The Worthington advance. [volume] (Worthington, Minn.) 1874-1908, 1885-03-26

issue venire, requiring them At an hour ON i.
day named. not more than ten OO) nor less than
three ~ days thereafter to appear before him to
10 sworn and servo a. . jury to view lands and
appraise DAMAGES, and at the same time shall
publicly adjourn the proceedings to tho time
and place so named; such venire shall be served
by any constable at least ono III day before
such appointed time. by reading the same to
each SUCH juror, or by leaving . copy at his
Der OF his family. The jurors summoned shall
appear at the time and place named; and il any
be excused by the justice. or fail to attend. he
forthwith summoned In their stead until twelve
he obtained. The magistrate shall then admin
lister to them an oatn that they shall we'll and
truly inquire into and determine the necessity
for taking the lands mentioned in the resolu-
ton. and ii found necessary, the damages oc-
casioned thereby. and faithfully discharge their
duties ~ jurors according to law.
SEC. rs. Under the direction Of such maQis-
trste the jury shall view the lands to be taken,
aud shall then sit before him to hear such COM
petent evidence as shall he produced by any
PARTY; and for such purposes such magistrate
shall possess the same powers q court in ses-
sion with u jury, and If there be necessity, may
shall render separate verdict in writing, signed
by them, in which they shall find whether it he
necessary to take such lands or any part thereof
tor such purposes describing such as they find
necessary to be taken: and il any be found
necessary to he taken, then verdict or ap-
pralsement Of DAMAGES, specifying therein the
damages Of each owner, and 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 theretrom any special benefit, II any, to
be enjoyed by each from such improvements:
and . m ljorivy OF such jury may render such
verdict or appraisement OF damages and shall
sign the same. Any technical error In such YER
dict may be Immediately corrected, with the
assent Of the jury, and they shall be thereupon
discharged and their verdict filed by the ma,s-
trate. In case the jury shall fail to find vcr-
S7jof ohull 1>a nj
sworn and proceed in the same manner.
Sec. 20. Within ten 90 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 village may likewise ap-
peal from the award OF damages to any owner
by filing with such magistrate notice Of APP
peal: specifying whether the appeal is from the
whole award to him or part, and ii a part, what
part, and Herewith an undertaking with
two sufficient sure5ies, to be approved by
awarded against such appellant on the appeal.
and paying the magistrate for his return there
OF. Any party not so appealing shall be forever
concluded by such verdict or appraisement.
Upon an appeal being TAKEN the magistrate
6hill transmit to the clerk OF the district court
within ten uO 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 re-
corder 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 as the facts are. which he
shall briefly specify; aud the clerk shall record
all such proceedings. Upon filing such tran
script in the district court the appeal shall be
considered an action pending in such court, and
be SO entered, the land owner as plaintiff the
village as defendant, and be subject to trial and
appeal to the supreme court The case shall be
tried by jury, unless waived. and costs shall be
awarded against the appellant, II more favor
able verdict be not obtained: otherwise, against
the respondent. Upon entry Of judgment, the
clerk OF the district court shall transmit GER
titled copy thereof to the village recorder.
SEC 81 Ii the verdict of the jury first called
find it necessary to take such land any part
thereof. the village board may, upon reGurn there
ance Herewith, for laying out. changing WIDEN
ing or extending aud opening anv such street,
Jane. alley, public ground. square or other pub
lie place, or constructing and opening. altering,
en!areing or extending any such drains, canals
or sewers or altering, widening or STRENGTHENING
any such watercourse or for the use or inn
provement Of q harbOr, out shall not enter upon
any such land therefor until the owner be paid
in full or the damages be set apart for him in
The hands Of the treasurer and M order therefor
lawfully executed to him be deposited with the
clerk to permanently remain subject to his
order. At any time before causing any such land
to be actually taken or put to public use, and
before the rendition OF Judgment in the dis
tric5 court for damages, the village board may
discontinue all proceedings heretofore taken.
and the village shall in such even. be liable for
the costs only. All the costs of every such pro-
ceed!ng shall be paid by the village, except
when it recover costs In the district court.
SEC 20. For the purpose of payment Of the
expenses, including all damages and costs in
CURED 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 halt (le) of such expenses as
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 parcel Of land so assessed, with the name
of the owner thereof. if known, and the amount
levied thereon set opposite. Such resolution,
signed by the president and recorder, shall be
published once III each week for two C,) weeks
in newspaper printed regularly in such village.
or II there be no suoh newspaper, three ~
copies thereof shall be posted by the recorder IN
three 81 of the most pubic places in such viii
lage, and a notice Herewith that at q certain
time therein stated the said council will meet At
their usual place OF meeting and hear all objec-
tions which may be made to such assessment, or
to any part thereof. At the time 80 fixed, the
said council shall meet and hear all such objec-
lions, aud for that purpose may adjourn from
day to day not more than three 81 days, and
may by resolution modify such assessment in
whole or In part. At any time before tho first
ns5l day OF September thereafter any party
LIABLE may pay any such tax to the village treas
urcr. On such first QsD day OF September, if
any such tax remains unpaid, the recorder shall
certify copy Of such resolution to the county
auditor. showing what taxes thereby levied re-
main unpaid: and the County auditor shall put
tie same upon the tax roll, in addition to and as
part OF all other village taxes therein levied on
such land, to be collected Herewith.
SEC. 20. Upon the petition In writing Of all
the owners of lots or land on any street or alley
in such village and not otherwise, the board Of
trustees may discontinue such street or alley or
any part thereof At least one (O week before
acting on such petition the council shall cause
written or printed notice to be posted in three
the petition will be aci ed on ami what street or
part thereof is proposed to be vacated.
SEC. 80 The village council may cause any
street, or any part OF any street, not less than
sixteen u6) rods III length, to be graded, paved,
macadamized or otherwise improved, or any
sidewalk or gutter to be built, upon y petition
jority of all the owners Of real estate bounding
both sides, and of the owners of at least one
half (ie) the frontage OF such street or part Of
gutter one a. side Of street to be built, on
the petition OF a majority of such owners, and
of the owners Of at least one-half IL, the 'front.'
or gutter previously built to be put In repairs,
when necessary. without petition For tho
purpose en>,, OF 80 improving any street
or gutter. the village council may levy and cause
to be collected upon the lots tracts or parcels Of
ground on such street or part OF street improved.
or gutter is TO be built, and upon the owners
thereof q tax sufficient to pay the expense Of
constructing such Improvement ordered OPP
posite such property to the center of the street.
such proportion thereof, not less than one-haif
tle. as they shall deem justly assessable to such
property, if they shall think the whole ought
maindcr shall be paid from the village treasury
Every such tax for repair shall be for the entire
cost Of repairs in front of the property go
assessed. II any tax levied under This section
shall prove insufficient to pay the cost or pro-
portion thereof assessed to such property, the
village council may levy an additional tax there
on TO make good such deficiency.
SEC. 81. Whenever the council shall levy any
such tax as specified In the preceding section,
they shall make out and deliver to q street COM
missioner of such village list of the persons
and description OF the prnperyy taxed together
with a warrant for the collection and expendt-
ture OF said tax, and shereupon the street COM
missioner shall notify the persons named in such
had will