The Worthington advance. [volume] (Worthington, Minn.) 1874-1908, 1889-05-09

ton of the Judge thereof: and such de,".:,s
shall have the same eject as the Er>l:.,..
TONED receipts, unless an appeal is TAXI. 'y
the party entitled thereto.
SIC. II. Whenever the tile to a:j, ,."';,.
land Is deemed TO lie in doubt. ans! s.:ci;
miss1oners have assessed tiaE,a%cS f.! h.
taxing or in1uriously affecting pat .i:.""t,!.
or use said lands may make and - VI !, IL.
clerk OF said court GE Affidavit or &; liz
omcers or attorney Of snch ccrro:ati..'.. 10
the enect that there exists rcasoat.c ,;"::;i
as to who Is entitled 10 >nch damage: or: )
portion thereof. ard upon making and:
such affidavit may pay into co,,r; .hc IN,
OF damages SO assessed and ci!uwc;: l., L.:
tract or parcel mentioned il. sad az ~
ana the report Of said ccnlnli ;sirr>r.. -!
thereupon said corporation sil..i be :r'i'':'.
and discharged from amy fur her J! y L.,
t thhereior: unless uron arrca! !h' ".::".
damages 'ef and in , f:H"Se c,xe ""' o,!
the amount in excess of The s;:m 81, ,:,i <;
court. Any person claiming TIL" 20 ::
real estate. or claiming 20 be cn;i:lsG IL. 5
court therefor, md upon fnrnieh:,.. rvc;r.,,,.
satisfactory to the court that .I:t: pc.~:.,
applying is entitled 10 the said r:n:'';
PAID into court or any Isrt thief. =,
court shall make an order directing .ho ia,
ment to such clniE'nni the portions ri nj
money as he should he fonnd eni,i;'s! 49,
But II upon such application the cou., >h:, i:
determine that the 1ti;le to the t:a%! OF .'.~
was III such condition ms to rc,iuir" ti:n' ~
action be commenced to dctevI,'n n" :h....,'.
hieting claims thereto, lie shall +, fl. =. u
order until such action is comnl",..t.l az,
the conflicting claim 10 such real c~t,;c sc,
termined according TO law.
SEC. IL. Appeals from the $3.50 i':,'
made by the commissioners my !,c Ia cn
and prosecuted in the court where The ir;.:.r.
OF such commissioners j. E:ett. by an. pa.
interested, and q written notice Of >, il ~.
peal shall be served upon the arrci;e' - III
same manner as summons in a civil
IS served. Such notice shall be Sc. Sc! ~
least twenty days before the nearing + sci:
appeal, and no appeal shall be taken If III.
the expiration of thirty days from III" Vim; IS
me notification Of the fling 'l!", 'es'':
aforesaid, and the confirmation of ,..i'' ":.irr
works, or the extension thereof. or ;l''. *
tension of the line Of s.d work. So !.
not be hindered. delayed or pr";cu,,
psa, the erovt Gtelec"i ns c OF si'' ~
ecute and file with the r'e:k Of Tx: ron"i IN
which said appeal is pen''inya bu'i IL.
approved by said clerk with Sufficient ~u:r.:.
same and surety shall pay whn,evct an, 49,,
may be required by the Judgment "1 H.
court therein. and abide any rult %; ur.:,...i
the court i'll relation TO the matter in r,;:
troversy. Said appea! sii:!l brl" t"f',:e i!,..
appellate court the propric,y of ;i,e am ,::n;
OF damage IN respect 10 The parties Ia ;''''
appeal. and unless the pHr:es hi;c:v
agree the matter shall be submitted /" lis.
and the court or jury. as the case M: 10.
shall reassess the damages at 're~ad.
SEC. -. CpOn verde; or asses: men: j .':.:.
ment shall be entered des Iari,i;, .I!i l.":'.
payment Of the verdict OF asses ,neiu =: ::
costs. If any. the right to construct >;:i N.:ir
works or the extension thereof, anil t. t'. ;h':
acts III controversy in sand appeal, o: u ,:'..".
use and appropriate the renl estate so:i-E. %
be concerned for the purposes SCI f"r;h III
the petition shall. as against the ,mGti.'. rs.
terested in the verdict or assessment. BIT and
remain in said corporation, its s'uc;-t Scr
ana assigns forever. and raymc"' of >:!''i'
Judgment may be Made as lu;ul:l;> at as
sessnents ny the commissioners -" la -.
as herein provided. All ara.,l. 81 ,.-.n
pensalion and damage for .be ,;;ki' ii
lands for public use or behalf OF sur ,:.i,:
pan1es where 40 appeal is taken shlj :'::.:.
interest at the rate of sever, per c':t:l pt:
mum from the time .: the t,l.;,g of such aware
until paid and where an appeal y:
taken the verdict in such ap.'+:l >l.ii
draw interest At like ratc nn,il paid. If ~ Il
award, when no appeal is taken, is ne, 4 ii
within sixty daysafcr ;hc filing Of such a" :lu.
or in case an appeal is taken within siA1y
days after the cplerjng of such Small i.;,i.;-
ment, the court before whom sucE pr::s.';.j
lngs were initiated aliu such aw::''l !l'; OF
judgment entered shall. upon motion u! :tIv
demned. vacalc and set aside such pre-. c, j
lngs including the award and ind; N M. ii
any, and W hen such proceedings are ci,;'.i:-
tlnned by the corporation, or vacated anal SCI
ISuic ny the Judge Nf court. the OWisr :.t
such property or his heirs or legal r.rr>tn.
tatlves: shall have the right to recover f:c1n
the corporation initiating such cons!enn,
tory proceedings. reHsonall2 costs and tx
penseS. including counsel fees.
Sec ID. This act shall take effect and he
III force from ana after its passage.
Approved April $. 1855?
33.
S. F. No. 43s-AN ACT 10 provide for he pa
ment of fees for filing and record ". tn.
qualifications Of certain .own AID go. III:
officers.
BE 1t enacted by the Legislature of tn. >!u.
Of Minnesota:
SECTION !. That in nil eases whos. H."
bonds, oalhs of Office. cer.t;ca,eS of pla!l.,.
cation or evidences of the election an:; c,.:l
lhcatlOn for office of any county or town
office now required by law 10 lie filed Or u
corded with the register of deeds OF cl II: of
the district court, tho fees for Alag or re-.
cording the same >hal! be paid from lh"
county treasury III the same manner as other
claims.
SEC 2 This act shall take effect ard be il
force from and after i:s passage.
Approved April ~. 1889.
S. F. 51O.-AN ACT to amend section -; Of
chapter IS Of the General Statutes CT 1879
as amended BY ccc1ion one of charic: I'll
of the General Laws Of 1883, relating 10
roads in more than one county.
BE It enacted by the Legislature Of the State
Of Minnesota:
SECTION !. That section one Of chapter
sixty four of tho General Laws of lSS.; be
and the same is hereby amended by a.7,iir:
the following to the end Of said section ono:
Provided further, that in eases where
said road is by said petition 10 run through Or
into two or more counties situated in TWO or
more judicial districts, the judges of sait! dis
tricts shall act in conjunction with each
other on said petition. and if the proposed
road is by Them deemed 10 be a public ncccS-
sity, 1t shall be their duty 10 appoint commits
sioners from each of the counties affected by
said road, not exceeding five in all and to
direct them to lay out the said road accord
ingly.
and 1t shall be the duty Of said commits
sioners to meet at such times and places as
may be necessary, and TO proceed TO lay out
said road in like manner as is provided
herein in other cases.
Sec. 2. This act shall take effect and be
in force from and after it's passage.
Approved April "a. 1859.