Morris tribune. [volume] (Morris, Minn.) 1880-2000, 1883-05-30


thereon fer such order. No village, any officer
thereof, shall have power to issue at any time any
Negotiable order or borrow money, except In the
manner and for the purposes expressly declared by
statute.
| LAYING OUT OR ALTERING STREETS, ALLEYS ETC.
Sec. % Whenever the village council shall IN
tend to lay out and open, change, widen or extend
any street, lane, alley. public grounds, square or
other places or TO construct and open, alter, en-
large or extend draluS, canals or sewers, or alter
widen Straighten water-courSeS therein. or take
ground for the use or Improvement of harbor, and
1t shall be necessary to take private property there
for, they shall cause accurate survey and plat
thereof to be made and filed with the recorder and
they may purchase or take by donation such
grounds as shall be needed by agreement with the
owners, and take from them couveyances there
Of to the village for such use or in fee; but
otherwise they shall by resolution declare their
purpose to take the same and therein describe by
metes and bounds the location of the proposed i'm
provements and the land proposed to be taken
therefor. defining separately each parcel and the
amount thereof owned by each distinct owner,
mentioning the names of owners or occupants SO
far as known, and therein nix day. hour and place
when and where they will apply to justice of the
peace resident in such village, for jury to con-
denim and appraiss the same. They shall there
upon cause to be made by the recorder notice of
the adoption of such resolution embracing copy
thereof and notifying all parties interested that the
council will, at the time and place named. apply to
the justice named Tor the appointment OF 2 jury
to condemn aud appraise such and. copy of
such notice shall be served by any constable on the
owner of each such parcel of land to be taken If
"
such service to be made in the manner prescribed
for serving summons in justice court, and the re-
turn Of the officer shall be conclusive evidence of
the fact stated therein. Ii the notice cannot be
given all the parcels, then the same shall be
also published once in each week for three sue
cessive weeks IN newspaper published IN such
village county and the affidavit of the printer or
foreman of such newspaper shall be conclusive evil
denCe of such publication Such notice shall be
served, and such publication made for three weeks
complete at least one week before the time
fixed thereln such aDDllCatIO Ii
person SO served with notice shall be minor, of
unsOuud mind, the justice before proceeding, shall,
Oh the day fixed for hearing such application, ap-
point for him a guardian for the purpose OF snch
proceeding, who shall give security 70 the satiSac
ton OF the magistrate, and act for such ward.
Sec. ID. At the time and place fixed for such
hearing, the application, accompanied by copy of
such resolution and such survey, and by proof of
service of the notice, as provided in the last
thereupon make a list OF twenty-fOur competent
jurors interested but residents of the village
shall not be Disqualified He shall hear and decide
any challenges for or favor. made to one,
and. If sustained shall replace his with
Unobiactionahle juror until thA list shall be per-
fected HnereupOn, under direction of such msgis
trate, each party-the village council by its repre-
senratveS on side, and owners OF lard or their
agents present, or if none be present, or they dis
agree, adisinterested person appointed by the jus
tice, on the OtLeT-shall challenge six names,
one at tins, alternately, the village council
beginning. To the twelve jurors remaining,
such justice shall issue a venire, requiring
ten not less than three days thereafter, to ap
pear before him to be sworn and serve jury to
view lands and appralse damages, and at the same
time, shall publicly adjourn the proceedings TO the
time ana place named; such veniTe shall be
served by Die, a. least one Gay before
such appointed time. by reading the same TO each
such juror, by leaving copy at his usual place
OF abode in the presence OF member of his family.
The jurors summoned shall appear at the time
and place named: and if any be excused by the
JUSTICE or fail TO attend, he shall direct other disn
rereSted persons to be forthwith SUNNI oaed in their
stead until twelve be obtained. The magistrate
shall then administer to :hem oath that they
shall well and truly inquire into ard determine
the necessity for taking the lands men,
toned in the resolution, and if found necessary
the damages occasoned thereby, and faithfully dis
charge their duties as jurors according to law.
Sec. %. Under the direction of such magistrate
the jury shall view the lands to 5e taken, and shall
then sit before him to hear such competent evil
Gence as shall be produced by any party: and for
such purposes such magistrate shall possess the
same powers as court in session With jury, and
If there be necessity may adjourn the sitting from
day 10 day. The jury shall render a separate YER
diet in writing, signed by them, in which they shall
fad whether It be necessary to take such lands
any part thereof for such purposes describing such
as they hnG necessary to be taken; and If any be
found necessary to be taken, then verdict ap-
prsisement of damages, specifying therein the
damages of each owner, ana separately the value
OF the land taken for each and the damage otherwise
sustained by each by reason of the taking thereof,
in estimating which they shall deduct therefrom
special benefit, if any, to be enjoyed bv each
from such improvements; and majority of such
jury may render such verdict or aprrGisement Of
damages and shall sign the Any technical
in such verdict may be Immediately corrected,
with the assent OF the jury, and they shall be there
uBon discharged ana their verdict fled by the
magistrate. In case the jury shall fail to find
verdict, another jury shall be selected, summoned,
sworn, and proceed in the same manner
Sec 20. Within ten days after verdict any land
owner whose land has been found necessary to be
taken may appeal from the award Of damages to
him, in such verdict to the district court, and the
tl.f
ages to any owner by filing with such magistrate
notice OF appeal, specifying whether the appeal
l. from the whole award to him part. andi
part what part, and Herewith an undertaking with
two sufficient sureties, to be approved by the mag
strste, pay all costs that may be awarded against
such appellant on the appeal, and paying the mag
strate for his return thereof. Any party not so
appealing, shall be forever concluded by such
dict or appraisement Upon appeal being
taken, tho magistrate shall transmit to the clerk of
the district court, within ten days, the notice OF
appeal and undertaking, and thereto annexed
copy of all papers and proceedings before him. with
his certificate thereof He shall, after the time for
appealing is expired file with the village recorder,
annexed together all the original papers, including
the verdict, with certificate by him thereof and
that no appeal has been taken from such verdict.
except the facts are, which he shall briefly spec
ify: and the clerk shall record all
such proceedings. Upon fling such tran
script in the district court, the appeal
and be SO entered, the land owner plaintiff, the
village as defendant, and be subject TO trial and
peal to the supreme court. The case shsssbe tried
by jury unless waived, and costs shall be awarded
against the appellant If more favorable verdict be
not obtained: otherwise, against the respondent.
Upon entry of judgment, the clerk of the district
court shall transmit certified copy thereof to the
village recorder
Sec 81 Ii the verdict of the Jury first called
find 1t necessary to take sucn land or any part
thereof, the village board may, upon thereof
to the recorder, enact on ordinance in accordance
Herewith, for laying out changing, widening or
extending and opening any such street, lane alley,
lilo md Htla o,,1,n
constructing and opening, altering enlarging
extending any such drains, canals or sewers or
altering, widening or strengthening any such
water cou rse, or for the use or Improvement
Of harbor bat shall not enter upon any such land
therefor until the owner be paid in full the dam
ages be set apart for him in the hands OF the treas
urer, and an order therefor lawfully executed to
him be deposited with the clerk to permanently
main subject to Lis order. At any time before
causing any such land to be actually taken or put
to pubic use, and before the rendition of judy
nnent in the district court for damages, the village
board may discontinue all proceeding heretofore
taken, and the village shall IN such event be liable
for the costs only. All the costs of every such pro-
ceeding shall be paid by the village, except when it
recover costs in the district court.
Sec g. For the purpose OF payment OF the ex-
penses. including all damages and costs incurred
for the taking Of private property, and OF making
any improvement mentioned in the last preceding
section, the village council may, by resolution, levy
and assess the whole, or any part not less than
half Of such expenses tax upon
such property as they shall determine is
specially benefited thereby, making therein a list
thereof in which shall be described every lot or par
eel of land assessed with the name Of the owner
thereof. if known, and the amount levied thereon
set opposite. Such resolution, signed by the pres-
dent and recorder. shall be published once in each
week for two weeks i'll a newspaper printed regu-
larry In such village, or if there be no such
paper, three copies thereof shall be posted by the
recorder in three of the oost public places in such
village, and a notice Herewith that at certain
time therein stated the said council will their
usual place of meeting and hear all objections
which may be made to such assessment, or to any
part thereof At the time fixed, the said council
shall meet and hear all such objections and for that