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its duty, to devise and adopt a system of public parks and park ways

within the limits of and for the use of the city of Minneapolis, to desig

nate the lands and grounds to be used and appropriated for such purposes, to cause the same to be surveyed, platted, and the plat thereof to be filed in the office of the City Engineer, and upon obtaining title or the right of possession to the same, or any part thereof, to take possession of, hold, govern and administer the same, and to lay out and improve the same according to such plan as the said board may adopt for such purposes.

SEC. 3. Power and Authority to Obtain Title to Lands. The said Board of Commissioners, and their successors, shall have power, and it is hereby authorized to obtain title for and in the name of the city of Minneapolis, to any lands so designated by it for the purpose of this act, by gift, devise, purchase or lease, and shall have power to accept and receive donations of money, property or lands, for the use of the said city for the purposes contemplated in this act.

SEC. 4. Authority to Condemn Land and Method of Procedure The said Board of Commissioners shall have power, and it is hereby authorized to condemn for the use of said city, any tract or tracts, parcel or parcels of land, or any interest therein, which it may have designated as hereinbefore provided in the second section of this aet, and when such condemnation shall have been completed and the lands paid for as herein provided, the title to such lands shall pass and be vested in fee simple in the said city; for the purpose of making and perfecting such condemnation, the said board of commissioners shall proceed in the manner following:

(1) The board of Park Commissioners shall appoint as many appraisers as there may be wards of said city, selecting one from each ward, who shall be a disinterested freeholder, and qualified voter of said city, to view the premises and appraise the damages which may be occasioned by the taking of private property or otherwise in making said improvements; said appraisers shall be notified as soon as practicable by the Secretary of said board to attend at a time to be fixed by him, for the purpose of qualifying and entering upon their duties; and in case any such appraiser upon being so notified shall neglect or refuse to attend as aforesaid, he shall forfeit and pay a fine to said city not exceeding fifty ($50.00) dollars, and shall be liable to be prosecuted therefor before the Municipal Court of said city as in the case of fines imposed for violation of an ordinance of said city, and the appraisers in attendance shall be authorized to appoint another appraiser or appraisers in place of any absentee or absentees aforesaid, selected in each case from the ward not represented, and possessing the qualifications aforesaid.

In all other cases of vacancy the board of Park Commissioners shall fill such vacency.

(2) The appraisers shall be sworn to discharge their duty as appraisers in the matter with impartiality and fidelity; and to make due return of their acts to the board of Park Commissioners.

(3) The said appraisers shall, with all reasonable speed, give notice by publication in the official newspaper of said city for at least ten (10) days, to the effect that a plat of the lands designated by the board of Park Commissioners has been filed, and that the said appraisers will meet at a place and time designated by them, and thence proceed to view the premises, and appraise the damages for property to be taken, or which may be damaged by such improvement.

(4) At the time and place, according to said notice, the said appraisers shall view the premises and may hear any evidence or proof offered by the parties interested, and adjourn from day to day for the purpose aforesaid. When their view and hearing shall be concluded, they shall determine and appraise the amount of damages to be paid to the owner or owners of each parcel of property proposed to be taken, or which may be damaged by such improvement.

(5) If there should be any building standing, in whole or in part, upon the land to be taken the said appraisers shall in each case determine the amount of damages which should be paid to the owner or owners thereof in case such building, or so much thereof as may be necessary, should be taken, and shall also appraise and determine the amount of damages to be paid such owner or owners, in case he or they should elect to remove such building. and the damages in relation to building aforesaid shall be appraised separately from the damages in relation to the land upon which they are erected.

(6) If the lands and buildings belongs to different persons, or if the land be subject to lease, mortgage or judgment, or if there be any estate in it less than an estate in fee, the injury or damage done to such persons or interests respectively may be awarded to them by the appraisers.

(7) The said appraisers, having ascertained and appraised the damage aforesaid, shall make and file with the Secretary of said board of Park Commissioners a written report to said board of Park Commissioners of their action in the premises, embracing a schedule or appraisement of the damages in each case, with a description of the land and names of the owners, if known to them, and also a statement of the costs of the proceedings.

(8) Upon such report being filed, the Secretary of the board of Park Commissioners shall give at least ten (10) days notice by publication in the official newspaper of said city, to the effect that said appraisement has been returned, and that the same will be confirmed by the board of Park Commissioners, at a meeting thereof to be named in said notice, unless objections are made in writing by persons interested in any land required to be taken. Any persons interested in buildings standing in whole or in part upon any land required to be taken by such improvement shall, on or before the time specified in such notice, notify the said board of Park Commissioners in writing of their election to remove such building. The board of Park Commissioners, upon the day fixed for the consideration of such report, or at such subsequent meetings to which the

same may stand over or be referred, shall have power in their discretion to confirm, revise or annul the appraisement, giving due consideration to any objections interposed by parties interested.

(9) The damages appraised shall be paid out of the park fund, and shall be paid or tendered, or deposited and set apart in the treasury of said city to and for the use of the parties entitled thereto, within six (6) months from the confirmation of such appraisement and report; and the land and property required to be taken for the purposes aforesaid shall not be appropriated until the damages awarded therefor to the owner thereof shall be paid or tendered to the owner or his agent, or deposited and set apart for his use as aforesaid; and in case the said board of Park Commissioners shall be unable to determine to whom the damages in any particular case so awarded shall be paid, or in case of disputed claims in relation thereto, the damages in such case may be deposited by order of the board of Park Commissioners in the District Court of the county, in the same manner as moneys are paid into court, until the parties entitled thereto shall substantiate their claim to the same.

(10) In case any owner or owners of buildings as aforesaid shall have elected in manner aforesaid to remove his or their buildings, he or they shall so remove them within thirty (30) days from the confirmation of said report, or within such further time as the board of Park Commissioners may allow for the purpose, and shall thenceforth be entitled to payment from said park fund of the amount of damages awarded in such case. In case of removal, when such person or persons shall not have elected to remove such buildings, or shall have neglected (after having elected) to remove the same within the time prescribed, such buildings or so much thereof as may be necessary upon payment or depositing the damages awarded for such taking, in manner aforesaid, may be taken and appropriated, sold or disposed of as the said board of Park Commissioners shall direct, and the same or the proceeds thereof shall belong to the said park fund.

(11) When any known owner of lands or tenements affected by any proceeding within this act, shall be an infant, or shall labor under any legal disability, a Judge of the District Court of Hennepin county may, upon application of said commissioners, or of said board of Park Commissioners, or such party or his next friend, appoint a suitable guardian for such party, and all notices required by this act shall be served upon such guardian.

(12) Any person whose property is proposed to be taken or interfered with, under any provisions of this act, and who deems that there is any irregularities in the proceedings of the said board of Park Commissioners, or action of the appraisers, by reason of which the award of the appraisers ought not to be confirmed, or who is dissatisfied with the amount of damages awarded to him for the taking of or interference with his property, may at any time before such award shall be confirmed by the board of commissioners, file with the Secretary of said board in writing,

his objection to such confirmation, setting forth therein specifically the particular irregularties complained of, and containing a description of the property affected by such proceedings, and if, notwithstanding such objections, the said board shall confirm the award, such person so objecting shall have the right to appeal from such order of confirmation of the board to the District Court of the county of Hennepin, at any term, within ten (10) days after such order; such appeal shall be made by serving a written notice of such appeal upon the Secretary of said board, which shall specify the property of the appellant affected by such award and refer to the objection filed as aforesaid, and by also delivering to said Secretary a bond to the city of Minneapolis, executed by the appellant, or by some one on his behalf, with two (2) sureties who shall justify in the penal sum of fifty ($50.00) dollars. conditioned to pay all costs that may be awarded against the appellant. Thereupon the said Secretary shall make out and transmit to the Clerk of the said District Court a copy of the award of said commissioners, as confirmed by the board, and of the order of the board confirming the same, and of the objection filed by the appellant as aforesaid, all certified by said Secretary to be true copies, within ten (10) days after the taking of such appeal. But if more than one appeal be taken from any award it shall not be necessary that the Secretary in appeal subsequent to the first, shall send up anything except a certified copy of the appellant's objection. There shall be no pleading on such appeal, but the court shall determine in the first instance whether there was in the proceeding any such irregularity or omission of duty prejudicial to the appellant and specified in said written objections, that as to him the award or appraisement of the appraisers ought not to stand, and whether said appraisers had jurisdiction to take action in the premises. The case may be brought on for hearing in eight (8) days notice, at any general or special term of the court, and shall have precedence of other civil cases, and the judgment of the court shall be either to confirm or annul the proceedings, only as the same affects the property of the appellant proposed to be taken or damaged, and described in said written objection. From such determination no appeal nor writ of error shall lie. In case the amount of damages awarded is complained of by such appellant, the court shall, if the proceedings shall be confirmed in other respects upon such confirmation, appoint three (3) disinterested freeholders, residents of said city, appraisers, to re-appraise such damages. The parties to such appeal shall be heard by said court upon the appointment of such appraisers, and the court shall fix the time and place of meeting of such appraisers; they shall be sworn to the faithful discharge of their duties as such appraisers and shall proceed to view the premises and to hear the parties interested with their allegations and proofs pertinent to the question of the amount of such damages; such appraisers shall be governed by the same provisions in respect to the method of arriving at the amount of damages, and in all other material respects as are in this act made for the government of appraisers ap

pointed by said board. They shall, after such hearing and view of the premises, make a report to said court of their appraisal of damages in respect to such appellant. The award of such appraisers shall be final, unless set aside by the court for good cause shown. In case such report is set aside, the court may in its discretion re-commit the same to the same appraisers or appoint new appraisers, as it shall deem best, but no appeal or writ of error shall be allowed from any order of the court, in the premises; said court shall allow a reasonable compensation to such appraisers for their services, and make such award of costs on such appeal, including the compensations of such appraisers, as it shall deem just in the premises.

In case the court shall be of opinion that such appeal was frivolous or vexatious, it may adjudge double costs against such appellant. The board of Park Commissioners shall have the right, any time during the pendency of any proceedings for the improvement authorized in this act, or at any time within thirty (30) days after the final order of the court, or any appeal from such proceedings, to abandon all such proceedings whenever it shall deem it for the interest of the city to do so.

(13) As soon as said proceedings for acquiring the title to such lands shall have been completed, it shall be the duty of said commissioners to make, or cause to be made, an accurate description of all such lands as shall have been so acquired, with a statement of the amount of damages awarded and paid to each former owner for the land so acquired, which shall be certified by the President and Secretary of said board, under the official seal of the said board, and be filed for record in the office of the Register of Deeds of said county of Hennepin, and it is hereby made the duty of said Register of Deeds to record the same among the records of transfers of real estate in said county, which records shall be prima facie evidence of title to such land, and of the transfer of all the interest of such former owner in the same to said city of Minneapolis. It shall also be the duty of said commissioners to file with said Register of Deeds correct plats of all such lands as they may acquire for the purposes of this act, which shall be kept on file and of record in the office of said Register of Deeds in like manner as plats of additions to the city of Minneapolis. SEC. 5. Appointment of Park Assessors and Assessment of Benefits. As soon as the amount required for the purchase and condemnation of any lands selected for parks and park ways shall have been ascertained by said board of commissioners with reasonable certainty, it shall apply to a Judge of a District Court of Hennepin county for the appointment of three (3) freeholders of the city of Minneapolis as park assessors. Notice shall be given in the official newspaper, published in the said city, of the time when such application wiil be made, and all parties interested may appear and be heard by said judge touching said appointment.

The court after hearing such persons as shall desire to be heard touching such appointment, shall nominate and appoint three (3) assessors who