The herald. (Big Stone City, Dak. [S.D.]) 1883-1890, 1885-04-17
fcIry OF BIG STONE CITY.
The incorporating Charter and
Bill Establishing Independent
school District No. Two.

Bill Es,ablIshinR independent
school District No. Two.
CONDEMNATION.
Whenever the city council shall deem 1t
necessary to appropriate any private property
for establishing, changing, opening widening
extending or grading any street, highway. or
alley. OF tor locating or laying out any park
or public grounds, or tor the use OF the city
in any public Improvement, the said council
shall by resolution, passed by two-thirds
majority Of all the members elect, declare
such appropriation necessary to Be made,
and the district Judge shall. after ten days
notice to the parties interested IN such prop
erty by personal service, or by leaving q copy
thereof at the dwelling house of tho party. or
in case Of non residence in the Territory or
unknown parties, by publication. as the judge
may order, appoint three disinterested tree
holders uf the city a. commissioners, who
shall be duly sworn to perform the duties of
their appointment, impartially and Justly,
and shall thereupon assess the damages to the
parties interested in the property taken by
such appropriation, and report to the city
council said assessment. and if the same be
confirmed BY the council BY atwo-thirds ma
jority, the damages assessed shall be paid to
the parties or deposited with the city treasur-
er. subject to their order. and the property
taken for the useot the city; if the assessment
be not confirmed. in whole or in part. pro-
ceedings may Be taken anew to assess the
damages.
Sec. 46. Any parties whose property is
thus appropriated may obta in review Of said
report BY the district court. by fling . certified
copy. with written exceptions thereto, in the
once OF the clerk OF said court. within thrt J
days after the confirmation OF the same, or
nlay obtain trial by jury in said 60
the question Of damages. only =. ng such
certified copies OF said report VIII. notice ol
appeal in the said clerks Office, within the
| same time; III either ase the certified COPY
OF the decision Of the district court NAV be
transmitted to aud filed with the city clerk
The powers Of the district court on any such
review or appeal shall be the same Is
proyidedIby the laws ofthe Territory in rail-
road condemnatio cases; provided, that no
review or appeal shall delay or obstruct tn,
appropriation OF the property or the improve
ment sought to be made, il the city shall frs
deposit with the clerk Of the district court the
amount OF money assessed As damages b,
! the commissioners
See. II. In any ordinance OF the city the
city council may prescribe fine not TO ex.
coed i've hundred (5Ool dollars, q imprison-
m~nt IN tue Jail or any oity Jail not to exceed
one hundred days, or both such fine and i'm
prisonment, tor violation thereof.
Actions tor violations OF said ordinances
may be bre0gLt IN the name OF the corpora
ton.
In case OF judgement OF conviction the cost,
OF the seton may be taxed ag gslnst the de-
fendant. and in case Of jud cement imposing
dne. the court may order the defendant &c
stand committed until the judgement and
costs are paid; pr divided. that imprisonment
in such cases shall satisfy the judgment and
cosss at the rate o. one IL dollar per day. and
during impsfsonment in such cases the de.
fendAnt may be required 10 wcrk on the
streets R elsewhere. under the direction O
the street commissioner or marshal. under
guard OF weight and chain, and white sc
working shall have credit on the judgment 4,
the rate ot ose ~ dollar aud 1ity l5O) cents
per day.
All 6nes and penalties and forfeitures re-
| covered or collected under the provisions OF
this act. or OF any CITY ordinance, shall be
pAid to the city treasurer tor the sse OF III {
city.
SEQ. ~. This act shall take effect and be
in iofc@ from and after it, passage and ap-
proval.
Approved. March 18th, 1855.