The Appeal. [volume] (Saint Paul, Minn. ;) 1889-19??, 1905-04-29
of all such land and damages for the
IA king of the

severally take and subscribe an oath to
the efeGt that they YIN tat fathfo ~ +h anr
as such appraisers, which oath shall then
and there be filed in the office of the CLERK
of said district court. Thereupon said ap,
chairman and a clerk and fix a time and
place when and where they will meet and
proceed to examine SAID real estate Whlch
said time shall not be less than ten nor or
more than twenty days after the date or
the order appointing said appraisers. Sald
chairman shall preside at, and said clerk
shall keep minutes of the meetings OF said
cause to be given to each owner or other
person having an interest in said real es-
tate, or their guardian or custodian, as
the case may. be, at least five days prior
notice in writing signed by said apprals,,
ers Of the time and place when and
where said appraisers will meet t,, and a
thereof Such notice shall be served per
sonally on such owner, guardian or Gus.
todian If found at their usual place OF
abode otherwise by delivery to and d. 1e az
erection at the usual place of abode Of
copy copy thereof hereof If su Hh owner guardian or
custodian shall not reside in said n county
ton and belief under. the. seal of his OF,
flee of the auditor. Of said county, shall
be prima facie evidences; then In such
case: service thereof shall be made by
newspaper of such county at least seven
days before the time fixed therein for
said meeting. An affidavit OF personal
service or publication shall be nrlma
facie evidence of the service Of said no
tice. At the time and place named IN
such notice said appraisers shall, and a
case Of each parcel of real estate desired
to be taken to an appraisal thereof
and Of the damage sustained by reason
of the taking thereof by said county and
sixty days from the date Of the filing Of
the order appointing them an award IN
writing of such damages, and within
to the cIerk ' Of the said district
court and to the county auditor, respec-
lively, to be filed by them in their re-
spective offices.
Sec: 4. Either party may appeal to the
district court from such award at any
time within thirty days from the date Of
the filing thereof in the office Of the clerk
notice of appeal signed by the party
auditor on behalf Of the county, and in
case of appeal by either party the clerk
such court naming ,, The owner Sn9 of Of
e eoun 4<'i Auditor or as 'A defendant and
thereafter SAID appeal shall be t tred
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 G9urt alone IT,
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
shall be decreased then the property
owner shall pay costs and DISBURSEMENTS
to the county, otherwise SAD properly
ments from the county, AS a condition
precedent to an appeal by property
owner, such property owner shall make,
execute and file in the office of the clerk
Of said court a bond to, said county In
with sufficient sureties to be approved by
the clerk of said court, conditioned that
said property owner shall prosecute MS ms
bursements adjudged against him and
abide the order Of the court therein but
no bond shall be required of any county
u Sec H' 5. ' At any time after the filing of
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 its minutes;
from the general revenue fund of said
county sum equal to the total amount
assessed as damages by said appraisers
and make the same payable on demand to
the persons entitled thereto, which action
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 can Of the ne
such land and the erection thereon of
any building by said county shall not be
delayed or prevented by the prosecution
officers and agents may, at once there
after enter upon and take possession OF
said property and appropriate the same
to the use Of said county ;a -
Sec. 6. The award Of said appraisers II
not appealed from, and the judgment rem
dered on appeal. shall be an abs1 , It e
PAID from the general revenue EN- fT4d
auditor without further action by the
board of county commissioners, and upon
such payment the land involved shall
become the absolute property of the
Sec. I. When Judgment is rendered on
appeal, the clerk Of said court shall at
tach the app!caton' all r1 notices 4Sar and
the oaths Of said appraisers and the
award, the notice Of appeal. and the final
judgments in the case, and the same shall
n ha oce the Of the eaert roll TO e
Sec. s. At any time after the adoption
of the resolution mentioned in section 1
Of this act said county, by the e1upty at
thorized to file in the office of the regis.
ter Of deeds Of said county a notice Of
lis pendens, which said notice shall con-
tain the names of the parties, the object
Of the proceedings and a description of
the land involved, and 1t shall have the
same effect and may be released in the
same manner as is now provided by stat
in actions affecting the title of real prop
erty between private individuals.
Sec. 9. Upon the payment of any award
or Judgment, the county attorney may
make a certificate. under the seal of his
office as to such fact, expressly describ-
ing the land and reciting the fact Of pay
ment Of the award or judgment in rela-
office of the register of deeds Of said
county for record. Said register of deeds
shall record the same at the expense of
the county, and such record shall be no
county thereto, and may be read as evil
dence of such title in all the courts of
this state and The title to Lana acgu1fed
Simple in the county 1nstituting proceed
Sec. 10. This act shall take effect and
be in force from and after it's passage.
Approved Feb. 9, 1905.
CHAPTER SIS. F. NO. II.
AN ACT to amend section seven 60 of
chapter eighty-three (SO Of the General
Laws of Minnesota for the year 1897,
entitled IAN act to provide for the loan
ing of the permanent school and per-
manent university funds of the state to
any county, school district, city, town
or village of this state, as authorized
by section six 60 of article eight 80 OF
the Constitution of the State of Mime
sota.'
Be it enacted by the Legislature of the
State of Minnesota:
Section 1. That section seven 60 of
chapter eighty-three (S3) Of the General
Laws Of Minnesota for the year 1897, be
and the same is hereby amended so as to
read as follows:
Sec. Z. No loan shall be made which
with all other Indebtedness shall exceed
of the assessed valuation Of the taxable