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

the district court from the award OF the
viewers, and fling T ya the a9o doars
(s5OO), with sufficient sureties to be ap,
proved by him, conditioned if the award
and decision OF the vie" th i, cost of The
appeal and abide and satisfy any 1udg-
ment the court may render against MIN
in the premises.
Before the taking Of the appeal the the
auditor shall forthwith file with the clerk
of the district court the original Pet11lon'
upon there shall be pending in the district ct:
court civil action to determine Whether
any damage has been done the land ae,
scribed in the petition. that come Wlt INN
the provision Of the first section OF TINS
act and the amount OF sucn a i CO.,
and said action shall be tried IN the mall
ner provided for the trial Oh civil
lions. ..o I,,ae-
ANY party may appeal from the 5u Si
nent or any appealable order OF the q us
eame manner as appeals in civil actions
are taken The final. judgment IN sh Inc
action, if in favor Of the pettloaea, Si.et .
he certified to the county AUDITOR anu a.
s ne sed ny IN The manner provided in section
two 90 Of this act for the assessment u
the award Of the viewers; eoo+ and he
Sec. 4, This act shall tahe effect anu NC
in force from and after its passage
Approved April IA. 1ooa'
ct1ApTrR 1875. F. NO. 800.
AN ACT to amend chapter ten ~ G 81 rne
General Laws of the stare OF WI tn
sofa for the year 1851 ,or neln agd al, creating
Inc railroad and warehouse cona1n1sSs!;oi l
Of the State of Minnesota, ana e rn,as
the duties Of such COMMISSION ;ona 40
lion to common carriers. 80 +1,o
Be it enacted by the Legislature VI ''0
State Of Minnesota: .., ~, ~
Section !. That seGt1oaa on nareen .s avs Of
1887 is hereby amended by adding the
following subdivision:
(e) Whenever the commission IN any
Under
Eions of subdivisions (e) or f) OF s seer ~
eight (8) Of this act shall decide tnat III ~
has no JURISDICTION to- psfes fares Charges
classifications under consdera fhnt the 1
such proceeding for the reason tha far ,ne
commerce. it may make it's order dismiss
ing the proceedings rs TO s dis11is ss:'1'
ANY party art . to the proceedings inter;
yenor therein, or the attorney general
nay within thirty days after a copy OF
sucn order Is serVed on h nont app pc this is
state in which the defendant carrier or
airy one Of them, if more than one carrier
part of it's line of railroad. by serving on
the defendant carriers and filing with the
commission notice of appeal, stating
that he appeals from the order to the dis
1rict court, naming the county, and civ
ing the title of the proceedings before the
commission and the date of the order. If
warehouse commission dissent from the
order Of dismissal, the commission may
certify the question of its jurisdiction. to
the district court of any county to which
the appeal herein provided may be taken,
ard the commission shall notify defend
ant carriers and all other parties to pro-
ceedings that it has certified the question
to the district court, stating the county
and the date Of the certificate upon the
taking of an appeal or the certifying the
question of jurisdiction to the court, the
commission shall forthwith file with the
clerk Of the court to which the appeal is
takenn. or certificate made, all the papers,
dence had before the commission includ-
irg the notice Of appeal and the findings
OF the commission and order of dismissal,
and upon the filing Of such papers, there
shall be pending in said court a civil ac-
ton for the purpose Of determining the
question of jurisdiction of the commits
sion to hear and determine the reason
ahleness of the rates, fares charges or
tons involved in the decision
and order of the commission .hereinbeforc
referred to. That said action may be
brought on for hearing by either party
on ten days notice in term time or in
vacations, and the court shall proceed to
near the same upon the evidence taken
before the commission, and such further
evidence as may be offered in the manner
2 1inJs by law for the trial of civil
court shall make its order affirming or
reversing the order of the commission
T.; ;.hd IN case the order OF the commission
IS reversed, the proceeding shall be again
taken up by the commission and the
ME ritS. iA
Any party to the action, the attorney
general Or the railroad and warehouse
conn mission may appeal to the supreme
IN the manner provided for appeals in
civil actions. 'pI~''@ ~
~ Sec &C.: 2 This act shall take effect and be
IN force from and after it's PASSAGE "
Approved April II, 1903.
CHAPTER 1905. F. NO. 49,
AN act to amend section one thousand
tWo hundred and nineteen Q219) of the
General Statutes Of one thousand e1eht
h hunafed al and +n3inety-four ds94?, as
thirty-three (33) of the General i laws
of one thousand eight hundred and
ninety-nine qs99), providing for duties
DC vlllase oHcers and payment of or
State of Minnesota: '-A'
two hundred and nineteen G2io) '1 Of Gan1
era1 Statutes Of thousand eight HIM
6 or, 1oa ana d ninetyofour Gssp, as amended
(33l Of General Laws Of one Thousand
eight hundred and ninety-nine (1s99). be
ana the same is hereby amended so as to
~ Section 1919. Village Oficers-Oath-
Bond-Treasurer's Duties. The inhab-
1tants of said village having the qualifl-
G cat IONS of eectors Of members of the leg
1slature of the State of Minnesota, as
hereinafter provided. may elect a presi-
dent. three trustees, a treasurer. a re-
corder. and. If said village is a Separate
electlon district. an assessor, who shall
hold their respective offices for one year
or until their successors are elected and
qualified; also two Justices of the peace
and two constables who shall hold their
respective offices for two years. or until
their successors are elected and quail
fed: and. before entering upon the duties
of their respective offices, they shall each
take an oath or affirmation to support
the constitution and laws of the State Of
minnesota: and faithfully discharge the
duties of his office. The treasurer shall
give bonds for twice the amount of funds
collected. The treasurer shall keep
true account Of all moneys by him re-
ceived by virtue of his office, and the
manner in which the same are disbursed
IN book provided for that purpose. and
shall exhibit such account. together with
his vouchers. to the village council at it's
called for by resolution of said council
for adjustment. and shall deliver all books
and papers belonging to his Office and
urer, to his successor in Office Provided
that the treasurer shall not pay out anv
moneys in his hands except upon the
written order order Of the president Of the
from the county treasury such mon
eys as may be due said cor
poration. for the use of said vii
give proper vouchers therefor. And pro-
vided, further, that each and every vii
lage treasurer in this state shall keep a
pense Of the village, in which he shall
enter. the village orders that he cannot
pay for want Of funds when presented
to him for payment which orders when
urer by putting on the back Of the same
the words not paid for want Of funds"