Daily globe., 1881-03-10

water, or if any promise or contract
made to or for them, and also for any in
jury or trespass or nuisance done or
caused or procured to be done to the wa
ter courses, pipes, machinery, or any
apparatus belonging to or connected with
any part of the works, or for any improper
use or waste of the water.
Sec. Z. That each member of said
board shall, before entering upon the dis
charge of their official duties, take and
subscribe an oath of office and give bond
in the sum of five thousand $1,000 dol
lars, to be approved by the common coun-
cll, conditional that he will faithfully and
honestly discharge the duties of his Office
or appointment, and the SAID board shall
require from the persons employed by
them official bonds for the faithful per-
formance of their duties; said bond shall
be approved by said board.
Sec 8. The city of Saint Paul shall take
and hold the lands and real estate. rights,
franchises and property of every kind so
purchased from and transferred by the
Saint Paul water company as aforesaid,
and any other lands, real estate or
property necessary for the construction
OF any canals, aqueducts, reservoirs or
other works for conveying or containing
water, or for the erection of any buildings
or machinery for laying any pipes or con-
duits for conveying the water into or
through the said place, or to secure and
maintain any portion of the works, and
in general to do any other act necessary
or convenient for accomplishing the pur-
poses contemplated by this act.
Sec. 9. That the city of Saint Paul
may, from time to time, for the purpose
of furnishing full supply of water to
the inhabitants of the city of Saint Paul,
extend its works, and as it shall from time
to time so extend its said works, it may lay
and draw water from any lake or creek by
means of pipes, bitches, drains, conduits,
aqueducts, or other means for conducting
water so as to connect said lakes or creeks
with its said works, and may erect and
construct dams, bulkheads, gates, and
other needed structures and means for
controlling of water and its protection.
Sec. 10. Whenever, at any time,
said board shall propose to ex-
tend it's said works so as to
connect with any of said lakes or
creeks it shall proceed as follows: Said
board shall cause to be made survey
of the line along which it shall so pro-
pose to extend its said works and of all
lands or other property to be affected by
f1owage, drainage, or otherwise, and for
that purpose it may, by it's officers and
agents, enter upon any lands, doing no
unnecessary damage thereto. After such
survey shall have been made and such
| line located it shall cause to be made a
| map showing the location of said line
and the lands necessary to be taken for
~ vo, dc ~Nf1 Inn,
property to be affected by fiowage, drain
age, or otherwise. Said map shall be &C
knowledged by the surveyor making the
same and by the president of the board
of water commissioners, and shall be filed
as record in the office of the register OF
deeds of the proper county. And after
making compensation as hereinafter pro-
| vided to the owners of, or persons inter
ested IN the lands so to be taken, said
city shall have an easement in said lands
designated On said map, for the purpose
of making, constructing, altering, pro-
tecting and keeping in repair its said
works, and Using and operating the
same.
Sec. H. Said board shall make appli-
cation to the judge of the district court
of the county wherein the lands are sit
uate, at chambers, for the appointment of
three (3) commissioners to assess the dam
age which the owners of, or persons
interested in the lands to be taken, or any
other persons may sustain by reason of
| the taking of such lands or of the con-
structing, use and operating Of such
| works. Notice of such application shall
be given by publishing the same in a
newspaper printed in the county wherein
the lands are situate, for at least twenty
| (20) days before the day of making such
application, which notice shall specify
the name and place where such applica-
tion will be made, the points between
which it is proposed to extend said works,
and state the date of filing the said map.
At the time and place specified in said
notice, said judge shall, upon proof to
his satisfaction, by affidavit of the due
publication of said notice, appoint by an
instrument under his hand, three (3)
commissioners to assess said damages.
Such commissioners shall make and SUBJ
scribe an oath or affirmation that they
will faithfully and fully examine the
matter in question, and make true re-
port thereon, according to the best of
their skill and understanding. They
shall appoint time and place of meet
ing for the purpose of making such ex-
animation, and give notice thereof by
publishing such notice in a newspaper
printed in the county wherein the lands
are situate, at least ten (lO) days before
the day so appointed. On the day SO
| appointed they shall proceed to
| view the lands so to be taken,
and hear any evidence as to the
damages which any person may sustain
by the taking of the same or by the con-
struction, use and operating of the works
of the city, and shall continue their ex.
animation until the same shall be COM
pleted They shall make just and
equitable estimate of such damages and
shall make and file in the office of the
clerk of said court a report in writing
signed by them or any two ~ of them, in
which they shall state the amount which
said city should pay to such person or
corporation who may who may] sustain
any damage by reason of the taking of
such lands, or by reason of the construct
ing, use and operation of such works.
Upon said report being filed, said city
may pay into the clerk of said court, for
the use of the parties entitled thereto, the
several amounts so awarded by said re-
port, and ithereupon said city may enter
upon, possess, have, hold and. enjoy said
lands for the purposes aforesaid, and may
proceed to construct, use and operate its
said works and extension thereof Said