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


the purpose contemp plated by this act, and
may enter upon any land or water for the
purpose of making surveys and examina-
tons for the same. They may prosecute any
action in the name of said Board of Water
Commissioners against any person or persons
for money due for the use of water, for the
breach of any contract, express or implied,
touching the execution or management of
the works or distribution of the water, or of
any promise or contract made to or for them;
and also for any injury or trespass, or nui-
sance done, or caused or procured to be done,
to the water courses, pipes, machinery or any
other apparatus belonging to or connected
with any part of the works or for any i'm
proper use or waste of the water; and said
Board shall have full power and authority to
take and convey from the source of supply
now used by the st. Paul Water Company, or
which they are empowered to use, and from
any other source, sufficient water to supply
the City of St. Paul with pure aud wholesome
water for all purposes, and for the purposes
aforesaid in all things to exercise all the nee
essarv rights, powers and franchises Of the said
ST. Paul Water Company, to be conveyed as
aforesaid to the said City of st. Paul.
SECTION SIX.
That the said Board of Water Com mission
ers may from time to time, for the purpose
of furnishing full supply of water to Che in
habitants of the City OF st. Paul, extend said
water works or make new lines of works.
and as it shall from time to time so extend its
said works or make new lines of works, it
may draw water from any lake or creek,
by means of pipes, bitches, drains, conduits,
aq ueducts or other means of conducting
water SO as to connect said lakes or creeks
with its said works, and may erect and con-
struct dams, bulkheads, gates and other
needed structures and means for controlling
Of water and its protection, and in gen.
eral to do any other act necessary or con
venient for accomp lishing the purposes con-
tempated by this act.
SECTION SEVEN.
Whenever at any time said Board shall
propose to extend its said works so as to
connect with any of said lakes or creeks, or
to direct the water of any stream, creek or
body of water, it shall proceed as follows:
Said Board shall cause to be made survey
of the line along which it shall so propose to
extend its said works and of all lands or
other property to be affected by fowage,
drainage or otherwise, and for that purpose
it may by its officers and agents euter upon
any lands, doing no unnecessary damage
thereto. After such survey shall have been
made and such line located, 1t shall cause to
be made map showing the location of said
line aud the lands necessary to be taken for
such extension and of lands or other prop
erty to be affected by fowage, drainage or
otherwise. Said map shall be acknowledged
by the surveyor making the same and by the
President of the Board Of Water Commits
sioners, and shall be fled as a record in the
Office of the Register of Deeds of the proper /
county.
And after making compens ation as here
matter provided TO the owners of or per-
sous interested in the lands so to be taken
and for damages by reason of diverting the
water of any stream, creek or body OF water,
said city shall have an easement in said land
designated on said map, for all the purposes
cOntem plated in this act, which said ease
ment shall include the right of passage with
out doing unreasonable damage from any
public highway TO and from the land included
or covered by said easement. The damage
for said right of passage shall be estimated
in apporioning the amount of damage to be
paid for such easement.
SECTION EIGHT.
Said Board shall make application to the
Judge Of the District Court of the county
Ut
for the appointment of three commissioners
to assess the damage which the owners of
or persons interested in the lands to be
taken or any other persons may sustain by
reason of the taking of such lands or of the
constructing, use and operating of such
work. Notice of such application shall be-
given by publishing the same in news
paper printed in the county wherein the
lands are situated for at least twenty days be-
fore the day of making such application,
which notice shall specify the time and
place where such application shall be made
the points between which it is proposed to
extend said works, and state the date of fl
ing the said map. At the time and place
specified in said notice said judge shall upon
proof to his satisfaction by affidavit of the
due publication Of said notice, appoint, by
an instrument under his hand, three com
missioners to assess said damages. Such
Commissioners shall take and subscribe an
oath or affirmation that they will faithfully
and fully examine the matter in question
and make true report thereon, according to
the best of their skill and understanding.
They shall appoint time and place of
meeting for the purpose OF making such ex
animation, and give notice thereof by pub
fishing such notice in newspaper printed
in the county wherein the lands are situate,
at least ten days before the day so appointed.
On the day so appointed they shall proceed to
view the lands so to be taken, and hear any
evidence as to the damages which any per-
son may sustain by the taking of the same,
or by the construction, use aud operating of
the works of the city, and shall continue
their examination until the same shall be
completed. They shall make just and equit
able estimate of such damages. and shall
make and file in the office of the
Clerk of said Court a report in
writing signed by them or any TWO of them
in which they shall state the amount which
said Board should pay to such persons or
corporations who may sustain any damage
by reason Of the taking of such lands, or By
reason of the construction, use, or operating
of such works. Upon said report being filed
said Board may pay into the Clerk of said
Court for the use of the persons entitled
thereto, the several amounts so awarded By
said report, and thereupon said city shall
nave and hold said lands and rights for the
purpose aforesaid, and said Board may pro-
coed to construct, use and operate thereon
said works and extension thereof Said re-
port and finding of said Commissioners shall
be final and conclusive as against all persons
or corporations who shall not appeal there
from within thirty 800 days after the fling
Of said report. Auy person or corporation
interested may appeal from said report and
findings Of said Commissioners within the
time aforesaid to the said District Court by
fling with the Clerk of said Court a notice of
appeal, specifying the nature of his or its
claims aud the amount thereof, and also by
fling a bond in the sum of five hundred dol
lars with at least two sureties to be approved
by the Court conditioned for the payment of
the judgment, and Of any costs that may be
awarded against said appellant Said
Board may likewise sppsal within the
time aforesaid upon the finding of said Com
missiouers in favor of any person or Cor