The Appeal. [volume] (Saint Paul, Minn. ;) 1889-19??, 1905-04-29

interested, and upon such notice as the
court shall prescribe, determine who is
entitled ai to the award and shall order the
shall have the same effect as the pay
snent to the proper persons.
Sec. l6: In case any owner or owners
of buildings: as aforesaid, shall have
elected to remove his Or their buildings,
he or they. shall remove them within
thirty days from the confirmation of said
city council may allow for the purpose,
and shall be entitled to the payment Of
the amount of damages awarded in such
person or persons shall not have elected
to remove such buildings, or shall have
neglected ed (after haying elected to re-
specified, such buildings. or so much
thereof as may be necessary, upon paying
or depOsiting the damages awarded for
be taken and appropriated, sold or dis
elect.
Sec. II. Any person whose property is
proposed to be taken or interfered with
or assessed under any provision of this
act, or who claims to be damaged by the
Improvement. and who deems that there
is any irregularity in the proceedings of
said city council or action Of the APP
pralSers, by reason Of which the award
Of g the appraisers ought not to be con-
amount of damages awarded to him for
the taking of, or interference with his
property. or the assessment thereon may
the consideration of the award and as
sessment by the city council, file with
the city clerk in writing, his objections
in specifically the particular Irregularities
complained Of. and the particular objec-
ton to the award or assessment, and
containing a description of the property
in which he is interested, affected by such
proceedings and his interest therein, and
II. Notwithstanding such objections the
or assessment. such persons so objecting
shall have the right to appeal from such
order of confirmation of the city council
which said city is situate, within twenty
days after such order. Such appeal shall
be made by serving written notice Of
specify the property of the appellant af-
fected by such award or Improvement,
and refer to the objection filed as afore-
s sa3a err 4Po Sad city clerk at the
and transmit to the clerk of the district
court q. copy of the record of the entire
praisers as confirmed by the city council,
and of the order of the city council con-
hrmlng the same, and of the objections
filed by the appellant as aforesaid. and
OF the notice of appeal all certified by
said city clerk to be true copies, within
ten days after the taking of such appeal.
But if moro than one appeal be taken in
necessary that the city clerk in appeals
subsequent to the first shall send up any
f ants but Certified 6q2e Of the appel
shall, determine in the first instance
whether there was in the proceedings any
prejudicial to the appellant and specified
in his written objection that as to him
the the S award or assessment Of the apprais::
appraisers had jurisdiction to take action
in the premises.
Sec. is. The case may be brought on
general or special term Of the c court. a and
the judgment of the court shall be to
confirm or annul the proceedings, only so
far as the said proceedings affect the
property Of the appellant proposed to be
taken or damaged or assessed, and de-
scribed in said written objection. In
case the amount of damages or benefits
liant, the court shall, if the proceedings
be confirmed in other respects, appoint
three disinterested free-holders. residents
said damages, and reassess benefits as
to the property of appellant The parties
to such appeal shall be heard BY said
praisers, and the court shall fix the time
and place of meeting of such appraisers,
they shall be. sworn to the faithful dis
charge Of their duties as such appraisers.
and shall proceed to view the premises
and to hear the parties interested, with
their allegations and proofs purtenant to
or benefits, and proceed in all other ma
terial respects as are in this act provided
for the government of appraisers APP
pointed by, said city council. They shall.
after the hearing and view of the prem
Uses. make a report to the said court of
their award of damages and assessments
of benefits in respect to the property Of
in five days of notice Of filling the
award file his written election to remove
the if he SO b se Tbt Such fa eee
view. The award shall be final unless set
aside by the court The motion to set
aside shall be made within fifteen days.
In case such report is set aside, the
court may. in its discretion, re-commit
the same to the same appraisers, or APP
Best saG coppt sha allow to Sa said qe ap
praisers a reasonable compensation for
their services, and make such awards Of
costs on such appeal. including the COM
pensation Of such appraisers, as it shall
deem just in the premises, and enforce
the same by execution. In case the court
shall be of the opinion that such appeal
judge double costs against such appel
liant. An appeal may be taken to the SUI
preme court Of the state from any final
decision of the district court in said pro-
Sec. Is: In case of any appeal the time
for making payment Of awards shall be
EXTENDED as TO all TRACTS embraced III
the proceeding to sixty days after final
determination of all appeals.
Sec. 20; The notice prescribed in sec:
persons whose rights or interests may be
affected by the diversion Of such waters,
but whose lands are not otherwise taken.
ceeding, and all such persons may present
to the appraisers evidence of the dam
ages which they will suffer. and the APP
praisers shall determine and award such
ia a. ma
specifying in their award the location
and the nature Of such damages and all
persons failing to present their. claims for
damages arising from the diversion Of
waters, shall be concluded by the pro-
ceeding hereunder. whether any award
Of is made to thGm or not and
afterwards in any other form Of action
sec, Il. Upon. the final determination
of all appeals in such proceeding, the
city clerk shall transmit to the auditor
of the county or counties in which the
respective lands lie copy by him duly
city |'t council neil and the clerk Of the dis
trict court shall, in like manner. certify
made upon all appeals; and the county
auditors shall include such assessments
Of benefits against each tract of land as
su w af racts of of e and @
the next annual list of taxes for general.
state, county and other purposes, and
the same proceedings shall be had for the
collection and enforcement thereof, as for
such general taxes, including like penal
ing also proceedings for the collection
and enforcement Of delinquent taxes.
Whenever any of such assessments are
collected, they shall be credited to the
city conducting such proceedings and
paid over and accounted for in like man
ner as other taxes.
Sec. o. It shall be the duty Of such
CITY to proceed with all reasonable dis