or injuriously affecting such land or
real estate.
| SEC. q. Section Is of said chapter Is
hereby amended so as to read IS follows :
| SEQ. Is. A notice stating briefly the
obejcs OF the petition, and containing q
description Of the lands proposed to be
taken, aad stating the time and place, when
and where the same will be presented to
the court shall be- served on each and ey
cry person named therein 40 owner. in.
cumbranGer, tenant or otherwise interest
ed thsrein, at least ten days previous t.
the time designated in such notice for the
presentation Of such p t't'on. Such ser
Vice shall be made by .:,:', e''ng n C py of
sach notlce 10 each .: tie t'ers ms 81 ..amed
therein, II q resident oi tails state, or in
case Of the absence OF such person b i,
leaving copy Of such notice at his or her
usual place Of abode, with some person OF
suitable age and 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 OIL
their guardian, or in case no guardian
shall have been appointed, then on the
person who has the care ana custody of
OF su:h minor in case Of idiots, lunatics
or distracted persons, on thoir guardlaa or
committee or in case no guardian or
committee shall have been appointed, then
on the person in whose care or charge
they are found in case Of fems covert, on
the husband as we'll az on the feme covert.
Ia all cases where the owner or person
claiming an interest in such real property
10 non resident OF this state, or " nore the
residence of such owner or person is un
known, aud an affidavit by the agent or
a.torn. y Of the corporation shall be Aied,
s.owl"x that such owner or person is a
nou Resident OF this state, or that after
dilixcnt inquiry his residel 90 il unknown
or canno, be ascertained by such dspoaent,
service Of such notice may be made by
the puhl:.:...:on thereof in any newspaper
published 10 the county where such iaads
are situate, once q week for three succes
shall be published in said county, then
such publication may DO had in newspa
per published at the seat Of goverumoat of
this state !; aud such publication snall be
deemed service upon each Of such uoa
resident persons or persona whose 70
| sidance 10 unknown. Daa proof of the
ssrvlce Of such notice, by tho affidavit Of
the person serving tue same, or by the
printers affidavit Of publication shxll be
| tiled 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 as to the
person not served but all persons having
been served with notice as herein provld
| ed, either by publication or otherwise,
| shall DO bound by the subsequent proceed.
| lngs. In cases where the enterprise shalt
| be located through or upon school or
University lands, or any other lands bs.
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 state, in like man
ner a. to private persons or corporations
SEC ,. Section Is Of sid chapter ia
hereby amended so as to read as 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. 1. Section II, of said chapter is
hereby amended 50 az to read ss follows:
Section IT. Att time and place ap
pointed for hearing said petition if The
court shall have satisfactory proof that all
parties Interested in tho lands described
in said petition have been duly served
with the said notice as above prescribed
| and shall be further satisfied by competent
proof, that tho public interests require the
prosecution of such enterprise, and that
che lands or real estate proposed to b.
taken are required and necessary for tn e
purposes of such enterprise, the court may
make An order to be recorded in the
minutes thereof, damaged, ovo,f wed
appropriated or used by or for
the purposes Of said enterprise,
and which are described in said
petition, aud shall hear the allegations
and testimony Of all p.rties interested,
and proceed to make in each case q sepa~
rate assessment of damages which will
result to any person. corporation or com.
pany, ny reason OF the construction OF said
canal, telegraph line, railroad or improve
ment, and shall determine appraise and
award to the owners, of such land, pro-
perry easement or any other right. pro-
posa5 to be taken or inj uriously affected,
the amount Of damages arising to them
respectively from the taking or injurisusly
al 'ctirg their said land property or
estate for the purposes Of such enterprise
SEQ. 7. Section 10, :of isaid chapter is
hereby amended by striking out the
words, land shall give the SINE notice of
the fling Of their report IS of their meet.
ing" at the end Of said section, and insert
IN lien thereof the following words, v;s
and shall notify the parties interested ia
such report that the same 10 made and
6led. Such notice shall be served upon
the respective parties in the same manner
as the notice PROVIDED for by section Is,
Of said chapter as amended by this act
Provided, that if any appointing three
competent disinterested persons; PRESIDENT in
said county, commissioners to ascertain
and determine the amount to be paid by
such corporation TO each of such owners
or persons interested as compensation for
his or ner damages by reason of taking or
injuriously affecting any such land or real
estate and specifying tho time and place
Of the arst meeting of said com missioners,
and fixing their compensation. Before
entering upon their duties such commis.
sioners shall severally take aud subscribe
an oath, before some person qualified to
administer oaths, faithfully and impsrtially
to discharge the duties Of their appoint
ment.
SEQ :. Section ls, Of said chapter IL
hereby repealed.
Sec 6. Section 10, Of said chapter
is hereby amend 30 as to read az follows:
Section l9 The commissioners shall
meet at tho time and place mentioned 10
the order appointing them aud procesd to
examine the entire line of said canal, tel.
egraph line. railroad or ether improve
ment, or 30 much thereof as ia situate in said
county and described in said petition, and
all the lands, property and real estate,
which will be taken, such party shall haze
appeared by attorney service may DO made
upon such attorney.
SEQ. 3. Section ~, Of said chapter is
hereby repealed.
Sec. 9. This act shall take effect and
DO in force from and after it's passage.
Approved March l, 1871.
An Act in relation to Trials Of issues Of
fact in District Courts.
Be it enacted by the Legislature of the
State Of Minnesota j:
SECTION l. The judges Of tho several
district courts Of this state may, with cou-
oont ~ no pt,oo ter ioauoa ~ 1au opd foo, =.