St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1885-03-11

ouPPyiuS euc lily Ol 81 raul VIII pure
water either by fowage, drainage or other
wise, either by the consent of the. owner or
owners or not of the land used or occupied
that is not shown on their map or maps that
the owner or owners have not been settled
with, nor the lands paid for as required by
section eight of this act No injunction
shall be maintained against the Board of
Water Commissioners restraining them from
the use OF the lands, possession
or for damage to said lands
shall be maintained except as
provided in the following section.
SECTION ELEVEN.
The owner or owners of any such land or
lands may maintain suit for the recovery
of the possession of lands used by the Board
OF Water Commissioners for the value
thereof, and the damage thereto by rea-
Son of the taking thereof as aforesaid, either
oy howage, drainage or otherwise, or damage
OF any kind.
SECTION TWELVE.
The defendant, the Board of Water Com
mlssloners, may by answer admit and allege
the taking of the plaintiffs land for the use
OF the Board of Water Commissioners for the
purposes Of introducing water in the City OF
81. raul, and that no compensation has been
paid therefor and that the defend is ready
ana willing to pay such compensation upon
having the same assessed by the jury trying
the action, provided the plaintiff on the trial
shall establish his right to recover the land
in question.
SECTION THIRTEEN.
In all such actions where the defendant by
answer admits aud pleads as herein above
specified, the jury shall try, and by their YER
dict ind whenever the plaintiff is entitled
to recover for the land in controversy, and if
so entitled, the amount of com pensation to
which the plaintiff is entitled for the taking
and perpetual use of this land for the pur-
pose herein specified; provided, that when it
appears that the land was so taken, or appro-
priated by and with the consent and acqui-
escence OF the owner, such owner shall not be
entitled to recover any rents or profits which
accrued prior to demand for compensation
for such land, and he shall be limited to re-
covery in such case to compensation for the
land taken and damages.
SECTION FOURTEEN.
Upon a verdict finding that the plaintiff is
entitled to recover the land in suit and the
compensation due him for the taking and
perpetual use of such land judgment shall be
tuItIGu III SuuSLduCe dS lOIlOWS.
That the plaintiff have and recover from
the defendant, the land in suit or in line
thereof, the compensation fixed by the jury
with costs and disbursements, and reasona-
bic attorneys fees, to be fixed by the Court.
On the expiration of ninety (90) days after
the entry of the judgment aforesaid, if the
compensation, costs, disbursements, and at
torney's fees specified in the judgment are
not paid, then writ of execution shall issue
for the delivery of the possession
of the land described in the judy
ment to the plaintiff, and to satisfy
the judgment as to costs, disbursements and
attorneys Tee, out of any property of the
defendant.
SECTION FIFTEEN.
Whenever the Board of Water Commission
ers has located the line of its works or any OF
its appurtenances upon crop or over, across
or contiguous to any land or lots beongin z
to infant heirs, or other wards having any
interest therein, it shall be lawful for the
guardian of such heirs or wards to sell and
convey to the City of St. Paul, upon such
terms as may be agreed upon between said
guardian and said Board Of Water Commits
sioners such portion of said land or lots as
may be deemed necessary or required by said
board, and the right-of-way upon and across
the same, together with all such grounds and
rights as may be deemed necessary or re-
quired for any purpose by said Board in the
discharge of their duties, as herein provided,
subject only to the approval and con frmation
of the Probate Court of the county having
jurisdiction Of the matter Of the guardianship
of such heirs or wards; such approval and
confirmation shall be Endorsed upon or an
nexed to the deed or other instrument be-
tween the parties, and shall be recorded with
and as part of such deed or
instrument, in the Office of the Reg
lister of, Deeds in the proper county,
and shall be notice to all parties inter
ested of the facts therein stated,
Provided, That before grsnting such ap-
proval and confirmation the Judge OF Probate
shall require a petition subscribed and veri-
fed by such guardian and signed by the Pres
ident of the Board of Water Commissioners
or by its attorney, to be filed in such Probate
Court, setting forth the names of such heirs
or wards, the name of the Board Of Water
Commissioners, a description of the lands or
lots to be conveyed, the terms Of sale and
that price to be paid is the just and full value
of the lands or lots intended TO be conveyed to
said Board, and upon the filing of such petition
the Judge of the Probate Court shall deter
mine the matter without any further formal
ity, notice, order or delay whatever.
SECTION SIXTEEN.
Said Board is hereby authorized to resurvey
the line of its works heretofore or hereafter
to be located. and to relocate said line or any
portion thereof the same as though said line
had not heretofore been located In case Of
making such new survey and relocation said
Board shall proceed in the same manner as
is provided in sections seven, eight and nine
of this act, and all the provisions of said sec
tons shall in all respects be appli-
cable to the proceedings for such
resurvey and relocation, and the effect there
Of and of constructing, using and operating
its works over said relocated lie.
1t may join its proceedings for such re-
survey and relocation with any proceedings
for extending its said works. Provided,
that il said Board shall in the proceedings
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 proceedings, the
amount so paid in shall be deemed pay
ment to such person upon the amount which
may be- awarded in the proceedings hereby
authorized.
SECTION SEVENTEEN.
Any person who shall willfully and with
out authority from said Board break, remove
or damage any dam, bulkhead, gate. gate
house, conduit, air-vent, air box, air-box
cover, maiu-pipe or culvert, or fill up,or par
tally fill up any excavation or raise or open
any gate, break down or force open any
doors of said works, executed, constructed
aud maintained for the purposes specified in
this act shall on condition thereof, be pun
ished by imprisonment in the state prison
for term OF not more than ten years nor less
than one year.
SECTION EIGHTEEN.
Any person who shall without author
ity from said Board lay any main or
service pipe, or take water therefrom,
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