The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1903-04-24

! property and franchises, or any and all
| Thereon, shall be instituted by the presen-
| taCon OF a petition in the name of the
| city by the city attorney of such city
When directed so TO do by resolution
OF the common council of such city,
! passed by a majority vote of all mem
bers elected to such council, to the district
| court of the judicial district in which such
| city shall be- situated, setting firth a
| description of the property and franchises
| to be condemned with reasonable GER
| talnty and the names Of the owners there
| OF and or all persons or corporations haV-
| ing or claiming any right, title. or interest
| thereln as owners or henors or otherwise
| SO lar as the same appears of record IN
| any county in which said city or any
| part thereof may be situated and praying
| that such city may be authorized to take
| and hold said property and franchises
forever for the public use, free from all
! liens or encumbrances whatever, upon
| making just compensation therefor, and
| that commissioners of appraisal pe ap-
| pointed to ascertain the just compenSa-
| tlon 20 De made to any person or corpora
| Con IN any manner interested therein.
| Sec. 3. There must be annexed to such
| petition a notice addressed to the owners,
henors and other persons interested spe-
| clncally named in the petition and gen.
| orally TO all other persons nd corpora
lions having or claiming any right, title
| or interest in the property and franchises
| described in said petition and sought to be
condemned, whether as owner. lienor or
|
| at which such petition will be presented
| to the court.
Sec. 4. Such petition and notice shall
! be served at least eight Gays before the
| day named In such notice for the IreSen-
tation of such petition to the court upon
! such of the owners and lienors specifically
| named in the petition as can with reason
| able diligence be found within the state
! IN The same manner as personal selV1ce OF
| 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
| right, title or interest in or lien upon the
| property and franchises described in said
otherwise by the publication of such
petition and notice in daily newspaper
published in such city, If such there be,
| for ten consecutive days excluding sun
! the day named in such notice for the
presentation of such petition and, in case
| there shall be no such daily newspaper
published in such city, the term ''Gaily
| newspaper being deemed and taken to
| mean newspaper published ON each day
| of the week, excepting Sunday, then the
same shall be published for two consecu-
| tive weeks in some weekly newspaper
| published in said city. the last puDlica-
| ton to be at least eight days before the
| day named in such notice for the presen-
| shall be no daily or weekly newspaper
| published in such city, then such notice
and petition shall be published in the
manner provided by law for the publica-
| ton of g summons in a civil action and,
| in such case, the last publication shall
| be at least eight days before the day
named in such notice for the presentation
| of such petition.
| Sec. g. Upon the presentation of said
petition and notice and proof satisfactory
to the court of the service thereof as
herelnpetore required the. court st the
| time specified in the notice or at any
time to which the hearing shall be adj
| Journed Or continued by the court, shall
| make an order authorizing the CITY pre-
sent1ng such petition to lake and hold the
property and franchises described in such
/ petition forever for the public use free Of
| all liens and encumbranc9s whatsoever
upon making just compensation therefor.
! PROVIDED the property and franchises de-
scrlDed in such petition are sTch as the
condemnation thereof Is by this set au-
thorlzed, and, in case any property, or
franchises are attempted to be described
which is not herein authorized, the said
| court shall at the time of max
ing IN O.; of such order specify the
thereupon be deemed and taken to be be
stricken out of such petition and shall
not be further considered in such pro-
ceedlng. and the court shall further ap-
point in and by such order three dis
| interested freeholders, residents Of the
| State of Minnesota, commissioners to
ascertain the Just compensation to be
any manner interested therein and the
court shall by such, Gorder fix the time
and place for the, first meeting of the
commissioners and any person or cor
poration having or claiming any interest
whatsoever in the said property or fran
chises shall have a right to be heard in
person or by attorney upon any sub
| seqnent application to the court and to
be so heard and present his proofs upon
any hearing before the commissioners
Sec. g.. No person or corporation shall
I Inn Af
subsequent to the making of the order
| provided for by the last section other
than. notice by publication as hereinafter
required unless he shall serve upon the
attorney of the petitioner a written
notice of his appearance naming q place
where notices may be served upon him
written notice of such subsequent pro-
ceedings shall be given him by leaving
the same at the place so named.
sec. Z: The commissioners shall cause
published in said city, If there be one.
for ten consecutive days exclusive of
Sunday. notice setting forth a time
and place at which they will hold a
public meetings at which they will hear
the proofs and allegations Of the par
ties interested which shall be the time
inbefore required. such hearing may be
adjourned from time to time as the com
missioners may deem proper.
na I'm case tnGre SHAH LIB be no daily news
be published in some weekly news
paper published in said city for at
least two consecutive weeks prior
to the date of such hearing and,
in case there shall be no such newspaper
published in such city than copy of
such notice shall be posted in three (3)
public places in said city one of which
shall be the United States postoffice,
Proof of the publication or posting of
| all notices provided for in this act shall
be made as provided by law for the
in civil action in the district court and
by the affidavit Of the person posting
such notice filed with the clerk of the
district court of the county In which the
proceedings herein provided for shall be
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
| given as herein required said court may
| without notice make and file with the
clerk of said court in which such pro-
ceedtng shall be pending another order
Of like import as the first fixing another
time and place for the meeting of said
commissioners in which case like pro
ceedings shall be had as are herein pro-
vided for on the filing of the original
order fixing such time and place.
Sec. 8. Before proceeding the commits
sioners 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
discretion. They shall view the property
described in the petition and shall hear
the proofs and allegations Of all persons
by them, If any, to writing, and after the
testimony is closed thew or a ma ioritIy