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 frst-men-
t tSa gsGslRP Sa appeal is taken by

Oh bdlO court, 10 DC phlO OUT uuOcI tuc OlTeC-
ton Of the Judge thereof; and such deposits
shall have the same effect as the frstmen-
tRs safg al sPpes. taken Dy
Sec. II. Whenever the title to any tract of
land is deemed to be- in doubt, and such com,
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
the effect that there exists reasonable doubt
as to who is entitled to such damages or any
portion thereof, and upon making and filing
such AFFIDAVIT may pay into court the amount
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
and discharged from any further liability
therefor. unless, upon appeal the owner
dhous sns IN as case ony 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
money SO paid into court, may apply to the
satisfactory to the court that the person so
applying is entitled to the said money SO
paid into court, or any part thereon, the
court shall make an order directing the pay
money as he should be found entitled to.
But ii 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-
fiicting claims thereto. he shall refuse such
order until such action is commenced, and
the conflicting claim TO such real estate de-
termined according to law.
SEC. ~. Appeals from the assessment
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-
peal shall be served upon the appellee in the
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
aforesaid, and the construction OF said water
works, or the extension thereof, or the ex.
tension Of the line Of said works. shall
not be h1ndered. delayed or prevented
by the prosecution OF said ap-
gsa na I & the cS p se eour,
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
court therein. and abide any rule or order Of
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
appeal. and unless the parties otherwise
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,
oy,6 toto In oil oct of n
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
judgment may be made as payments OF as
sessments by the commissioners are made,
as herein provided. AL 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 alike rate until paid. II such
award when no appeal is taken is not paid
within sixty daysafter the fling of such award,
or in case an appeal is taken within sixty
days after the entering Of such final judg-
ment, the court before whom such proceed
judgment entered shall. upon motion Of the
owner Of the property sought to be con-
demned. vacate and set aside such proceed
ings, including the award and Judgment II
any, and when such proceedings are discon-
tfnued 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 condemna-
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.