Daily globe., 1881-03-10

peal is taken in such sum as said judge
shall direct, conditioned that if such party
shall by the final judgment in the matter
recover greater sum than shall have
been awarded by the report of said COM
missioners the said city shall pay the ex-
cess to the clerk of the court for the use
of such party The payment by said city
in to the said clerk of the amount so
awarded by commissioners, and in case of
appeal of any excess recovered thereon,
shall be full compensation to all persons
and corporations forall damages which
may arise or accrue by reason of the
taking of said lands as aforesaid or of the
constructing, use and operating said
works. That the city is hereby author
lied to purchase any lands, property or
rights that may be affected by the con-
struction or operation of said works and
may compromise or obtain releases of
any pretended damages that may result
from the construction or operation Of
said works.
Sec IL. The clerk of said court shall
attach together and keep on file in his
office the said notice of application with
the affidavit of publication thereof, the
appointment of said commissioners, their
oath or affirmation, the notice given by
them with an affidavit of the publication
thereof, their report, certified copy of
any final judgment or appeal and his GER
tificate or certificates Of the payment to
him by said city of any moneys awarded
to any person or corporation. A copy
certified by said clerk of such papers may
be recorded in the Office of the register of
deeds Of said county, and the papers so
filed, said record, or a certified copy of
either shall in all cases be received as EVIL
dence of the facts therein stated.
Sec. l3. Said city is hereby authorized
to resurvey the line of its works hereto
fore or hereafter to be located, and to re-
locate said lines or any portion thereof,
the same as though said line had not
heretofore been located. In case of max
ing such resurvey and relocation said
city shall proceed in the same manner as
is provided in section ten (10), eleven (11)
and twelve (12 of this act, and all the
provisions of said sections shall in all re-
spects be applicable to the proceedings of
such resurvey and relocation, and the eff
| feet thereof, and of constructing, using
and operating its works over said relocat-
ed line. 1t may join its proceedings for
such resurvey and relocation with any
lOI CAICllAIuS3 1to odIO WOlAS,
Provided, that if said city shall in the pro-
ceedings heretofore or hereafter to be had
for locating its said line have paid unto
| the said clerk the amount awarded to any
person by the commissioners in said pro-
ceedings, the amount so paid in shall be
deemed payment to such person upon
the amount which may be awarded in the
proceedings hereby authorized.
Sec. IA. Any person who shall willful-
ly and without authority from said city,
break, remove or damage any dam, bulk
head, gate, gate house, conduit, air vent,
air box, air box cover. main pipe or cul-
vert, or ill up or partially fill up any ex-
cavation, or raise or open any gate, break
down or force open any doors of sad
works, executed, constructed and main
tanned for the purposes specified in this
act, shall, on conviction thereof, be pun
ished by imprisonment in the State prison
for term OF not more than ten (l0) years
nor less than one year.
| Sec. 15 Any person who shall without
authority from said city lay any main or
service pipe or take water therefrom, OF
| open or shut any service cock
OR fire hydrant, or remove or unscrew
wholly or partially the cap from such fire
| hydrants, or enter or form any conhec-
ton with or turn water into any tunnel
excavated or used by said city for the
purpose of laying its pipes, or who being
authorized by said board to take water
from main or service pipe into any
specified building or upon any
specified premises, or to be used for any
specified purpose, shall without authority
from said board use such water for any
other than such specified purpose or per-
nit any person to use the same for any
other than such specified purpose, or to
take the same out of such building, and
such other person so using or taking
such water or who without lawful au-
thority shall dig or e4cavate within six
| (6) feet Of any main pipe, gate, hydrant
or blow off of said works shall be deemed
guilty of a misdemeanor and shall be
punished by fine of not more than one
hundred (l0O) dollars and not less than
twenty (2O) dollars, or by Imprisonment
in the county Jail for term not more
than three (3) months nor less than
twenty Coy days, or by both such fine and
Imprisonment.
Sec. 16. That if any person or persons
shall maliciously or wilfully divert the
water or any portion thereof from the
said works, or shall corrupt or render the
same impure, or shall destroy or injure
any canal, aqueduct, pipe, conduit, ma
chinery or other property used or required
for procuring or distributing the. water,
such person or persons and their aiders
| and abettors shall forfeit to the said board,
to be recovered in civil action, treble
the amount of damages besides costs of
suit) which shall appear on trial to have
been sustained, and all such acts are
hereby declared 10 be misdemeanors, and
the parties found guilty thereof may be
further punished by fine not exceeding
one thousand $1,000 dollars or by i'm
prisonment not exceeding one (1) year, or
| both, at the discretion of the court.
| Sec. II. That said board, in behalf of
the city of SAINT Paul and all persons
acting under their authority, shall have
the right to use the grounds or
soil under any road, railroad,
highway, street, lane, alley or court for
the purpose of constructing, enlarging,
improving or repairing the works con-
templated by this act, on condition that
they shall cause the surface of such road,
railroad, highway, street, lane, alley or
court to be restored to its original state
and all damages done thereto to be re-
paired.
Sec 1s. That for the purpose Of pay
ing the cost of purchasing the capital
stock, property and franchises of the