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

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 u notice o.
appeal, specifying whether the APP.
peal is from the whole award te
him or a part, and if part, what
part, and Herewith bond with
two (2) sufficient sureties, to be ap.
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. Any party not 50 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 q copy OF all papers
and proceedings before him, with his
certificate thereof He shall, after
the tiule 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 appea,
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
be SO entered, the land owner az
plaintiff, the city as defendant, anu
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, il amore favorable verdict
be not obtained. otherwise against
the respondent. Upon entry OF iudg-
ment, the clerk OF the district court
shall transmit a certified copy there
OF to the city recorder.
SECTION FIVE.
PROCEEDINGS UPON VERDICT.
Ii the verdict OF the jury first called
find it necessary to take such land,
or any part thereof, the city council
may, uponsretnrn 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 fol
whoever shall be entitled thereto
and paid over to the person or per
sons who shall show a clear right te
+
receive the same. At any time before
causing any such land to be actually
saNel u pu, 20 pupilc use, ana De
.o'e ..le ienoi0ioil q q ludgment u
o.,e INSURE. cour6 LOT damages, tn
city council may discontinue ali pro
'eeu,nss therefore taken, ana the CITY
shali N such event eDe liable Tor the
COST oniy.
~ olle coso q every such proceed
= snall De pald py tne CITY except
wien = cover costs ~ the distr4c1
couro q supreme court, Fees an lt
cos.s sha'l pe the same as IN CIV
ac'ioti.
so'.oN s.A.
.ars naw 49, $3.50 ! : s
Fnr tha r,,,naaa -, = !, ! IS, : : 8 S,