New Ulm review. (New Ulm, Brown County, Minn.) 1892-1961, 1905-05-24


the effect that they will faithfully and
impartially and to the best of their
knowledge and ability; perform their duty d11d.,
and there be filed in the Office of the clerk
of said district court. Thereupon said APP
praisers shall organize by electlng
chairman and clerk and fix a time and
place when and where they will meet and
proceed to examine SAID real estate, winch
said time shall not be less than ten nor
more than twenty days after the date OF
chairman shall preside at, and said clerk
shall keep minutes of the meetings of said
appraisers. Said appraisers shall give or
cause to be given to each owner or other
tate, or their guardian or custodian. as
the case may be, at least five days PRIOR
to the day Of meeting named therein, a
notice in writing signed by said appra1s-
ers of the time and place when and
!! where said appraisers will meet and
naft Of the tn
sonally on such owner, guardian or Gus
todian II found at their usual place Of
abode, otherwise by. delivery to and leaV-
ing with person of suitable age and dis
erection at the usual place of abode OF
such owner, guardian or custodian,
copy thereof. If such owner, guardian or
custodian shall not reside in said county
Of which fact the certificate on informa-
ton and belief under the seal of his of,
flee Of the auditor of said county, shall
be prima facie evidence; then in such
case, service thereof shall be made by
publishing such notice once in the official
newspaper of such county at least seven
said meeting. An af1davit Of personal
service or publication shall be prlma
facie evidence of the service Of said no
tice: At the time and place named IN
such notice said appraisers shall, and a
majority thereof may, proceed in the
case of each parcel of real estate desired
to be taken to an appraisal thereof seI
Of the taking thereof by said county and
shall make and sign in duplicate within
sixty days from the date of the filing Of
writing of such damages. and within
said last mentioned time shall deliver the
same to the clerk Of the said district
n and nd to to The county it be
spective offices.
Sec. 4. Either party may appeal to the
district eourt !, from such award at ia any ~
the filing thereof In the office of the clerk
Of said court by filing with said clerk a
notice of appeal signed by the party
auditor on behalf Of the county, and in
| shall enter the appeal as an action" in
s sueh f iand as a piainti f o AND the
| county auditor as defendant and
thereafter said appeal, shall be tried
as other causes in said court are tried
and Judgment rendered thereon, except
| that the only question to be submitted to
| the jury, If the parties do not agree to
| try the whole cause to the court alone,
| shall be the question of damages In
| case such an appeal shall be taken by
the property owner. and upon trial the
award Of the appraisers shall be raised
costs and disbursements from the county
| otherwise such property owner shall pay
costs and disbursements to the county
| If such appeal shall be taken on behalf
! Of the county and upon trial the award
| shall be decreased then the property
! owner shall nav costs and disbursements
| To the county otherwise said nrone1.ty
! owner shall recover cost and disburse.
ments from the county. AS a condition
| precedent to an appeal by a property
! execute and file in the ii Office Of 9th the CLERK
| of said court a bond to said county il
the penal sum of one hundred dollars
I with sufficient sureties to be approved by
the clerk of said court, conditioned tha-
| said property owner shall prosecute his
appeal With effect, pay all. costs and dis
abide the order Of the court therein, bu
| no bond shall be required ,of any county
on any appeal by it hereunder,
81 Sec. 5. At any time after the filing o.
| the award of the appraisers, as hereinbe
| fore provided, the board of county com
missioners of said county may set aside
by resolution entered upon it's minutes
from the general revenue fund of sait
county sum equal to the total amour
| assessed as damages by said appraiser.
and make the same payable on demand t.
| persons entitled thereto. which actor
| by the said board of county commission
| ers is hereby declared to be sufficient Sc
curity for the taking of such property
| for public use within the meaning Of tht
constitution, and thereupon the taking Of
| such land and the erection thereon Of
| any building by said county shall not be-
delayed or prevented by the prosecution
! of43cers and apents nav ~ onca fhere
efter entar nnon and tska noscess,nn ~
| said nrnner+v and annronriate the same
| r. fha 11se ~ said conntv wv
| Sec q The award Of said annraisers i
NOT anneaied from and the i,1dgment rem
| dered IN anneal shall he an ahso111tf
| claim against said colnfv and shall hf
| naid from the general revenue f,,nf
! thereof. on the warrant If the co11ntI
| a11difor without further action Nv the
| hoard aof county commissioners and ,,nor
| sueh payment the land involved shat
| become the absolute property of The
county.
| Sec. Z. When Judgment is rendered or
appeal, the clerk Of said court shall at
| tach the application all notices anf
proof Of publication or service thereof
! the oaths of said appraisers and the
| award, the notice Of appeal, and the fina
! constitute the Judgment roll to be filed
IN the oHce or the clerk.
| Sec. g. At any time after the adoption
| OF the resolution mentioned in section
of this act, said county, by the county at
i torney or county auditor, Is hereby au
thor1zed to file IN the office of the regis
ter OF DEEDS OF said county notice Q!