Daily globe. [volume] (St. Paul, Minn.) 1878-1884, 1883-03-19

thereon for such order No village, or any officer
thereof, shall have power 10 issue at any time
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. 20. 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,
large or extend drains, canals or sewers. alter,
widen or straighten water-courses therein. or take
ground for the use or improvement of harbor, and
it shall be necessary to take private property there
for, they shall cause an accurate survey and plat
thereof to be made and filed with the recorder. and
they may purchase take by donation such
grounds as shall be needed by agreement with the
owners, and take from them conveyances there
of to the village for such 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 occupants so
far as known and therein fix 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 appraise the same. They shall there
upon cause to be made by the recorder notice of
the adoption of such resolution embracing a copy
thereof and notifying all parties interested that the
council will, at the time and place named, apply to
the justice named for the appointment of jury
to condemn and appraise such land A copy of
such notice shall be served by any constable on the
owner Of each such parcel of land to be taken if
known and resident within the county,
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. If the notice cannot he
given as to all the parcels. then the shall be
also published oncein each week for three sue
cesslve weeks, in newspaper published IN such
village county: and the affidavit of the printer
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 therein for such application. If any
person served with notice shall be minor, of
unsound mind, the Justice, before proceeding, shall
the day fixed for hearing such application, APP
point for him guardian for the purpose of such
proceeding, who shall give security TO the satsfac
ton of the magistrate, and act for such ward.
Sec. "a. At the time and place fixed for such
hearing. the application, accompanied by a copy of
such resolution and such survey, and by proof of
service of the notice, provided in the last
section, shall be fled with the justice, who shall
thereupon make list of twenty-four competent
jurors, not interested, but residents of the village
shall not be disqualified. He shall hear and decide
any challenges for or favor made to any one,
and, If sustained, shall replace his name with an
unoblectionabe Juror, until the list shall be per-
fected. Thereupon, under direction of such magis-
trste, each party-the village council by its
sentatives On one side, and owners of land their
agents present, or if none be present, they dis
agree, adisiuterested person appointed by the JUS
tice, on the other-Shall challenge six names.
one at a time, alternately, the village council
beginning. To the twelve jurors remaining,
such justice shall issue venire, requiring
ten not less than three days thereafter, to ap
pear before him to be sworn and serve as jury to
view lands ard appraise damages, and at the same
time, shall publicly adjourn the proceedings to the
time and place named; such Venire shall be
served by any constable, at least one day before
such appointed time, by reading the same to each
such juror, or 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, fail to attend, he shall direct other disiu-
terested persons to be forthwith summoned in their
stead until twelve be obtained. The magistrate
shall then administer to Them oath that they
shall well and truly inquire into and 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 magistrates
the jury shall view the lands to be TAKEN and shall
then sit before him to hear such competent evil
dence as shall be produced by any party; and fol
such purposes such magistrate shall possess the
same powers as court III session 18th jury, and
If there be necessity may adjourn the sitting from
day to day. The jury shall render separate YER
dict in writing, signed by them in which they shall
find whether 1t be necessary 10 take such lands Oh
part thereof for such purposes, describing such
as they find necessary to be taken; and if any be
found necessary to be taken, then verdict or ap-
| praisement 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 Snail deduct therefron
any special benefit, If any, TO be enjoyed bv eacf
from such Improvements; aud a majority of suct
| jury may render such verdict or appraisement Of
| damages and shall sign the same. Any technica
error in such verdict may be Immediately corrected
with the assent of the jury, and they shall be there
upon discharged, and their verdict filed 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 lane
| owner whose land has been found necessary to b.
| taken may appeal from the award of damages tt
him, in such verdict. to the district court and tn:
village may likewise appeal from the award of dam
| ages to any owner by fling with such magistrate
| notice of appeal, specifying whether the apDec
| l. from the whole award to him a part, and i:
part, what part, and Herewith undertaking will
two sufficient suretles, to be approved by the mag
istlate, TO pay all costs that may be awarded agans
such appellant on the appeal, and paying the mag
istrate for his return thereof. Any party not s.
appealing, shall be forever concluded by such yer
dict appraisement Upon an appeal ben
taken, the magistrate shall transmit to the clerk
the district court, within ten days, the notice o
! appeal and undertaking, and thereto annexed
copy of all papers and proceedings before him, wit
| his certificate thereof. He shall, after the time TO
appealing is expired, file with the village recorder
annexed together, all the original papers, Including
the verdict, with a certificate by him thereof. an
that no appeal has been taken from such verdict
except the facts are, which he shall briefly spec
such proceedings. Upon fling such tran
script in the district court, the appea
shall be considered an action pending III such cOur
and be so entered the land owner as plaintiff, tn
village defendant and be subject to trial and az
peal to the supreme court. The case shall be trie
by jury unless waived, and costs shall be awarde
against the appellant, if more favorable verdict b
not obtained: otherwise, against the Respondent
Upon entry of judgment, the clerk of the distriC
court shall transmit certified copy thereof to Ii
| village recorder
Sec. %. If the verdict of the jury first Gale
find it necessary to take sucn land or any pal
thereof, the village board may, upon return thereC
| to the recorder, enact on ordinance IN accordanC
! Herewith, for laying out, changing, widening
extending and opening any such street, lane, ale!
! public ground, square other public place, {
constructing and opening, altering, enlarging
| extending any such drains, canals or sewers, {
altering, widening or Strengthening any sue
| water rse, for the use or improvement
of harbor but shall not enter upon any such Ian
therefor until the be paid in full the dam
ages be apart for him in the hands of the treas
/ | urer. and order therefor lawfully executed
him be deposited with the clerk to permanently re
main subject to his order. At any time befol
causing any such land to be actually taken or pI
} to public use, and before the rendition OF JUDI
ment in the district court for damages, the vllag
board may discontinue all proceeding theretofol
taken, and the village shall in such event be lab
for the costs only Ali the costs of every such pre-
ceeding shall be paid by the village, except when
recover costs in the district court.
Sec. %. For the purpose of payment Of the e1
penses, including all damages and costs INQUIRE
for the taking of private property, ana of maxim
any Improvement mentioned in the last precedir
section, the village council may, by resolution, lev
and assess the whole, any part not less thu
half of such expenses as tax ups
J such property as they shall determine