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

Of said court, to be paid out under the direc-
ton OF the judge thereof; and such deposits
shall have the same effect as the first-men-
ti tho ear s enRe 5an 20 appeal taken by
SEC. IL. Whenever the title to any tract Of
land is deemed to be In doubt, and such COM
missioners have assessed damages for the
taking or injuriously affecting part thereof.
the corporation SO seeking to condemn take
or use said lands, may make and file with the
clerk of said court an affidavit of one of the
officers or attorney of such corporation, to
the effect that there exists reasonable doubt
as to who is entitled to such damages or any
portion thereof, and upon making and filing
of damages SO assessed and allowed to any
tract or parcel mentioned in said affidavit
and the report Of said commissioners, and
thereupon said corporation shall be released
therefor unless, upon appeal the owner
damages, and In that case only for
the amount in excess Of the sum so pain into
court. Any person claiming title to SAID
real estate, or claiming to be entitled to any
court therefor, and upon furnishing evidence
satisfactory to the court that the person 30
applying Is entitled to the said money so
paid into court, or any part thereof, the
ment to such claimant the portion Of such
money as he should be found entitled to.
But il upon such application the court should
determine that the title to the tract or tracts
specified in the application Of such claimant
was in such condition as to require that an
action be commenced to determine the con-
flicting claims thereto, he shall refuse such
order until such action is commenced, and
the conflicting claim 10 such real estate de-
termined according to law.
made by the commissioners may be taken
and prosecuted in the court where the report
of such commissioners j. fled, by any party
interested, and written notice OF such ap-
same manner as summons in civil action
is served. Such notice shall be served at
least twenty days before the nearing OF said
appeal, and no appeal shall be taken after
the expiration Of thirty days from the time OF
the notification Of the filing Of the report
works, or the extension thereof, or the ex.
tension Of the line Of said works.. shall
not be hindered. delayed or prevented
by the prosecution Of said ap-
ecut , and file with the clerk Il the court in
which said appeal is pending bond to be
approved by said clerk with sufficient surety,
conditioned, that the person executing the
same and surety shall pay whatever amount
may be required by the judgment Of the
the court in relation to the matter in con-
troversy. Said appeal shall bring before the
appellate court the propriety OF the amount
OF damage in respect to the parties to the
agree the matter shall be submitted to the
jury and tried as other appeal cases are tried,
and the court or jury, as the case may be,
shall reassess the damages aforesaid.
ment shall be entered declaring that upon
payment OF the verdict or assessment and
costs. If any, the right to construct said water
works or the extension thereof, and to do the
acts in controversy In SAID appeal, or to take,
use and appropriate the real estate sought to
be condemned for the purposes set forth In
the petition shall. as against the parties In.
terested in the verdict or assessment, be and
remain in said corporation, its successors
and assigns forever, and payment OF such
sessments by the commissioners are made,
as herein provided. All awards for COM
pensatiOn and damage for the taking OF
lands for public use on behalf OF such COM
panies where no appeal is taken shall draw
mum from the time of the filing Of such award
until paid, and where an appeal is
taken the verdict In such appeal shall
draw interest at like rate until paid. II such
award, when no appeal Is taken, Is not paid
or in case an appeal is taken within sixty
days after the entering Of such final judg-
ment, the court before whom such proceed
ings were initiated and such award fled or
Judgment entereo snall. upon mouo1 VI tne
owner Of the property sought to be con-
demned. vacate and set aside such proceed.
ings, including the award and judgment, il
any, and when such proceedings are discon-
tinued by the corporation. or vacated and set
aside by the judge or court the owner Of
such property, or his heirs or legal represen-
tatives, shall have the right to recover from
the corporation initiating such condemns
tory proceedings, reasonable costs and ex-
penses, including counsel fees.
Sec IA This act shall take effect and be
in force from and after its passage.
Approved April 8, 1889.