The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1897-05-03

| five 90 hereof, that Sald report has been
so filed, and that said board, on a day
! specified in said notice, will apply to said
court for an order confirming said re,
port. On the day SO appointed, the said
court. on being furnished with due proof
| of the publication and posting Of said
notice, as above provided shall hear the
application of such board; and shall make
such order in the premises as shall be
, lust, and in case of the confirmation of
said report shall make an order reciting
the substance of the proceedings in the
and property for which compensation
| shall be made and shall also direct to
whom compensation, shall be made. "A
certified copy of such @. ORDER of conirm lia-
| register of deeds of each county in which
any of said lands and property shall be
| situated. :.
designated to be taken under any Of the
provisions of this act and who deems that
| there is any irregularity in the action of
the appraisers by which the award of the
appraisers ought not as to him to be con-
| firmed or who is dissatisfied with the
| amount awarded him for the taking of
his property under this act may file with
| lection to such confirmation, setting forth
therein specifically the particular irreg-
ularities complained OF, and containing "a
f, which objection is made, and said written
objection shall be filed with the clerk OF
said court before the time specified in said
|
| There shall be no pleading on such objec-
ton, but the court shall determine in the
first instance whether there was any such
! irregularity or omission of duty prejudi-
cial to the objector and specified in said
written objection, that as to him the
award or appraisal of the 1 ap,
Rrasers ought the not court 6o shall be
either to confirm or annul the proceed
ings only as the same affect the property
| of the objector designated to be taken
~ ,1nI yxyy>it tnr, oh
From such determination, no appeal or
writ of error shall lie. In case
the amount of damages awarded is COM
planned of by said objector, the court our
firmed in other respects upon SAID con
firmation appoint three new appraisers 10
reappraise said damages. The party TO
such objection may be heard upon the ap-
| pointment of such appraisers ana the
court shall fix the time and place for the
! first meeting Of such appraisers. Ihey
respects as in this act provided for the
| government of the first set of appraisers
| appointed by said court: The award OF
| such new appraisers shall be final unless
it is set aside by the court for good cause
| shown and in case 1t is set aside, the
court may, in it's discretion, recommit the
| same to the same appraisers or appoint
new appraisers, as it shall deem pest, out
| no appeal or writ of error shall be al
lowed from any order of the court In the
premises.
| u.
at any time to amend any defects or any
| informaIities in any Of the proceedings to
acquire said lands and property, and also
to appoint other appraisers in place OF
| any who, for any reason, may not serve,
| after such notice as said court may OIL
| rect.
Sec TO- Such board shall have the right
7 at any time during the tendency of any
proceedings for the acquisition of any
| lands and property pursuant to this act,
or at any time within thirty days after the
final order Of court upon the last obJec-
ton determined in any such proceedings,
| if such board shall deem it for the best
interest of the county in which such pro-
| ceedings are instituted so to do, to aban-
whole Improvement, or any part thereof,
| except with respect to any such lands
and property of which such board shall
! have taken possession after such con-
| Sec. II. Upon the. confirmation Of sRe
| award, as hereinbefore provided, such
board shall have the right to enter upon
and take possession of the lands and
| property described in said order of con-
firmation, and to appropriate such lands
| and property for any. of the purposes in
| this act, and within six months after the
| confirmation of such award, unless such
| board shall abandon such proceedings, the
| compensation so awarded shall be paid by
| the county in which said proceedings are
| instituted, and such board shall cause to
| be paid to the owner or other persons in
terested in such lands and property the
| amount Of compensation so awarded
| therefor, with interest at the rate of seven
per cent (7%) per annum, from the date
| of such confirmation. out of the county
! treasury Of such county. If, however, at
| the end of such six months there shall be
| pending in court any objection in such
! proceedings, the time for the payment of
| the compensation awarded for all said
lands and property shall be extended until
| thirty days after the final disposition of
| the last objection considered in such pro-
| ceedings, except in respect to lands
and property of which such board
| has taken possession. If in any case such
board shall be unable to determine to
whom the compensation so awarded shall
| be paid or be unable to make tender in
relation thereto, or in case any person to
! whom compensation shan be awarded
shall not be a resident of the State of
| Minnesota, or If for any other reason 1t
such compensation in any case may be
deposited by such board in said court.
| Upon the proper application of any per-
son claiming the money so paid into
| court. or any part thereof, said court
| shall determine to whom the same shall
| be paid.
| Sec r. AS soon as the amount required
for the purchase and requirement OF said
! lands and property and the costs and ex-
| penSeS Of such board in conducting the
proceedings therefor hereunder. together
| with the amount necessary for the con-
| struction of any such dam or dams as
such board shall deem necessary for any
of the purposes of this act, shall have been
ascertained by such board with reasona-
| BILE certainty, such board shall apply to
said court for the appointment of three
| competent disinterested freeholders. res
| idents of this state, as assessors of bene-.
| fits. Notice Of such application and of
the time when the same will be made
| shall be served in the same manner as in
section five % of this act. hereinbefore
| provided, and all parties Interested may
appear and be heard by said court touch
| ing said appointment. Upon receiving
satisfactory proof of the service of such
notice, as herein provided, said court
| shall hear said application, and shall APP
holders residents of this state, as assess
| ors. who shall proceed to assess upon
| such several tracts Of land as they shall
| deem to be specially benefited by the pro-
ceedings herein provided TOR, whether
| such tracts shall join or abut upon such
| lake or not, and without regard to cash
| valuation, such sum as they shall deem
! just proportion respectively OF the total
| cost of such purchase, condemnation and
| Improvement. and the expenses of such
board in conducting such proceedings,
| and the determination of such assessors
! as to what tracts and parcels of land are
specially benefited shall be deemed to in
| clude all lands so specially benefited. The
| ors shall fix the time and place of their
| first meeting, and said assessors shall
meet at the time and place specified in the
order appointing them, and shall sew
| orally, before proceeding to act under said
| appointment, take and subscribe to an
| thorized to administer oaths, faithfully
| and impartialy to discharge theft duties
as assessors under this act to the best of
| their ability. All persons interested may
touching any matter connected with said
| assessment and said assessors shall hear