New Ulm review. (New Ulm, Brown County, Minn.) 1892-1961, 1899-04-26

ter to a committee to hear such persons
and report. = !.
shall determine upon the lands to be TAX
en- and appropriated for the purposes of q
market. 1t shall designate the same as
nearly as may be convenient, and shall
cause such plat or survey as may be
necessary to show or explain the same,
to be made and filed herewith with the
city clerk. and such common COUNCIL shall
then or afterwards appoint five 90 com.
missioners who shall be freeholders or
said city, and no two Of whom snail reside
in the same ward, to view the lands or
premises to be tso) taken and approprfat-
ed. and ascertain and award the amount
ofdamages and compensation to be pald TO
the owners of the property so to be taken
and appropriated. Three or more OF such
commissioners shall constitute a quorum,
and be competent to do any act required
of such commissioners. They shall be no
served on them severally. either per.
sonally or through the mail. to attend at
his office on or before day hxed by MIN,
not less than two (2) days after the service
or mailing of such notice, to qualify and
enter upon their duties, and If any com.
missioner shall refuse or neglect to attend
said city the sum of fifty 500 dollars to be
recovered to the use Of such city IN a clvll
action In any court located IN the county
In which such city shall be situated. ana
in case q quorum of such commissioners
shall not so attend at the time and place
designated in such notice. the mayor OF
such city may, In writing, appolnt one or
more commissioners in the stead of any
such absentees. The commissioners shall
be sworn by the clerk Of any officer au-
thorized to administer oaths, to discharge
their duties as such commissioners IN the
make due return Of their action to such
common council They shall give notice
BY two O. guah o3n that In the 9 %
on the day designated in such notice,
which shall be at least ten Qo) days
after the first QsD publication. Of
in such notice on or near the premises
proposed to be taken and appropriated,
and ascertain and award therefor COM
pensation and damages, and that they
will then and there hear such allegations
and proofs as interested persons may Of
fer. Such commissioners shall meet and
view the premises pursuant to such notice,
and may adjourn from time to time and
after having viewed the premises may,
for the hearing of evidence and the prepa-
ration of their award. adjourn or go to
and Impartial appraisement and award OF
the compensation and damages to be paid
to each person whose property Is to be
taken or appropriated, and report the
same to said common council, and such
award shall lie over until the next regular
meeting of such common council, which
shall occur at least one week after the
reception Of such award. at which. or any
subsequent time. the said common council
may act on such award and hear any OBJ
Jections made thereto. or may refer the
jections, and report thereon. The COM
mon council may confirm such award by
vote Of two-thirds (2-S) Of the members
elect thereof. or annul the same, or send
the same back to the same OF a new board
Of commissioners, for further oonsidera-
ton, and such commissioners may, In such
case, again on giving notice published
a a n he a
in such notice which shall be at least
two (2) days after the publication Of such
notice. and hear any further evidence
that may be adduccd by interested per-
sons, and may adjourn from time to time,
and correct any. mistakes In such award
and revise and alter the same. as they
award to such common council. who may
confirm Or annul the same; when any
such award shall be confirmed by the
common council by a vote Of two-thirds
(2-3) Of the members-elect thereof the
same shall be final and conclusive upon
all parties interested, except as herein
after provided.
Sec. 4. Whenever an award Of com.
pensation and damages shall be confirmed
by such common council and not ap-
pealed from, and whenever the same
aside by the court, the same shall con.
stttute a lawful and sufficient condemna,
ton and appropriation for public use Of
the land and property and rights of prop.
are so awarded. and such damages OF
compensation shall thereupon become 6
public charge against such city to be
payable within one year after the con.
flrmation of the award or the determine.
ton. Of the appeal therefrom; such COM
mon council may at its election cause
such compensation or damages to be paid
from the permanent Improvement fund OF
such city or from funds not otherwise ap-
propriated or from funds to be raised by
taxation in the same manner as funds
are raised for other public purposes. ir
such city. In case such payment Is MOI
made within one year after the conflrma.
ton Of such award or the determination
Of the appeal therefrom, the proceedings
payment of such award, the owner Of
such property or the claimant: Of the
award, shall furnish an abstract Of title
showing himself entitled to all of the
compensation and damages claimed II
case of neglect to furnish such abstract
OR there shall be any doubt as to who Is
entitled to such compensation or damage
.ar any part Of the same. the amount sc
awarded shall be by the common council
appropriated and set apart In the city
treasury for whoever shall show cleal
council, may, In its discretion, require o.
such claimant bond of good and suf1
Client sureties conditioned to indemnify
eer CLAIMS for such
damages or for the property for whiof
the same was awarded, and all loss, costs
or expenses on account Of such claims
such city shall certify in writing
IN his opinion. he is in doubt to whom
common council may order warrant t.
be drawn for the same payable to the
clerk Of the district court Of the county
n which sad city 1ayvs be tSs ap
said clerk OF the court and ask hin
receipt for the same, which deposit will
said clerk of the court shall have the
same effect as If set aside in the city
treasury, as hereinbefore provided, and II
case the parties entitled to the same shall
establish their right to the same by
the facts emitting them thereto, and By
proving the same to the satisfaction Of
the court, when SO established the cour
shall make an order DIRECTING to whom
ment Of said award or appropriation. OF
the setting apart of the money In the
city treasury to pay the same as afore,
said, the city shall become vested wig
the title to the property taken and cGsa
demned, absolutely, for all purposes.n.a,e
which the city may have occasion to sasE!
the same, and may forthwith enter upoT
and use the same.
Sec. s. Any person whose property l:
proposed to be taken or condemned un
der any of the provisions Of this act ant
In the proceedings Of the common councf
or action of the commissioners, by rea
son of which the award of the commits
who is dssatised With ns the ao amoant O.
damages awarded to him for the takine
of or interference with his property. may
at any time before such award shall BIZ
confirmed by such common council, file
with the city clerk in writing his objec
tons to such confirmation, setting forth
therein specifically the particular injuries
complained of, and containing a ,descrip
ton Of the property affected by -sucl, pro
ccedings, and IT,, notwithstanding such
objections, the common council shall con
firm the award. such persons so objectine
shall have the right to appeal from such
order Of confirmation to the district cour
Of the county in which said city is locat