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


IN such case. in case Of removal. When
such person or persons shall not have
elected to remove such buildings, or shall
the sf be te
speclned, such buildings, or so much
thereof as may be necessary, upon paying
or depositlng the damages awarded for
such taking in manner aforesaid, may be
taken and appropriated, sold or disposed
of as the said governing body shall di-
rect.
is proposed to be taken or interfered with
or assessed under any provision Of this
chapter, and who deems that there Is any
irreguliarlty IN the proceedings Of said
praisers, by reason Of which the award
Of the appraisers ought not to be con-
tirmed, or who is dissatisfied with the
amount of damages awarded to him for
property, or the assessment thereon, may
at any time before the time specified for
the consideration of the award and as
sessment by the governing body. file
with the secretary of the board or the
city clerk, as the case may be, in writing,
ms ob5ectlons to such confirmation, set
ular Irregularities complained of. and
the particular objection to the award or
assessment, and continuing a description
of the property in which ne is interested,
terest therei, ' and pioi it. netwithstanding
such objections the said governing body
shall confirm the award, or assessment,
such person SO objecting shall have the
right to appeal from such order Of con-
frmation of the governing, body to the
district court Of the county where such
land is situate. within twenty days after
by serving a written notice Of appeal
upon the secretary Of the board. or the
city clerk. as the case may be, which
shall specify the property of the appel
liant affected by, such award and refer to
upon said secretary or city clerk, at the
expense Of the appellant, shall make out
and transmit to the clerk of the district
court a copy of the record of the entire
proceedings, and of the award of the ap-
praisers as confirmed by the governing
body and Of the order of the governing
jections filed by the appellant, as afore-
said, and of the notice of appeal, all Ger
titled by said secretary or city clerk to be
true copies, within ten days after the
one appeal be taken from any award, it
shall not be necessary that the secretary
or city clerk in appeals subsequent to the
first, shall send up anything but a certi-
There, shall be no pleading on any APP
peal, but the court shall determine In the
first instance whether there was in the
proceedings any such irregularity or
omission Of duty prejudicial to the appel
liant and specified in his written objection
that as to him the award or assessment
Of the appraisers ought not to stand, and
whether said appraisers had jurisdiction
to take action in the premises:
Fourteenth-The case may be brought
on for hearing on eight days notice, at
any general or special term Of the court 1o IT,
confirm or annul the proceedings, only so
far as the said proceedings affect the
property of the appellant proposed to be
scribed in said written objection. In case
the amount of damages or benefits as
sessed is complained Of by such appel
liant, the court shall, if the proceedings
three disinterested freeholders, residents
of said city, appraisers, to reappralse
said damages. and reassess benefits as to
the property of appellant, The parties
court upon the appointment Of such ap-
praisers, and the court shall fix the time
and place Of meeting OF such appraisers
they shall be sworn to the faithful ;s d1s-
and shall proceed to view the premises
and to hear the parties interested, with
their allegations and proofs pertinent to
the question of the amount of damages
erned by the same provisions In respect
to the method of arriving at the amount
of damages or benefits and IN all other
made for the government OF appraisers
appointed by said governing body. They
shall, after the hearing and view OF the
premises, make report to SAID court OF
their award of damages and assessment
of benefits in respect to the property OF
such appellant. The appellant shall with
in five days of the notice Of filing the
the building if he SO elect. Such election
shall not affect his right to review. The
award shall be final unless set aside by
the court. The motion to get aside shall
be made within fifteen days. In case
such report is set aside, the court may, in
it's discretion, recommit the same to the
same appraisers or aha ap2 Seem b msM
s sa}d coart shall allow Sa said APPRAISERS
reasonable compensation for their serv-
ices, and make such award of costs on
such appeal, including the compensation
in the premises, and enforce the same by
execution. In case the court shall be of
the opinion that such appeal was fr1vo-
lous or vexat ious, it may adjud &c double
costs against such appellant. An appeal
may be taken to the supreme court of the
state from any final decision Of the dis
trict court in said proceedings.
Sec. g. AS soon as such condemnation
proceedings have been completed, it shall
be the duty of such g oy r,nh R0dy to
ment to be made, with list of the par,
on account Of each parcel, and to file one
of such maps and list duly certified by
the president of the governing body and
the clerk or secretary, as me a case may may
the office of the city engineer, the office
of the register of deeds Of the county,
and the Office of the city clerk or secre-
tary of the park board, as the case may
evidence of the full and complete condem-
nation and appropriation of such ease
ment for the public use. AS soon as the
of the board Of park commissioners or
the city clerk, or the clerk of the dis.
trict court, as the case may be-, shall
transmit copy thereof or, duly cer I'll TO
the lands lie. The county auditor shall
include the same in the next general tax
list for the collection Of state, county and
parcels of land, and said assessments
Shall be collected with and as a part Of,
and shall be subject to the same penal.
ties costs and interest, as the general RAJ
d down in the tax books in an Appropriate
column to be headed, Building Line
Assessments" and when. collected sep
arate account thereof shall De KEPT t, py
transmitted to the treasurer OF the city,
and placed to the credit of the proper
fund.
ing line easement or any portion Thereon;
Sec. s. This act shall take effect and
be In force from and after it's passage.
Approved April IA, 1913.
CHAPTER 1911. +. NO. 533.
AN ACT to provide for the release and
discharge OF executors. adm1n1strators
and guardians, and for the deposltlng
with the county treasurer of funds be-
longing to absent heirs, legatees, wards
or creditors, or other persons whose
whereabouts cannot be ascertalned.
Re It enacted by the legislature of the
State of Minnesota:
Section /. That whenever an executor
or administrator shall have fully com
~ the anal decree of distribution and Of
all ali other s1 DEGREES and orders Of the pro
bate court appointing him, and shall haye
paid over to the dlstf1ourGbeS ai ef the