The Saint Paul globe., 1899-04-27

BE- a. w nencNCr Ine common council
shall determine upon The lands 10 be talk
en- ana appropriated for the purposes of a
market, 1t shall designate the same
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 fled Herewith with the
City Clerk, ana such common council shall
rtnen or afterwards appoint hNe 20 conf
miSSiGners who shall he freeholders of
said City.and no TWO of whom shall reside
in the same ward. TO view the lands or
promises to be tso) taken and apprOoriat-
ed. and ascertain and award the amount
OF damages and compensation to be paid to
the owners of the property so to be taken
and app cpIlatcd. Three or more of such
commissioners shall constitute quorum,
and be competent to do any act required
Of such commissioners. They shall be no
titled 10y The city clerk by notice to be
served on them seVerally, either per-
sorally or through the mail, TO attend at
his Office on or before q day fixed by him,
not less than two t2l 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 10 attend
as aforesaid he shall forfeit and pay TO
said city the sum OF fifty t50 dollars 10 be
recovered TO the use of such city in I civil
action i'm any court located in the county
IN which such city shall be situated, and
In case a quorum of such commissioners
shall not 50 attend at the time and place
designated in such notice. the mayor OF
such city may in writing, appoint enc or
more commissioners in the stead Of any
such absentees. The commissioners shall
be- sworn by the clerk of any officer au-
thu}iZCd to administer Oaths, to discharge
their duties as such commissioners in the
matter with fidelity and impartiality and
make due return Of their action 10 such
common council: They shall give notice
by two % publications In the official
paper of such city. that they Will
on the day designated IN such notice,
which shall be at least ten Q0l days
after the first QsD publication of
such notice, meet at place designated
In such notice on or near the premises
proposed 10 be taken and appropriated,
and ascertain ana 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 prepG-
ration of their award. adjourn or go to
any other convenient place in such city;
and such commissioners shall make q true
and impartial appraiScment and award of
the compensation an6 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
matter to committee to hear such OBJ
jectiOns, and report thereon. The COM
mon council may confirm such award by
vote of UWO-thirds {2-S) of the mem bers
elect thereof, or annul the same or send
the same back to the same or q new board
of commissioners, for further consdera-
ton, and such commissioners may, In such
case again on giving notice published
once in the official paper of such city,
meet at a time and place TO be designated
in such notice which shall be at least
two % days after the publication OF such
notice, and hear any further evidence
that may be adduCed 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
may deem just, and again report such
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. l. Whenever an award of COM
pensatiOn and damages shall be confirmed
by such common council and not aD-
when appealed from, shall not be set
aside by the court, the same shall con-
stitute lawful and sufficient condemna-
ton and appropriation Tor pubic use or
the land and property and rights of prop
erty for which compensation or damages
are so awarded, and such damages or
compensation shall thereupOn become q
public charge against such city to be
payable within one year after the con-
f1rmation of the award or the determine
ton OF the appeal therelrom; such COM
mon council may at It's 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 in
such city. In case such payment Is not
made within one year after the conflrma-
ton of such award or the determination
of the appeal therefrom, the proceedings
shall be deemed to be abandoned. Before
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. In
case of neglect to furnish such abstract
or there shall be any doubt as to who is
entitled to such compensation or damage,
or any part of the same, the amount so
awarded shall be by the common council
appropriated and set apart in the city
treasury for whoever shall show clear
right to receive the same. The common
council, may, In its discretion, require of
such claimant a bond of good and suff1-
cient sureties conditioned to indemnify
and save the city harmless against all
other claims for such compensation or
damages or for the property for which
the same was awarded, and all loss, costs
Provided, that whenever the attorney for
such city shall certify in writing
through the common council, that
the said award shall be paid, the said
common council may order a warrant to
be drawn for the same payable to the
clerk Of the district court OF the county
IN which said city may be located and
the city clerk shall deliver the same to
said clerk of the court and ask him
receipt for the same which deposit with
said clerk Of the court shall have the
same effect as If set aside In the city
treasury, IS hereinbefore provided, and in
case the parties entitled to the same shall
establish their right to the same by a
petition to said district court setting up
the facts emitting them thereto, and by
proving the same to the satisfaction of
the court when so established the court
the same shall be paid. Upon the pay
ment of said award or appropriation, or
the setting apart of the money in the
city treasury to pay the same as afore-
said, the city shall become vested with
the title to the property taken and con-
demned, absolutely, for all purposes for
which the city may have occasion to use
the same, and may forthwith enter upon
and use the same.
Sec. 3. Any person whose property IS
proposed to be taken or condemned un-
der any Of the provisions of this act and
who deems that there is any irregularity
IN the proceedings Of the common council
or action of the commissioners, By rea-
son of which the award Of the commits
sioners ought not to be confirmed or
who is dissatisfied with the amount of
damages awarded to him for the taking
of or interference with his property may,
at any time before such award shall be
confirmed by such common council, file
with the city clerk in writing his objec-
tionS to such confirmation, setting forth
therein specifically the particular injuries
complained Of, and containing q descrip-
ton of the property affected by such PRO
ceedngs, and If, Notwithstanding such
objections, the common council shall con-