St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1889-05-07

or other property to be affected by f0wage,
drainage or by the construction OF bitches,
drains, conduits, aqueducts or otherwise and
for that purpose such corporation may, by its
officers and agents, enter upon any land for
the purpose OF making such surveys and
measurements or for obtaining any other
necessary information relative to the con-
struction or extension of said water works,
doing NO unnecessary damage to said
real estate. After such survey shall
have been made and such line
located it shall cause to be made map
showing the location Of said line, extension
to be taken for such construction, extension
or improvement, and all lands or other prop
erty to be affected by fowage, drainage or
otherwise. Said map shall be verified under
and correct, as he verify believes. Said map
shall also be acknowledged by the mayor,
clerk or recorder, or other proper officer OF
such city, town or village so seeking to con-
denim and take such real estate, or by the
president, secretary or director of the corpor-
alton SO seeking to condemn and take
such real estate, and thereupOn said
map shall be fled as a record In the
office of the register OF deeds In and for
the county in which said real estate so sought
to be condemned, taken and used is situate,
and duly certified copy of said map shall be
filed in the Office Of the clerk Of the district
court in said county.
Sec. S. After the making and filing Of the
Of register of deeds and clerk Of the district
court in the county where said real estate SO
sought to be condemned and taken is situate,
the corporation SO intending and desiring to
condemn, take and use said real estate, may
present to the district court In and for said
county in which said lands so proposed to be
taken, condemned and used shall be situate,
q petition signed by the president and secre-
tary OF such corporation, or by the mayor, re-
corder or other executive officer Of said city,
town or village, setting forth description
Of said enterprise to be prosecuted by
them,. and describing with reasonable
certainty and by reference to said
map or plat or otherwise, the lands. prop
erty and estate which it will be necessary to
appropriate. take, use, overflow, drain or
otherwise affect setting forth the name OF
each and every owner, encumbrancer, or
other person interested in the same or any
part thereof, so far as the same can be ascer-
tanned by the public records, and by. view OF
the premises. or other inquiry touching the
occupation thereof, and praying the ap-
pointment of three competent disinterested
persons as commissioners to ascertain and
determine the compensation to be made to
such owner or owners, respectively, and to
all tenants, encumbrancers and others inter
ested, for the taking or injuriously affecting
such lands or real estate.
Sec. 6. A notice stating briefly the object
of the petition and containing description
of the lands proposed to be taken, and stat
ing the time and place. when and where the
same will be presented TO said court, shall
be served on each and every person named
otherwise interested therein, at least ten
days previous to the time designated in said
notice for the presentation of said petition.
Such service shall be made by delivering
copy of said notice to each person named
therein if a resident Of this state, or In case
of the absence Of such person. by leaving
copy Of such notice at his or her usual place
of abode, with some person OF suitable age
and discretion then resident therein. In
case of domestic corporation such SER
vice may be made upon the president, secre-
tary or any director or trustee OF such cor
pOration: in case Of minors or their guard
ians, or in case no guardian Shall nave been
appointed, then on the person who has the
idiots, lunatics or distracted persons, on
their guardian or committee; or in case no
guardian or committee shall have been ap-
pointed then on the person in whose care or
charge they are found; in case OF feme COW
ert, on the husband as well as on the feme
covert. In all cases where the owner or per-
sons claiming an interest in such real prop
erty is a nonresident OF this state or where
the residence Of such owner or per
the agent or attorney Of the corpora.
ton shall be filed showing. that
such owner or person is nonresident OF
this state, or that after diligent inquiry. the
residence is unknown, or cannot be ascer-
tice may be made by the publication thereof
in any newspaper published in the county
where such lands are situate once week Tor
three successive weeks; and In case no news
paper shall be published In said county, then
such publication may be had in a newspaper
published at the seat OF government In this
state, and such publication shall be deemed
service upon each OF such non resident per-
sons, or persons whose residence is unknown.
Due proof of the service of such notice. by
the affidavit of the person serving the same
or by the printers affidavit of publication,
shall be filed with the clerk OF such district
court before the presentation OF such pet1-
ton. Want of service of such notice shall
render the subsequent proceedings void as to
the person not served; but all persons hav-
ing been served with notice as herein pro-
vided, either by publication or otherwise,
shall be bound by the subsequent proceed
ings. In cases where the enterprise shall be
located through or upon school or university
lands or any other lands belonging to this
state, such notice shall be served upon the
secretary of state or his assistant, and the
commissioners shall award damages to the
state in like manner as to private persons or
corporations.
SEC z. The court may, upon the. applica-
ton of the petitioner or owner or party inter-
ested for reasonable cause, adjourn the pro-
ceedings from time to time, and may order
new or further notice to be given to any per
son whose interest may be affected. At The
hearing Of said petition. If the court shall
have satisfactory proof that all parties inter
ested in the lands described in said petition
have been duly served with said notice, as.
above prescribed, the court may then pro-
coed to determine, first, whether the public
interests require the prosecution OF said en-
terprise set forth and described in said petit
ton; second, as to whether it is necessary in
the prosecution Of said enterprise to take,
condemn use, overflow, drain or otherwise
appropriate, injure or use said real estate
mentioned and described in the petition, or
any part thereof; the said court may, in its
discretion, authorize the condemning. tax
ing, using OF the whole or any part Of the
real estate mentioned and described in said
petition.
When the court is satisfied by competent
proof, 1t shall make an order, which shall De
entered in the minutes OF said court and
filed in the Office Of the clerk thereof, deter
%apas ' set forth
and described in the petition, and the real
estate necessary to be taken and condemned
make an order to be recorded In the minutes
thereof, appointing three competent, disinter-
ested persons, resident In said county, COM
0issioners to ascertain and determine the
amount to be paid by such corporation to
each Of such owners or persons interested,
as compensation for his or her damages by
reason of taking or injuriously affecting any
such land or real estate, and specifying the
time and place OF the first meeting OF said COM
m1sS1Oners, ana hx1ng tnelr compensation.
Before entering upon their duties. such COM
missioners shall severally take and subscribe
an oath. before some person qualified to ad
minister oaths, faithfully and tmpartially to
discharge the duties of their appointment.
SEC. 4. The commissioners SO appointed
shall meet at the time and place mentioned
in the order appointing them, and to proceed
to examine all Of the real estate described in
said petition and map, proposed to be used or
taken for said improvement, OF 30 much
fbor 10 fo N
court to be taken. injurously affected, appro-
priated or used in said Improvement con-
struction or extension Of said water works,
and shall hear the allegation and testimony
of all persons interested, and proceed" to
make In each case q separate assessment of
damages which will result to any parties,
persons corporation or company. by reason
of the construction or extension of said water