Show AN ACT TO PROVIDE eor FOR F OR RIGHT OF WAY FOR CANAIS carais S FOR SALT LAKE laue CITY I 1 I 1 I 1 I 1 be ac it enacted by the governor and legislative Assembly of the territory of utah that tile the corpor corporation atlow of salt lake city is empowered to supply its inhabitants inhabitant with water and ami for that purpose to construct and maintain such canal canals ditches blumes flumes dams reservoirs and other means for procuring diverting and conveying water as may be necessary alt ait although lough the same may be or extend beyond the corporate limits of said city sic hec si C 2 whenever said city shall not have acquired by gift or purchase any land real estate or claim necessary for the construction or maintenance of such canal ditch flume reservoir or dam dat or other means of storing diverting ud and con beying v ye ayin sing ying W water 11 ter or which ma may y be affected ec by any open operations eions connected with the construction or maintenance ance of the same the said corporation may present to the judge of the district court of the judicial district wherein such lands real estate or claims shall be situated a petition signed by the mayor attorney or agent of the same describing with convenient accuracy and certainty by maps or otherwise the lands real estate or claims so required to be taken or affected as afore aforesaid ald aid set ting forth the purpose for which said land is required the name and resi denee dence of each owner or other person interested therein as owner lessee or as is far as known to such mayor attorney or agent or appearing of record upon local or county record and praying the ap of three appraisers to ascertain the tho compensation to be made to such owner and person interested for the taking or ilij injuriously furiously urious ly affecting such land real estate or claims as a ore said sm SEC 3 the said judge shall have satisfactory evidence that notice of II 11 an intended application and the i y time and place thereof thereof for the appointment of appraisers between between the said corporation wp oration and the owners and the persons interested in such lands real estate and claims has bas been given at least ten days previously ja to such much owners person ally aily or at their i reil real residence dence denee or on the premises or by fe the publication thereof in a news paper having general circulation in the district in which such lands real estate or claims shall hall be situated such such publication to be allowed only on in respect to owners or persons perso s interested who shall appear by affidavit I 1 to have no residence in the county known to such mayor attorney or agent which notice shall be published at least 30 days prior to the time fixed for the application aforesaid the rho rhe court may adjourn the tho proceedings from time to time shall direct any future notice thereof to be given that may seem proper shall have pare proofs and allegations of nil all D nii 11 parties interested interested te touching the regularity of the tile proceedings and shall by an entry in its minutes ap bint three disinterested appraisers ap ers as aforesaid specifying in in such entry a time and place for the first meeting 1 of such appraisers SEC 4 the said appraisers before entering upon the duties of their office nice fice shall take an oath to faithfully fully and impartially discharge their duties as said appraisers and any one of them may administer oaths to witnesses It nesses produced before them they may issue subpoenas and comi pel hei witnesses to attend and testify and may ad adjourn ourn and hold meetings jaectin gs for that thai pur pun burpoe poe po e and shall shail give reasonable arev jious notice to such owners elsor or parties interested they shall hear the proofs and allegations of the parties and any two of them after reviewing the premises promises shann without fear favor or partiality ascertain and certify the compensation proper to bo be made to aid said parties or owners interested for the lands real estate or claims to be taken or affected as well as all damages accruing couill to 0 the tiie owners or parties c interested in consequence of the condemnation dem nation of the tile saine same taking or injuriously affecting as aforesaid anakin making such deduction or allowances for the real benefits or advantages which such owners or parties interested inte may derive from the construction st of such suell canal ditch fiume flume dam or reservoir or other means of diverting or conveying water they or a majority of them shall mawe make subscribe and file in ithe tile office of tile tiie clerk of the IN district strict court of the tile district in which such lands real estate or claims shall lie lle a certificate M to of the said ascertainment and assessment in which such lands real estate or claim claims shall bc described with convenient certainty and accuracy SM 5 rho phe said Judge Judg cupon upon such certificate and due proof that such compensation and separate sums s if any be certified have been paid to the parties entitled to the same or have been deposited to tile the credit of such parties with the clerk of the court or other place for that purpose approved by the court shall make and cause to be entered in its minutes a rule describing cl such land rea real I 1 estate or claim claims 3 in manner aforesaid anore afore aid ald 1 such ascertainment of tion with mode of making it and each payment or deposit of the compensation pensa tion as afore aforesaid qaid raid a bertill certified led copy of which shall be recorded and indexed in the Recorder recorders 9 office of the anda e proper ra r county in like manner nth rth and w with like effect as if it were a deed of conveyance from the said owners and parties interested to the said corporation upon the entry of each rule the said corporation shall have h ave exclusive right title and possession of all such lands real estate or claims described in said rule as required to betaken betoken be taken as aforesaid and may take possession of and hold hoid and use the same for the purpose of df such canal ditch flume dam clam or reservoir or other means of storing diverting and conveying water and shall shail thereupon be discharged from all claims for any damage by reason of any matter specified in such petition certificate or rule of said district court SEC 6 if at any time afterman after an attempted or actual ascertainment of compensation under this act or any purchase by or donation to said corporation po ration of lands or claims for purposes aforesaid it shall appear that the title acquired thereby to all or any part of such lands for the use of said corporation or if said assessment shall fail or be deemed defective the said corporation shall proceed and perfect such title by procuring an assessment of the compensation pensa tion proper to be made to any person who has title claim or interest in or lien upon such lands and by making payment thereof in the manner hereinafter provided as near as may be and at any stage of such new proceedings arof any proceedings ce under this act the said judge jude may by rule in in that behalf made made authorize the said corporation if already in possession and if not in possession to take possession of and use said premises during the and until the final conclusion of sueh such proceedings and may stay all actions and proceedings against such corporations on account thereof pro provided vi aed said corporation shall pay a sufficient sum into court or give approved security to pay the compensation in that behalf when ascertained and in in every case where possession shall ie be authorized it shall be lawful for the owners to conduct the proceedings to a conclusion if the same shall be delayed by the corporation the said appraisers shall receive five dollars per day day as compensation for each day actually employed such sueh compensation to be taxed and allowed bythe by the said judge if any appraiser so appointed shall die be unable or fail to serve the court may appoint another in his place on reasonable notice or the parties by written agreement may appoint another to be approved by th tile e said judge approved february 20 1880 utan UTAH Ti TERRITORY ToRy 1 seere Segre secretary office s 1 I arthur L thomas secretary of the territory of utah do hereby certify that the foregoing act en all ali ail an act to provide for right of way for canals for salt lake bake city i is s true and correct as ap appears ars by the records on file iri ini my 0 office pice wice attest my hand and the great seal sea of the tho territory of utah this first day of march A D 1880 SEAL artnur ARTHUR L tilo Tito THOMAS AfAS hias secretary of utah territory |