The Appeal. [volume] (Saint Paul, Minn. ;) 1889-19??, 1903-05-02

y,sa ns Of A1y .es
tation of a, petition In the name Of the
city. by. the city attorney Of such city
when En- directed 50 to DO BY .eS c1t~
passed by a majority vote Of all mem e., 4.
bers elected to such council, to the district
court of the judicial district IN which sucn
city shall be situated, setting f"rth
description Of the property and franchises
to- be condemned with reasonable GER
tainty and the names OF the owners there
amd Ga MI ang sf R II
therein as owners or lienors or otherwise
so far as the same appears Of record In
county In which said city OF any
that such city may be authorized to take
and hold said property and franchises
fe1 tine
making just compensation THEREFOR ana
pointed hfa to ascertain the Just compensa-
to be made to any Or eren
Sec. 3. There must be annexed to such
petition notice addressed to the owners,
lienors and other persons interested spe-
orally to all other persons ,nd CORPORA
tons having or claiming any right, Title
or interest in the property and franchises
described IN said petition and sought to be
otherwise, specifying the time and place
| at which such petition will be presented
| to the court.
| be served at least eight days before the
| day named in such notice for the Iresen-
tatton Of such petition to the court upon
Of the the po and xh
| able diligence be found within the ftate
| in the same manner as personal sew or
the summons in civil action In the dis
trict court is by law required to be made.
| and upon such as cannot be found with
in the state. and upon all other persons
and corporations having or claiming any
props PROPERTY t and franchises IS described in said
petition, whether as owner, uenor or
otherwise, by the publication Of such
petition and notice in a daily neWspaper
| for ten consecutive days excluding sun
| day, ending at least eight days before
! the day named in such notice for the
4 presentation of such petition and, In case
there shall be no such daily. newspaper 'sA
| published in such city, the term ''caily
newspaper being deemed and taken to
mean newspaper published On each sacta gay 1ay
same shall be published for two consecu-
| tive weeks in some weekly newspaper
published In said city; the last pnnleeaa e.
day named in such notice for tho presen-
| tation of such petition and, in case there
shall be no daily or weekly newspaper
published In such city, then such notice 1Se
manner provided by. law for the publica-
| ton Of a summons in q civi! action and,
| in such case, the last publication shall
| named in such notice for the presentation
| Of such petition.
Sec. 5. Upon the presentation Of said
| petition and notice and proof satisfactory
at the
| time specified In the notice or at any
| time to which the hearing shall be ad,
| journed or continued by. the court, shall
make an order authorizing the city pre-
senting such petition to Lake and hold the
property and franchises described in such
! petition forever for the public use free OF
| all liens and encumbrancss whatsoever
provided the property and franchises DE-
scribed in such. petition are sIch as the
condemnation thereof Is by this set au-
are Sn9s 70 pr
in, said petition. the condemnation Of
V which is sb net herein auth9rised the said
same in such order and the same shall
thereupon be deemed and taken TO- be
stricken out Of such petition and shall
ceeding, and the court shall further ap-
! point in and by. such order three dis
1 interested freeholders, residents Of the
ascertain the Just compensation to be
made to any. person; or corporation IN
| any manner interested therein and the
s s9Sr p sas for BY f'h rs edt I'll the
commissioners and any person, or Cor.
poration having or claiming any n+arest
whatsoever in the said property - Iran
Sar ses sst 8 wv 3 e' any ns sub b.
gequent application to, TIE court and to
be SO heard and present his proofs upon
6ee9 ssn the os
be- entitled to any notice Of proceedings
subsequent to. the making Of the order
than notice e by publication as heretnafter
required unless he shall serve upon the
, attorney. of the petitioner a written
n9tce Of his an ang
within the state. in which case eight days
written notice OF such subsequent pro-
ceedings shall be given him by leaving
Sec. Z. The commissioners shall cause
to be published in a daily newspaper
tan in sed ety. AVS tas1a eG
s snd0a pacs at nG %d ssttR hsy f9 with o t
public meetings at which they will hear
ties nferest ado wieh shall be the time
and place fixed by the order as here
inbefore required. such hearing may he
| adjourned from time to time as the COM
| missioners may deem proper.
In case there shall be no daily news
paper published in said city, the notice
provided for in this w sse1{Gn
paper published in said city for at
to the date Of such hearing and.
there sc5 Sf no an
such notice shall be posted in three go
public, places IN said city one Of which
be It the fbe or n6ens
all notices provided for in this act shall
be made as provided by law for the
proof Of the publication Of q summons
such notice filed with the clerk of the
district court of the county in which the
pending. In case said commissioners
Shall fail to meet at the time and place
appointed in such order or in case notice
Of such meeting shall not have been
without notice make and file with the
ceeding shall be pending another order
time and place for the meeting of said
commissioners in which case like pro-
vided for on the filing Of tie 3. original
s1oners shall take and subscribe the
oath Of Office, provided by law for
poenas and administer oaths. A major
| ity Of them may adjourn the proceedings
before them from time to time in their
They yeW dhs sha neay
the proofs and allegations Of all persons
interested and reduce the testimony taken
by them, II any, to writing. and after the
Of them all, being present without I'M
necessary delay shall ascertain and de-
termine the compensation which ought
justly to be made by said CITY to ea ts
| terest in or lien upon the property and