Warren sheaf. [volume] (Warren, Marshall County, Minn.) 1880-current, 1891-05-21


cling a copy thereof and notifying all
parties interested, that the council
will at the time and place named,
apply to a city Justice OF the peace
for the appointment OF a jury to con-
denim and appraise such land. A
copy OF such notice shall be served
on the owner OF each such parcel Of
land to be taken, if known and resi-
dent within the county such service
to be made in the manner prescribed
for serving a summons in the Justice
court, and the return on the sum-
mons shall be conclusive evidence of
the fact stated therein. II the notice
cannot be SO given as to all the par
cells then the same shall be also pub
lished once in each week for three (3)
successive weeks, in a newspaper pub
lished in such city or county, and the
affidavit OF the printer or foreman OF
such newspaper shall be conclusive
evidence OF such publication. Such
notice shall be served and such pub
LEGATION made for three 60 weeks,
complete at least one "a week before
the time fixed therein for such appli-
cation. Ii any person SO served with
notice shall be a minor, or OF un-
sound mind, the Justice, before pro-
ceeding shall on the day fixed for
hearing such applica ton, appoint for
him a guard liam for the purpose Of
such proceeding, who shall give Sc
curity to the satisfaction OF the
magistrate and act for such ward.
SECTION TWO.
JURY; HEARING.
At the time and place fixed for
such hearing, the application ac-
companied by a copy Of such reso-
luton and such survey, and by
i proof of the service of such notice,
as provided in the last section,
shall be filed with the justice, who
shall thereupon make list Of
twenty four (24) competent jurors
not interested, but residents Of the
village shall not be disqualified by
reason of such residence. He shall
hear and decide any challenges for
cause or favor, made to any one.
and if sustained shall replace his
name with an unobjectionable
/ juror until the list shall be per-
fected. Thereupon under the di-
rection of such magistrate, each
party, the city council by it's rep
, resentatiye on the one side, and
the owners Of the land or their
: agents present, or if none be pre-
sent, or they disagree a, disin-
terested person appointed by the
city justice, on the other, shall
challenge six (6) names, one at
time, alternately, the city council
beginning. To the twelve Jurors
, remaining the justice shall issue
, venire requiring them at an hour
on day named, not more than
!! ten (1O) nor less than three 60
days thereafter, to appear before
him to be sworn and serve as
Jury to view lands and appraise
damages, and at the same time,
shall publicly adjourn the proceed
ings to the time and place SO
named. Such venire shall be
served by any constable or police
officer at least one Q) day before
such appointed time, by reading
the same to each such juror, or by
!, leaving a copy at his usual place
Of abode in the presence OF mem
Der Of his family Of suitable age
and discretion. The jurors sum-
moned shall appear at the time
and place named, and if any be ex-
cused by the justice, or fail to at
tend, he shall direct other disin-
terested persons to be forthwith
summoned in their stead until
twelve (12) be obtained. The
magistrate shall then administer to
them an oath that they shall well
and truly inquire into and de-
1termine the necessity for taking
E the lands mentioned in the resolu-
r ton, and if found necessary, the
7 damages occasioned thereby, and
t faithfully discharge their duties as
Z jurors according to law.
SECTION THREE.
JURY TO ASSESS DAMAGES.
Under the direction Of such ma
/ gistrate the jury shall view the
! lands to be taken, and shall then
sit before him, to hear such COM
petent evidence as shall be pro-
} auced by any party and for such
purposes such magistrate shall
possess the same powers as court
in session with jury, and If there
i be necessity may adjourn the sit
!, ting from day to day. The jury
/, |shall render separate verdict IN
writing, signed by them, in which
!, they shall find whether it be neces-
sary to take such lands or any part.
!, thereof for such purposes, describ.