Daily globe., 1879-04-11
ID Eue5s
Approved March 6, 1879.

approved by the board of commissioners of his
county, conditioned that he will faithfully and i'm
partially fulfill the duties of his Office.
Sec 2. This act shall take effect and be in force
from and after it's passage.
Approved February %, 1879.
RELATING TO RAILROADS.
-
AN ACT to authorize railroad companies or
receivers thereof to determine the validity of
proceedings approDriating land fol railroad
purposes and to make compensation for such
land.
BE 1t enacted by the Legislature of the State of
Minnesota:
Section l. Whenever any person entitled to
omponsation for lands heretofore taken or at
tempted to be taken for railroad purposes shall
refuse or neglect to receive from the proper
company or the receiver thereof or otherwise
the compensation awarded therefor by commits
s1oners acting or assuming toact in that behalf
upon the ground of the irregularity or illegality
of the appointment OF the commissioner or Of
the award or OF any of the proceedings or 9th
erwise, the railroad company interested in the
premises, or the receiver thereof where no ap-
peal from the award has been taken, NAV bring
an action against such person for the purpose
OF determining the validity of such appoint
ment, award and proceedings, or either, and in
such action the plaintiff may also allege that if
the proceedings are held invalid, the plaintiff
full compensation for the land SO taken or
sought to be taken to the extent of the defend
ants interested therein.
Sec 2. If the defendant in his answer
disputes the validity of such proceedings, or of
such appointment or award, the court shall first
determine such issue and the nature Of the de-
fendant's title, and if the finding is adverse to
the defendant, judgment SHALL be entered &C.
cordingly. If, however, it shall be determined
that the defendant has an in crest in or title
to such property, and that such proceedings are
invalid, the court shall so find and shall also
determine and ind for the defendant the full
value OF his interest in the land so taken or at
tempted to be taken at the time of such find
ing. Provided, however, that on any or all of
the issues raised, either party shall be entitled
to jury trial, and provided, further, that the
Pialntlf cannot recover costs or disbursements,
and provided, further, that a judgment adverse
to the defendants shall not preclude him from
his rights in any award made by the commits.
sioners.
Section 8. Upon finding or verdict in favor
of the defendant, and determining the COM.
pensation due him for the taking and use of
ms land Tor railroad purposes, Judgment shall
be entered IN substance as follows; That all the
right, title and interest of the defendant in the
land IN controversy be taken and appropriated
for the use Of the railroad naming it by the
plaintiff (if the company is plaintiff or (if the
receiver is plaintifl by the plaintiff to the
use OF and for the benefit of the com pany
Upon the plaintiff paying to the defendant or
into court for the benefit of the party entitled
thereto, within sixty days from the Judgment
the compensation adjudged with interest. costs
and disbursements, and that upon failure to so
make such payment, the action be dismissed
The effect OF such payment shall be to vest in
the railroad company, if the company i the
plaintiff, or in the receiver for the corapanv if
the receiver is plaintiff all the right, title and
interest of the defendant in the lands 80 taken
to the same use which the company could ar
qulre by condemnation under their charter or
the general laws of this State, and the court
may enter an order or final Judgment to that
effect when such payment is made
Sec. f.. The plaintiff may at his option ioin
as defendants all parties having any interest in
or lien upon the property OF making any claim
thereto, ana may also in the same complaint
include two or more tracts of land owned or
claimed by different parties, with the right,
however, of the owners Of different tracts to
demand separate t.ials.
Sec. 3. The action given by this act shall in
all respects except as herein otherwise provided.
be governed by the same rules of practice and
procedure as to service of summons, new tri-
ais, appeals or otherwise as other actions
brought to determine conflicting claims to real
property under the laws of this State.
Sec +. This act shall take effect and be in
force from and after its passage.
Approved March II, 1879.
43
AN ACT to facilitate the operation and con.
struction of the Northern Pacific railroad.
Be 1T enacted by the legislature of the State of
Minnesota:
Section /. The Northern Pacific railroad
company shall have the right and authority
under and pursuant to the general laws of this
State, as set forth in sections numbered thirteen
fourteen, fifteen, SIXTEEN seventeen, nineteen
twenty, twenty one, Twenty-Five twenty-three
twenty-five, twenty-six, twenty-seven, TWENTY
eight, twenty-nine, thirty and thirty-one of ii
tie one a. of chapter thirty-four (34). of the
general statutes Crevision of 1867 as amended
by chapter So of the general laws of A. d. 1872.
and chapter IA of the general laws of A. D. lS7.s
to condemn for public use, and to acquire aiffik aiffk
hold all the real estate and property that are or
may be needed by said company for right of
way, depot grounds, engine houses, machine
shops and for all other purposes for which such
real estate or property is or may be needed by
said company, in the operation or construction
of any line or lines of railroad, Including not
only all lines of railroad that have been or NAV
be constructed or acqui4ld by said company.
but also all other lines of railroad that now are
or may hereafter be operated either entirely or
- part by salo company under any lease, con-
tract or other arrangement between said COM
pany and any other party or parties
sec. q This act is hereby declared to he a
pubic act, and shall take effect and be in force
from ana after Its passage.
Approved February IA, 1879.
AN ACT defining equal rights to railroads of
different gauges.
Be- it enacted by the Legislature Of the State of
Minnesota: =
Section l. That when the words s.railroad''
or railroads" is used in any general or special
law of this State, the same shall be deemed to
apply alike to all railroads, without reference
to the gauge thereof.