Warren sheaf. [volume] (Warren, Marshall County, Minn.) 1880-current, 1891-05-21
same manner.
SECTION FOUR.
APPEAL HOW TAKEN.

SECTION FOUR
APPEAL HOW TAKEN.
Within ten (1O days after yer.
dict any land owner whose land
has been found necessary to be
taken, may appeal from the award
of damages to him, in such verdict
to the district court, and the city
may likewise appeal from the
award Of damages to any owner by
filing with such justice a notice Of
appeal, specifying whether the APP.
peal is from the whole award to
him or part, and if a part, what
part, and Herewith bond with
two (2) sufficient sureties, to be APP
proved by the justice, to pay all
cost that may be awarded against
such appellant on the appeal and
paying the justice for the return
thereof Anyparty not so appealing
shall be forever concluded by such
verdict or appraisement. Upon an
appeal being taken, the justice shall
transmit to the clerk OF the district
court, within ten (1O) days, the no
tice OF the appeal and bond, and
thereto annex a copy OF all papers
and proceedings before him, with his
certificate thereof. He shall, after
the time for appealing is expired, file
with the city recorder, annexed to-
gether, all the original papers, in
Guiding the verdict, with certificate
by him thereof, and that no appeal
has been taken from such verdict. ex,
cept as the facts are, which he shall
briefly specify, and the clerk shall
record all such proceedings. Upon
filing such transcript in the district
court, the appeal shall be considered
an action pending in such court, and
he SO entered, the land owner as
plaintiff, the city as defendant, ana
be subject to trial and appeal to the
supreme court. The case shall be
tried by a jury, unless waived, and
costs shall be awarded the against
appellant, ii more favorable verdict
be not obtained, otherwise against
the respondent. Upon entry OF iudg-
melIt, the clerk OF the district court
shall transmit certified copy there
Otto the city recorder.
SECTION FIVE.
PROCEEDINGS UPON VERDICT.
Ii heverdict OF the jury first called
lind 1T necessary to take such land,
. or any part thereof, the city council
may, upon return thereof to the re-
corder, enact an act in accordance
Herewith, for laying out, changing,
widening or extending and opening
any such street, lane, alley, public
ground, square or other public place,
or constructing and opening, alter
ing, charging or extending any such
drains, canals or sewers, or altering,
widening or Strengthening any such
water course, but shall not enter
upon any such land therefore until.
the owner be paid in full or the dam
age be set apart for him in the hands
OF the treasurer, and an order there
for lawfully executed to him be de-
posted with the recorder to perma-
nently remain subject to his order.
In case there shall be any doubt as
to who is entitled to such compensa-
ton, or damages, Or any part OF the
same, the amount so awarded shall
be set apart in the city treasury for
whoever shall be entitled thereto,
and paid over to the person or per-
sons who shall show clear right to
receive the same. At any time before
causing any such land to be actually
taken or put to public use, and be-
fore the rendition OF a Judgment in
the district court for damages, the
city council may discontinue ali pro-
ceedings therefore taken, and the city
shall in such event be liable for the
cost only.
All the cost of every such proceed
ing shall be paid by the city except
when it cover costs in the district
court or supreme court. Fees and
costs shall be the same as lin civil
action.
SECTION SIX.
TAXES FOR THE EXPENSES AND DAM
AGES; HOW LEVIED.
For the purpose OF payment Of the
expenses, including all damages and
costs incurred for the taking Of pri-
vate property, and OF making any
improvement mentioned in the last
preceding section, the city council
may, by resolution, levy and assess
the Wnole, or any part not less than
one-half (A) OF such expenses as a
taxupon such property as they shall
determine is especially benefited
thereby, making therein a list there
OF in which shall be described every
lot or parcel OF land SO assessed,
with the name OF the owner thereof,
il known, and the amount levied
thereon set opposite.
Such resolution signed by the
mayor and recorder, shall be pub
lished once in each week for two
weeks in a newspaper printed regu-
larly in such city, or il there be no